Kirby vs Natwest

[Rimardo]

Hi,

 

I am pretty worried about my claim, I have received a CPR Part 18 and a REQUEST FOR FURTHER INFORMATION AND CLARIFICATION.

 

I don't have a copy of the text I entered in the moneyclaim, I looked on the website but I cannot find it

 

This is the REQUEST:

 

1. In your claim you state: "I am claiming the return of money taken by the defendant in way of charges over the last 6 years"

 

2. Please provide the following particulars in support of your claim:

 

2.1 To what accounts (s) (giving detils of the account name, number and sort code) were the charges applied.

2.2 In relation to each charge please identify (a) the date when the charge was charged; (b) the amount of the same; and © the reason(s) given for the charging of the same

2.3 In relation of ach charge, please clarify the followsing; (a) is it the case of the Claimant the same should not have been charged? (b) if yes; please explain why the Claimant contends that the same should not have been charged? © If no; is it the case of the Claimant that the same should not have been charged in this amount? (d) If yes; please explain why the Claimant contends that the same should not have been charged in this amount and identify the sum the Claimant contends should ahve been charged. (e) If no; please state the Claimants case.

 

3. In your claim you state that "the banks charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law".

 

4. Please provide the following particulars in support of your claim:

4.1 Please specify the clause(s) pursuant to which the charges were applied;

4.2 Please specify whether the charges applied were due to a breach of contract by the Claimant;

4.3 Please identify in each case the particular breach of contract (by reference to appropriate term(s) of the contract) that the charge related to.

 

5. In your alaim you state that the charges are :"invalid under the Unfair (Contracts) Terms Act 1977 s.4 and Unfair Terms in Consumer Contracts Regulations 1999 Para.8 and Sch2.(1)(e)" and "unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15"

 

6. Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 5 above, and in particular identify the contractual provisions that the Claimant alleges are invalide by refence to UCTA/the Regulations.

 

Im bricking it now, I don't know what to do! Should I send the letter saying I am not prepared at this stage to answer the CPR 18??

 

Any help GREATLY appreciated!!

[Rimardo]

BTW I am claiming £1700 + interest...

[sarah13]

did you read the link i sent you for step by step instructions? have you made a schedule of charges?

 

I would think if you use the template for particulars of claim and enclose your schedule, it would meet all the criteria they want.

 

Here are some links

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Ask again if you need more help- but read as much as you can as this will enable you to help yourself. Good luck.

[Guest Mumofthreeboys]

Just send the CPR Part 18 reply letter together with a copy of your spreadsheet.

[Rimardo]

Thank you very much Sarah! I will send the N1 form to Cobbets & the Court...

[livelylad]

Thank you very much Sarah! I will send the N1 form to Cobbets & the Court...

 

Why are you sending the N1 form?

 

Do as Mumof threeboys said. I think you need to read up some more this will avoid making costly mistakes.

[sarah13]

Thank you very much Sarah! I will send the N1 form to Cobbets & the Court...

 

i didnt mean for you to send the N1 just to use the text from it. However i would follow Mumofthreeboys advice.

[Guest Mumofthreeboys]

You don't need the text from the N1, just send this letter http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

[Rimardo]

You don't need the text from the N1, just send this letter http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

 

Should I sent a copy (along with schedule of charges) to the court aswell as to Corbetts?

[Guest Mumofthreeboys]

If it came from Cobbetts in the first place, send it back to them. Make sure you get proof of posting as well.

[Rimardo]

If it came from Cobbetts in the first place, send it back to them. Make sure you get proof of posting as well.

 

Thanks Mumof3boys, when I first received it I thought the COURT was requesting all this info this is why I bricked it so much!!

 

Gonna send it recorded delivery tonight...

[Rimardo]

Hey, just looking for the letter templates - can't find them on the site!

 

Can anyone point me in the right direction?

 

[Deller]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

[Rimardo]

Thanks Deller...

 

Question - how do you know if you have been 'defaulted' on your account??

[Deller]

Probably best to check your credit file with experian and equifax to see if you have a default aginst your name with this account.

 

Credit Expert from Experian=

 

Online Credit Reports and Credit Reporting from a Leading Credit Agency: Equifax

[Rimardo]

I've ordered a report on Experian, the Equifax report is £16.95 - is that right???

[Deller]

No, by my understanding it should only cost you £2.00 from each company. I got mine a couple of months back and sent £2 postal orders to both credit reference agencies with a SAE, my reports were back within a week.

[Deller]

Just checked the equifax website for you, have look here:-

 

https://www.econsumer.equifax.co.uk/consumer/uk/sitepage.ehtml?forward=gb_elearning_credit14

 

You need column 3 - Statutory Credit Report

[Rimardo]

My AQ came in the post today!!

 

I feel like I'm getting much closer now...

 

*fingers crossed still*

[Rimardo]

What should I fill in section G??

 

Can anyone give me some advice??

[cheddar]

Go back to the templates section for filling out the AQ (link is above)

[Rimardo]

Ok, I'll have another look

 

The AQ isn't due to be back to the court until the 23rd - should I send it today or wait a little bit??

[Rimardo]

Also, what do I make the £100 cheque payable to (for the AQ)???

 

Thanks

[Deller]

Make the cheque payable to HMCS.

[Rimardo]

Make the cheque payable to HMCS.

 

Litterally that? The abbreviation??