Extremely Confused now - Please help

[Moustacheman]

I am claiming my bank cahrges from NatWest. I have followed all of the procedures and sent all the relevant letters. I am now at the stage where the bank have entered a defence against my claim. I went down the N1 route and provided copies of all of my particulars of claim for the bank and the court. I am very confused by all the legal jargon and dont know what to do now. I would really apprieciate some help as I really havent a clue what any of this means and what I need to do next!!

 

DEFENCE

 

1. This defence is filed and served without prejudice to the Defendant's case that the Particulars of Claim do not disclose resonable grounds for bringing a claim against the Claimant to recover the bank charges (and interest thereon) referred to in the Particulars of Claim or any other sum(s). In the event that the Claimant does not properly particularise his claim then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same.

 

2. No admissions are made as to what charges have been debited to the Claimant's bank account.

 

3. In relation to the allegation that th e contractual provisions pursuant to which the have been applied are unenforceable by virtue of the Unfair Contract Terms Act 1977 ("UCTA 1977") and/or the Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations") and/or the common law, the Claimant is required to identify:

 

3.1

(a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977")

 

(b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 (the "Regulations"). And;

 

© the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable; and

 

3.2 the contractual provision(s) that the Claimant allege are invalid by reference to UCTA 1977 and/or the Regulations.

Until such time as these sections/regulations/provisions are identified the Defendant cannot (save as appears below) plead to the allegation referred to in paragraph 4 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information.

 

4. To assist the claimant with the proper particularisation of his claim(s), the defendant serves with this defence a request made pursuant to CPR Part 18. If the claimant fails to provide the particulars requested in the time stipulated and/or the defects with the claim(s) (referred to in paragraph 1 above) remain then the defendant will apply to the court for (among other things) an order striking out the claim.

 

5. Pending the proper particularisation of the claim(s) the defendant is unable to plead to the claimants claim(s) beyond at this stage denying that the defendant is liable to the claimant at all. The defendant reserves the right to amend this defence to plead further to the claimants claim(s) once or if the claimant properly particularises the same.

 

 

6. The claimant is time barred from bringing a claim of unauthoriused bank charges prior to 7 september 2000 by the provisons of section 5 of the limitation act 1980

 

7. Save as hereinbefore appears the Defendant joins issue with the Claimant on his claim(s) and denies that it is liable to the Claimant as alleged or at all.

 

 

Please help as this makes no sense to me???????

[Glenn UK]

1st off don't panic

 

do you have a thread of your own where you can paste this information?

 

If not then start one of your own in the relevant bank forum.

 

Basically they are saying you haven't sent enough info to allow them to enter a defence so it would also be helpful if you could post your particulars of claim (POC)

 

If you post up these details then it would help people comment and offer advice, it may need to enter a revised POC. I believe if the defendant doesn't object then it doesn't cost, not sure on that.

 

So don't worry there doesn't look like theres anything too exciting in their defence, but its best to have as much info before jumping in with comments.

 

HTH

 

Glenn

[Moustacheman]

I do have a thread on the Natwest forum but don't seem to be getting much joy.

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/18372-moustacheman-natwest.html

 

I dont really see what else they can request from me. I have given them all of my particulars of claim. Copies of my schedule of Chages, Copies of all letters sent. What else do they need??

[Glenn UK]

AS i suggested i think you need to post your particulars of claim, thats what they are commenting on so unless we can see it its a bit of a punt in the dark.

 

HTH

 

Glenn

[newacre]

Moustacheman

 

first of all, don't worry. they know that these charges are unlawful and why. they are just checking to see if you do. let more experienced members give you more precise advice but;

 

on Unfair Contract Terms direct them to the DTI website;

 

http://www.dti.gov.uk/consumers/fact-sheets/page24772.html

 

"A trader can only include a clause in the contract requiring a consumer to indemnify him against any loss he may incur through negligence or breach of contract if he can show that the clause satisfies the test of reasonableness"

 

you can find the text here;

http://www.lawcom.gov.uk/docs/lc292bill.pdf#search=%22he%20Unfair%20Contract%20Terms%20Act%201977%22

 

go to page 29;

A term requiring A, when in breach of contract, to pay B a sum significantly

above the likely loss to B.

 

you(A) were in breach of your contract when you went over your limit but you are arguing that the charges made by the bank(B) are far in excess of their likely loss, which arise when they have to send you a computer generated letter.

 

hope this eases your worry in the meantime