Natwest's AQ

[kenny99]

Hi everyone

 

I'm a bit of a silent member on these boards, I don't really tend to post much as pretty much all of my questions are answered in other posts...Anyway! Just wondering if I can ask a question of my own?

 

I submitted my AQ last week at my local court, I completed it according to the templates on here. I have done everything according to this site so far. This morning I received a copy of Natwest's AQ from Cobbetts, it's taken me aback a little. In section G (other information) they have stated...

 

.."the claimant has not shown that she has reasonable grounds for bringing the claim and despite the defendant requesting that the claimant remedy the lack of particularity pleased in the particulars of claim, the claimant has failed to do so. Case management directions cannot be proposed until the claimant fully particularises her claim. In light of this, the defendant may amend its defence or apply to strike out."

 

What does this mean...have I done something wrong? I have included the spreadsheet of breakdown of charges with every letter.

 

Can anyone help? Has anyone else had this statement?

 

Thanks folks :-?

[Deller]

Can you post on here what you used for your POC.

[Michael Browne]

Yes standard AQ reply . Don't forget Cobbetts have deliberately entered this and then sent you a copy in order to scare and intimidate you. The case cannot be struck out without you being notified by the court. who at that point would give you the chance to amend your particulars. Don't worry, it's just a last sabre rattle from Cobbetts before their offer to settle.

[kenny99]

Can you post on here what you used for your POC.

 

Yes, I put the following:

 

Particulars of claim:

• The claimant has an account XXXXXXXXX with the Defendant

• During the period during which the account has been operating the defendant had debited numerous charges to the account in respect of purported breaches of contract on the part of the claimant. The claimant understands that the defendant contends that the charges were debited in accordance with the terms of the contract between itself and the claimant.

• A list of charges applied is attached to this form.

• The Claimant contends the:

a) the charges debited to the account are punitive in nature, are not a genuine pre estimate of cost incurred buy the defendant, exceed any alleged actual loss to the defendant in respect of any breaches of contract on the part of the claimant, and are not intended to represent or are related to any alleged actual loss, but instead unduly enrich the defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges in unenforceable by virtue of the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Regulations 1999 and common law.

• Accordingly the Claimant claims:

a) The return of the amounts debited in respect of charges to the sum of £x

b) A declaration from this honorable court that the term of the contract leading to the application of the charges is unenforceable

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods the court deems just.

Does that seem right?

Thank you both for your replies.

[kenny99]

the bullet points haven't copied accross from Word properly. They were numbered, then a,b,c etc.

[Deller]

This seems fine, just take on board Michael's comment above.

 

They just want you to worry about what you've done and pull out of your claim......NO CHANCE!!

[kenny99]

Thank you!

 

You have both reassured me.

 

I will update when I hear anything....I think someone said the average waiting time is 33 days from filing AQ...so approx 16th Jan???

 

Now, to play the waiting game.

 

Thanks again.

[Deller]

Mine was only 15 days from AQ deadline so it may be sooner.

 

Good Luck!!