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    • What did she actually put on the form? would be good to see what was sent to them, as likely she has outed the driver .
    • Attachments (Exhibits)   FTMDave and I have called them "Attachments" but I note Andyorch used the term "Exhibits".  I don't think it makes any difference which you use but perhaps Exhibits is more correct.  Whichever you use, make sure you use the term consistently.  (i'm going to use Attachment for now).   You use Attachments as supporting evidence for things you mention in the numbered particulars of your claim.  Might be a report from a third party or a quote from a third party.  In the relevant numbered particular of your claim you refer to the appropriate Attachment supporting that part of the claim.  eg like this "(See Attachment A)".   You can use numbers or capital letters to identify each Attachment.  I don't think it matters which but be consistent in your usage.   It helps if the Attachments are organised and incorporated into your claim in a logical sequence.  (eg A, B, C etc)   Make sure each attachment is clearly labelled "Attachment A"  etc.   If it is not immediately clear to the reader what an attachment is, put a brief description.  Eg "Quote from XXXXX Ltd to complete unfinished plastering" or whatever.  Make sure the reader can understand what each attachment is.   Ideally each Attachment will be no more than one page.  So you can make the labelling of attachments even clearer by labelling them "Attachment A  -  page 1 of 1" etc etc.   If an attachment is longer than one page you label it "Attachment A - page 1 of 2" and then "Attachment A - page 2 of 2", or whatever it is.   By doing all that you are making it easier for the judge to follow - and you want the judge on your side...   Now - what you've posted in #109 is helpful because it adds up to to £16577.  Which is good.  But if I were the judge, I'd want to know where the individual items come from.     So what you have posted in #109 should - I suggest - be your final attachment.  Let's call it "Attachment H" for now.  So at the end of your particulars of counterclaim where you say you are claiming £16577 from the defendant, you put the reference "See Attachment H".   The judge then looks at Attachment H and sees a total of £16577.  What you then need on Attachment H next to each individual item on there, is a reference to which earlier Attachment that item comes from.  eg "See Attachment C".  The judge can then look at Attachment C and understand where the item on Attachment H comes from.  By doing that rigorously and methodically for each item on Attachment H you are justifying each item and the total of £16577.  Yes?   Your schedule in #109 is OK but raises questions that need answering.  eg: spelling as spotted by Honeybee13 Grand total as spotted by Honeybee13 TBA or estimates as per my previous post and Honeybee why is it in two separate sections (£8577 and £8000)? The item numbering is absolute garbage At the end of the day it is going to be the detail (or lack of detail) in your attachments that will win (or lose) you the case.  It has to be just right and you have to be consistent.  It has to be logical, methodical and consistent so it can be understood immediately.   I don't want you to give me answers to these questions.  I want you to act on them.   As I said earlier, don't post any more work you have done for now.  Wait until FTMDave is back this evening so we are all working from the same page at the same time.   If Andyorch or FTMDave suggest anything that disagrees with me, go with what they say.  They know more than me.   (I suspect one of them might suggest some kind of contents list identifying and listing all the different attachments)    
    • Hi again I sent my letter off on Monday, signed for delivery as I wanted to make sure it's got there, it was finally delivered yesterday Last night I had a text from them:   "There is a 50% settlement discount available on your account.  If you cannot pay in full this can be paid across 3 equal monthly instalments of £339.57.  To take advantage of this offer please visit" and then a website link.   Hopefully they will be in touch soon to say they've taken the letter on board and will leave me alone now.   I'll update this thread if I hear anything, it really helped me to see others had been in my situation. Fingers crossed
    • It hasnt caused tfl financial harm, those cards are paid for by the public purse. Your abuse of that is what you need to get acrossYour   id also state a criminal record will destroy your future career totally.   Dx
    • sure, this is the email i will send today unless there are any changes i should make?   Dear Sir/Madam,   I am emailing as I wish to ask for an out of court settlement regarding my case (case number). I realise that my actions have caused TFL financial harm and for that I am truly sorry, and would like to help remedy this in any way. Whilst there is no excuse for my actions, at the time, I was struggling to afford transport as a student working only 6 hours a week. Student finance did not provide maintenance for masters and on top of this, I was on universal credit during that time. I have since been paying for the travel using my bank card and despite going into overdraft multiple times, I continued to pay the full fare for the past 4 months and will continue to do so. This is a mistake I truly regret and am willing to pay the entire amount stated to settle this as soon as possible. Thank you in advance for your consideration.   Kind regards,    
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RBS Claim - CPR Part 18 request


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Hi,

 

I am in need of some more urgent help please!

 

Cobbetts have filed a defense on behalf of RBS, which incoporates CPR Part 18 requests for further information. I can deal with the majority of these requests with the exception of the following:-

 

"In the claim, you state that the charges are 'unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, the Unfair Contract Terms Act 1977 and the common law'."

 

"Please specifiy all of the facts relied on by the Claimant in support of the contentions above, and in particular please identify (a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977"); (b) the regualtions of the Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations");and © the principles in common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable. Please also identify the contractual provision(s) that the Claimant alleges are unenforceable by reference to UCTA/the Regulations"

 

 

I understand that they are trying to complicate things are intimidate, but I am not sure how to repsond to this particular request. Please can somone help.

 

Kind Regards

 

Paul

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At the defence stage it appears that the RBS solicitors are asking claimants to complete a Cpr part 18.

They claim they have insufficient POC and request the claimant to send this to them.There is no requirement to do this and the letter below can be sent in response.

 

 

Dear Sir or Madam:

Claim No:

 

I Acknowledge the receipt of the defence posted on behalf of RBS plc.

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

Account Name:

Account number:

Sort Code:

 

Please also find enclosed a breakdown of all charges I am claiming.

Yours Faithfully

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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