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i called the moneyclaim help line today and they have put a defence in, so now i have to fill in the questionaire when i receive it and take the next step. i was told the defence came in on day 27 or 28.

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i called the moneyclaim help line today and they have put a defence in, so now i have to fill in the questionaire when i receive it and take the next step. i was told the defence came in on day 27 or 28.

 

What an absolute bummer. :mad:

 

Still, you will get it back, it'll just take a bit longer now.


Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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i will make more posts to let you know what is happening.

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Please do - just filed papers for Nationwide myself :)


Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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have received a cpr part 18 request, firstly most of the questions state ' in relation to each charge ' . surely this does not mean that i have to answer for each individual charge ? can anyone who has already had this from cobbetts solicitors give any help with the wording of the reply please.

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Part 18 does not apply to the small claims track. Therefore there is no need to respond to any inquiries made under part 18.

 

If you wish to reply to it, simply point out that you consider that the inquiry is intimidatory as part 18 is excluded and that you intend to bring the intimidation to the notice of the court.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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sorry it actually says 'this request is served pursuant to cpr part 18'. does this make a difference? a copy of this has also come from the court, so does this mean i have to reply to this

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No. As per my previous post, either ignore it or send a reply along the lines of what I have suggested.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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sorry for being a bit dense but could you clarify that they are not allowed to request this further information even if it is not an officicial cpr part 18 request?

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sorry for being a bit dense but could you clarify that they are not allowed to request this further information even if it is not an officicial cpr part 18 request?

 

Part 18 does not apply to the small claims track. Therefore there is no need to respond to any inquiries made under part 18.

 

If you wish to reply to it, simply point out that you consider that the inquiry is intimidatory as part 18 is excluded and that you intend to bring the intimidation to the notice of the court.

..

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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RBS have put a defense in on last day allowed on my claim aswell. will expect same questions as you. did you reply?

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Sent response saying cpr part 18 doesnt apply to small claims and that it was intimidating and misleading. Recieved following reply.

 

We note your comments on our request for further information. please note that part 27.2(1)(f) applies subject to paragraph 3 of part 27.3, which states that the court of its own initiative may order a party to provide further information if it considers it appropriate to do so. (a point I put in my reply!!!) It is our clients contention that your particulars of claim do not properly particularise your claim. For example, our client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportionate and unreasonable.

 

The court is bound by an overriding objective to deal with cases justly and ensure that parties are on an equal footing. It is clearly the case that our client cannot respond to your claim where you have not provided sufficient particulars. Our client objects to your allegation that the request is intimidating and misleading.

 

Accordingly, on allocation of this matter, we will suggest that case management directions cannot be proposed until you serve a reply to our request.

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Sent response saying cpr part 18 doesnt apply to small claims and that it was intimidating and misleading. Recieved following reply.

 

We note your comments on our request for further information. please note that part 27.2(1)(f) applies subject to paragraph 3 of part 27.3, which states that the court of its own initiative may order a party to provide further information if it considers it appropriate to do so.
(a point I put in my reply!!!)
It is our clients contention that your particulars of claim do not properly particularise your claim. For example, our client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportionate and unreasonable.

 

The court is bound by an overriding objective to deal with cases justly and ensure that parties are on an equal footing. It is clearly the case that our client cannot respond to your claim where you have not provided sufficient particulars. Our client objects to your allegation that the request is intimidating and misleading.

 

Accordingly, on allocation of this matter, we will suggest that case management directions cannot be proposed until you serve a reply to our request.

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Have drafted this reply. Any opinions or suggestions?

 

Dear Sir or Madam

 

Thank you for your reply. Unfortunately, your original letter did not state that the court can request further information, but intimated that a response had to be made under cpr part 18. At no stage is it stated in your correspondence that this is not required as part of cpr part 18, indeed, a deadline date is included for receipt of the response. This will be submitted in court and the judge can decide on the impression the letter is intended to give.

 

As a gesture of goodwill I am enclosing details of the charges in question, the interest applied as of today’s date, and details of the account number and sort code. As I received this information myself from the Royal Bank of Scotland I find it quite surprising that they are requesting information they already have access to.

