Robinson Vs Natwest

[Michael Browne]

The court papers say they have 28 days from date of service to enter a defence, is this right?

Yes, so they have till Dec 29th to file a defence

 

Ive read other threads that say its 33 days from date of service, why's that?

 

Because the deemed date of service is usually 5 days after filing, so it's 33 days after date of issue

[Michael Browne]

This is their standard defence. You do not have to respond to it, but as a courtesy send a 1 liner acknowledging receipt. Remember this is from Cobbetts, they have not sent it as a courtesy, but to scare and intimidate you into backing down and accepting their first offer (usually 50%) which will be along any day now.

[Michael Browne]

Sorry to be a pain, I'm so worried.

See, it's having the desired effect!!! lol.

 

Of course they can apply to have it struck out, but before that happened the judge would issue directions stating what further information the court required. Only if you failed to do so within the timescale would the case be struck out.

 

It's just sabre rattling before they capitulate.

[Michael Browne]

Again ignore it. The place to answer their defence is in court.

 

However if it'll make you feel better:

 

I acknowledge receipt of your clients defence dated XX December 2006.

 

I first contacted your client regarding their unlawful charges on XX /XX/2006 and therefore disagree with your contention that any of these charges fall outside the scope of the Limitations Act 1980. However I am happy to let the court decide on this matter.

 

Your client should consider themselves fortunate I have not claimed charges going further back, since I believe that any limitation would be overturned under the terms of section 32 of the Limitation Act, due to their continued "concealment" of the fact that their charges are unlawful, or for relief from a "mistake.

[Michael Browne]

Just been reading elsewhere again, does this mean I'm likely to end up with a CPR Part 18 request anyway?

Probably not, they usually send Part 18 request with their defence or not at all

Then I can send them the standard reply in the "sticky".

Yes.

Is it only if the Court asks me to answer questions that I have to answer them?

Yes, you must comply with any direction from the court

[Michael Browne]

Do I have to send a copy of my reply letter to Court?

Won't do any harm

 

Allocation Questionnaires - A guide to completion

 

New strategy for Allocation Questionaires

 

[Michael Browne]

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

Re: Account in dispute

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely,

[Michael Browne]

Ok they've sent you a letter threatening to issue a default notice, don't wait for that to happen, get in first. Be proactive, not reactive.

 

I'm not sure what the 2nd paragraph means by " I am disputing the sum owed".

 

I thought they're chasing you for money which is made up of penalty charge which you believe are unlawful?

[Michael Browne]

Excellent!!

 

Please complete the bank survey……….cheers for the donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Congratulations. Enjoy the dosh!!!