Reesdance1 v Natwest **WON**

[thecornflake]

I can answer a few points on this. I've put it below in a better format for others to read as well.

I am not as knowledgeable as others on defences so hopefully they can correct where necessary.

 

Where I have said it is asking for further information you may not have to, it may just be intimidation tactics by them.

 

LETTER OF DEFENCE FROM COBBETTS.

1.This defence is filed and served without predjudice to the defendants case that the particulars of claim do not disclose reasonable grounds for bringing a claim against the claimant to recover the bank charges (and interest thereon)referred to in the particulars in the claim or any other sums.In the event that the claim is not properly particularised then the defendant will strike out the claim and/or for summary judgement in respect of the same.

 

Don't think you need to worry about this - looks fairly standard

 

2.without predjudice to the non admission set out in the foregoin paragraph,if and to the extent that the claimant proves the allegation that the defendant debited charges to the claimants bank account,insofar as such charges were debited on a date or dates more than six years prior to the issue of this claim,any remedy in respect of the same ,whether damages,restitution or otherwise is barred by the operation of the limitation act 1980 and/or the doctrine of laches and the defendant will apply to strikeout this aspect of the claim and/or for summary judgement.

 

This just says they think you can't claim charges more than 6 years ago. This is matter for debate. Do you have any charges more than 6 years ago?

 

3.In the particulars the claimant states "the defendant has imposed charges of £1270".

 

3.1 If the claimant is to bring such a claim against the defendant then the claimant must(among other things)plead the accounts to which the charges have been applied .

 

Presumably this means you have to specify the account numbers (did you do this on your schedules?)

 

4.no admissions are made as to what charges have been debited to the claimants bank account.

 

Fine, this will be on the schedule of charges provided by you

 

5. the claimant is put to strict proof of each and every charge the subject of the claim and must identify in respect of each charge

(a)the date

(B) the amount

© the description applied to the charge.

 

Did your schedule include these things?

 

6.in relation to the allegation that the bank charges amount to an unenforceable penalty th defendant pleads as follows

 

6.1 in order for the claimant to sustain a claim that the charges debited by the defendant are in nature of a penalty the claimant will need to plead and prove

(a)the clause(s) pusuant to which the charges were applied,

 

I.E. the relevant points of law

(b)that the charges were applied due to a breach of contract by the claimant ,and

 

©identifing in each case the particular breach of contract (by reference to appropriate terms of the contract that the charge related to.as presently pleaded the claim does not plead these matters and therefore does not disclose reasonable grounds for bringing a claim that all or any of thecharges refferred to in the particulars of the claim have been applied pursuant to an enforceable penalty clause.

 

presumably just means they want you to say which part of the contract (T&Cs) you breached in each case of a charge being applied

 

6.2 until such time as the claimant pleads the matters referred to in paragraph 6.1 above the defendant is unable to plead to the claim brought against it and therefore (pending the provision of full and proper particulars of the claim)at this stage denies that any charges have been applied to the claimants bank account pursuant to unenforceable penalty clauses.

 

Until you do the above (I'm not sure if you have to, you need to check this) they say they are unable to plead to the claim and deny they are penalties bla bla bla

 

7. In relation to the allegation that the contractual provisions pursuant to the "unfair contract terms act 1977 " and or the " unfair contract terms in consumer regs 1999" and or the "section 15 supply of goods and services act 1982" -

 

7.1 the claimant is required to identify the contractual provisions that are alleged to be invalid by reference to UCTA 1977 and/or regulations. Until such time as these provisions are identified the defendant cannot plead to the allegation refferred to in para 7 above. The defendant therefore reserves the right to plead further to the allegation once(and if) the claimant identifies the relevant contractual provisions.

 

Provide information as to which parts of the contract are alleged to be invalid/unlawful

 

7.2 in relation to the case of the claimant the contractual provisions are invalid pursuant to " section 4 UCTA 1977" then it is the case of the defendant that the section is not applicable as any contractual provisions relating to charges do not relate to the defendants liability for negligence or breech of contract.

 

They are denying the UCTA argument, stating that it does not apply (I think they are wrong on this point but it needs clarification. I don't think their argument is correct).

 

7.3 In relation to the case of the claimant that the contractual provisions are invalid pursuant to the regulations the defendant pleads as follows ;

 

7.3.1 schedule 2 to the regulations is an "indicative and non exhaustive list of terms which may be regaurded as unfair".

 

7.3.2 If the claimant is to rely upon para 1(e) of schedule 2 to the regulations then the defendant will require the claimant to plead and prove in relation to each bank charge that is sought to be recovered the matters referred to in para 7.1 above and all facts and matters relied upon in alleging that the sums paid are disproportionately high.

 

7.3.3 In the circumstances no grounds are disclosed for a claim that the contractual provisions(whatever they are alleged to be-see para 7.1 above)falls foul of the regulations and in particular para 1(e) of schedule 2.