 

The laws and regulations relating to this claim are clearly documented in the particulars of claim on the initial claim form.

 

As previously stated, I am more than willing to provide any further information at the courts request.

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Have drafted this reply. Any opinions or suggestions?

 

Dear Sir or Madam

 

Thank you for your reply. Unfortunately, your original letter did not state that the court can request further information, but intimated that a response had to be made under cpr part 18. At no stage is it stated in your correspondence that this is not required as part of cpr part 18, indeed, a deadline date is included for receipt of the response. This will be submitted in court and the judge can decide on the impression the letter is intended to give.

 

As a gesture of goodwill I am enclosing details of the charges in question, the interest applied as of today’s date, and details of the account number and sort code. As I received this information myself from the Royal Bank of Scotland I find it quite surprising that they are requesting information they already have access to.

 

The laws and regulations relating to this claim are clearly documented in the particulars of claim on the initial claim form.

 

As previously stated, I am more than willing to provide any further information at the courts request.

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sounds great John but one of the mods will probably check it over!


NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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Subscribing to thread.


RBoS:

Student Current Account: £300

Current Account: £100

Total = £400

 

  • Statements requested 3/4, Received 26/4.
  • Pre-lim letter sent for both accounts 29/5.
  • 'Bugger-off' reply received 7/6.
  • LBA Hand delivered to Branch Manager 9/6
  • Reply received and ensuing email conversation terminated 21/6.
  • Claim Filed with Edinburgh Sheriff court 27/6.

  • Return Date is 01/08, Hearing Date 08/08!
  • Letter REcieved 2/8 offering £280, Declined.
  • Phone call same day offering full amount + fees.


RESULT!!

 

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sorry for double posts. dont know what happened.

 

Any mods out there to check my letter out please?

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I'm not a mod but the letter's great; I would change the bit where you say you're surprised to something like the following:

 

I obtained all of the information pursuant to this claim (vis the charges, account numbers etc) from your client, The Royal Bank of Scotland; I am therefore somewhat surprised that you have not been sent this information by them directly to enable you to defend this claim efficiently. As a goodwill gesture, therefore...

 

What do you reckon? They'll look pretty darn stupid if that goes before a Judge...

  • Confused 1

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just received from cobbetts a copy of their allocation questionaire, in the section for other information they have written the following 'case management directions cannot be proposed until the claimant serves and reply to the request for further information which was due by 27th june 2006. in the light of this the defendant may amend its defence or apply to strike off.'

have sent them a copy of all the charges and interest and resent them the details of the claim as on the original claim form, what should i do now?

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just received from cobbetts a copy of their allocation questionaire, in the section for other information they have written the following 'case management directions cannot be proposed until the claimant serves and reply to the request for further information which was due by 27th june 2006. in the light of this the defendant may amend its defence or apply to strike off.'

have sent them a copy of all the charges and interest and resent them the details of the claim as on the original claim form, what should i do now?

 

They are filibustering, flim-flamming, mucking you about. They have no right to excercise Pt 18 requests for small claims and they know it. Ignore it utterly, and return the allocation questionnaire as normal.

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And????

 

What on earth are you talking about?

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thanks stonelaughter, have sent allocation questionaire back ages ago now, i guess they are wasting time but i get worried when most seem to get a settlement before this stage. thanks for help i will keep posting with any news.

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Have just recieved letter from court service saying the following

 

"Having viewed the allocation questionnaires recieved in the above case the District Judge has made the following comments. 'This is one of many similar cases involving the issue of whether bank charges are a penalty or unfair. An authoritative decision is awaited in the case of Elliot-v-Lloyds TSB ref: 6UB01701 which has been transferred to the Londoon Mercantile Court for trial before his honour Judge Mackie QC. The court proposes to stay this claim pending a decision in Elliot v Lloyds TSB. Any representations are to be made by 01 August 2006.'

 

I look forward to your response."

 

 

Does anyone know what this is all about?

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