RBS Claim - CPR Part 18 request

[panorman]

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

[Deller]

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

[panorman]

That makes things much easier!

 

Many thanks

 

Kind regards

 

Paul