 

7.3.4 The defendant is therefore unable to plead to this allegation beyond denying that any bank charges have been applied pursuant to terms which contravene the regulations. the defendant reserves the right to plead further to this allegation once the particulars referred to in para

7.3.2 above are provided.

 

7.3.5 without predjudice to para 7.3.4 it is the case of the defendant that the regulations have no application because the charges amount to payment for services provided by the defendant and the adequacy (or otherwise) of consideration paid under a contract for services is not an issue to be judged by reference to principles of unfairness under the regulations.

 

7.4 In relation to the case of the claimant that the charges are unreasonable within the meaning of SGSA section 15 the defendant pleads as follows ;

 

This is the defence to the SGSA argument

 

7.4.1 The claimant is required to plead and prove the necessary factors concerning the contract between the claimant and the defendant which mean that pursuant to SGSA section 15 there is an implied term that the claimant pay a reasonable charge for the service under the contract.

 

7.4.2 Further,the claimant is required to plead and prove(a)that the bank charges are unreasonable;(b)all facts and matters relied upon by the claimant in support of this case and ©what charges would have been reasonable.

 

7.4.3 In the circumstances no grounds are disclosed for a claim that the defendant has acted in breach of SGSA section15.

 

7.4.4 In the circumstances the defendant is unable to plead to this allegation beyond denying that it has acted in breach of SGSA section 15 as alleged or at all.the defendant reserves the right to plead further to this allegation once the defects in the pleaded case referred to in para 7.4.1-7.4.3 above are addressed.

 

7.4.5 It is the case of the defendant that the contract between the claimant and the defendant does not fall within SGSA section15 because (a) the consideration for the service would be determined by the contract between the claimant and the defendant and

(b)was not left to be determined in a manner agreed by the contract or determined by the course of dealings between the claimant and the defendant.

 

8. To assist the claimant with the proper particularisation of the claim,the defendant serves with this defence a request made pursuant to CPR18. If the claimant fails to provide the particulars requested in the time stipulated and/or the defects with the claim( referred to in para 1 above) remain then the defendant will apply to the court for(among other things) an order striking out the claim.

 

this is a CPR18 request. If likely to go to small claims you do not need to do this. Read the sticky on CPR18 requests.

 

9. Pending the proper particularisation of the claim the defendant is unable to plead to the claimants claim beyond this stage denyiny that the defendant is liable to the claimant as alleged in the claim or at all. the defendant reserves its right to amend this defence to plead further to the claimants claim once or if the claimant properly particularises the same.

 

If you provide more info they reserve the right to amend their defence to match the amended claim.

 

10.Save as herein before appears the defendant joins issue with the claimant on the claim and denies that it is liable to the claimant as alleged or at all.

 

God knows.

-----------------

 

Hope some of that helps, it needs a proper look through and I don;t have the time to check against the sections of the relevant laws involved.

 

The first thing is what did your schedule include? A lot of the first bit covers this.

 

The rest is answering to your POC, and askign for more info. Exactly what you need to provide I'm not sure as I haven't reached this stage yet and haven't read that much on the Cobbetts defences.

 

Hopefully the layout is a bit easier to read and corrections/further help will come soon.

 

If I get another chance to spend more time comparing it to the stanadrda defence I will and post some more info.

[natwesttookmymoney]

OK, I've got a bit more to add. I'm doing so in blue. Or maybe green.

 

I can answer a few points on this. I've put it below in a better format for others to read as well.

I am not as knowledgeable as others on defences so hopefully they can correct where necessary.

 

Where I have said it is asking for further information you may not have to, it may just be intimidation tactics by them.

 

LETTER OF DEFENCE FROM COBBETTS.

1.This defence is filed and served without predjudice to the defendants case that the particulars of claim do not disclose reasonable grounds for bringing a claim against the claimant to recover the bank charges (and interest thereon)referred to in the particulars in the claim or any other sums.In the event that the claim is not properly particularised then the defendant will strike out the claim and/or for summary judgement in respect of the same.

 

Don't think you need to worry about this - looks fairly standard Agreed

 

2.without predjudice to the non admission set out in the foregoin paragraph,if and to the extent that the claimant proves the allegation that the defendant debited charges to the claimants bank account,insofar as such charges were debited on a date or dates more than six years prior to the issue of this claim,any remedy in respect of the same ,whether damages,restitution or otherwise is barred by the operation of the limitation act 1980 and/or the doctrine of laches and the defendant will apply to strikeout this aspect of the claim and/or for summary judgement.

 

This just says they think you can't claim charges more than 6 years ago. This is matter for debate. Do you have any charges more than 6 years ago? Agreed

 

3.In the particulars the claimant states "the defendant has imposed charges of £1270".

 

3.1 If the claimant is to bring such a claim against the defendant then the claimant must(among other things)plead the accounts to which the charges have been applied .

 

Presumably this means you have to specify the account numbers (did you do this on your schedules?)

 

You have to do a bit more than that. You've got to identify your account, by the name, a/c number and sort code. You've got to specify each individual charge you're claiming back, stating date, description and amount. If you're claiming interest, that should also be shown against each charge.

 

Did you complete a spreadsheet and, if so, did you send it to the Court?

4.no admissions are made as to what charges have been debited to the claimants bank account.

 

Fine, this will be on the schedule of charges provided by you Whcih would be on the spreadsheet

 

5. the claimant is put to strict proof of each and every charge the subject of the claim and must identify in respect of each charge

(a)the date

(B) the amount

© the description applied to the charge.

 

Did your schedule include these things? Strict proof is a bit more than that. You have to be able to produce the original statements - not photocopied, not downloads from the online account - the originals, supplied by them. I presume you have them?

 

6.in relation to the allegation that the bank charges amount to an unenforceable penalty th defendant pleads as follows

 

6.1 in order for the claimant to sustain a claim that the charges debited by the defendant are in nature of a penalty the claimant will need to plead and prove

(a)the clause(s) pusuant to which the charges were applied,

 

I.E. the relevant points of law Actually, I'm not sure - it could be the T&Cs.

 

(b)that the charges were applied due to a breach of contract by the claimant ,and This will be by reference to the T&Cs

 

©identifing in each case the particular breach of contract (by reference to appropriate terms of the contract that the charge related to.as presently pleaded the claim does not plead these matters and therefore does not disclose reasonable grounds for bringing a claim that all or any of thecharges refferred to in the particulars of the claim have been applied pursuant to an enforceable penalty clause.

 

presumably just means they want you to say which part of the contract (T&Cs) you breached in each case of a charge being applied Agreed - but it's going to be a bit of a pain ID'ing each TorC in each case. You have my sympathy.

 

6.2 until such time as the claimant pleads the matters referred to in paragraph 6.1 above the defendant is unable to plead to the claim brought against it and therefore (pending the provision of full and proper particulars of the claim)at this stage denies that any charges have been applied to the claimants bank account pursuant to unenforceable penalty clauses.

 

Until you do the above (I'm not sure if you have to, you need to check this) they say they are unable to plead to the claim and deny they are penalties bla bla bla Yes, that's true.

 

7. In relation to the allegation that the contractual provisions pursuant to the "unfair contract terms act 1977 " and or the " unfair contract terms in consumer regs 1999" and or the "section 15 supply of goods and services act 1982" -

 

7.1 the claimant is required to identify the contractual provisions that are alleged to be invalid by reference to UCTA 1977 and/or regulations. Until such time as these provisions are identified the defendant cannot plead to the allegation refferred to in para 7 above. The defendant therefore reserves the right to plead further to the allegation once(and if) the claimant identifies the relevant contractual provisions.

 

Provide information as to which parts of the contract are alleged to be invalid/unlawful Have a look at my POCs, which mention the relevant bits.

 

7.2 in relation to the case of the claimant the contractual provisions are invalid pursuant to " section 4 UCTA 1977" then it is the case of the defendant that the section is not applicable as any contractual provisions relating to charges do not relate to the defendants liability for negligence or breech of contract.

 

They are denying the UCTA argument, stating that it does not apply (I think they are wrong on this point but it needs clarification. I don't think their argument is correct). I don't think so, either, but the claimant is under the obligation to identify the appropriate clauses.

 

7.3 In relation to the case of the claimant that the contractual provisions are invalid pursuant to the regulations the defendant pleads as follows ;

 

7.3.1 schedule 2 to the regulations is an "indicative and non exhaustive list of terms which may be regaurded as unfair".

 

7.3.2 If the claimant is to rely upon para 1(e) of schedule 2 to the regulations then the defendant will require the claimant to plead and prove in relation to each bank charge that is sought to be recovered the matters referred to in para 7.1 above and all facts and matters relied upon in alleging that the sums paid are disproportionately high.

 

7.3.3 In the circumstances no grounds are disclosed for a claim that the contractual provisions(whatever they are alleged to be-see para 7.1 above)falls foul of the regulations and in particular para 1(e) of schedule 2.

 

7.3.4 The defendant is therefore unable to plead to this allegation beyond denying that any bank charges have been applied pursuant to terms which contravene the regulations. the defendant reserves the right to plead further to this allegation once the particulars referred to in para

7.3.2 above are provided.

 

7.3.5 without predjudice to para 7.3.4 it is the case of the defendant that the regulations have no application because the charges amount to payment for services provided by the defendant and the adequacy (or otherwise) of consideration paid under a contract for services is not an issue to be judged by reference to principles of unfairness under the regulations. My POCs will help, here.

 

7.4 In relation to the case of the claimant that the charges are unreasonable within the meaning of SGSA section 15 the defendant pleads as follows ;

 

This is the defence to the SGSA argument

 

7.4.1 The claimant is required to plead and prove the necessary factors concerning the contract between the claimant and the defendant which mean that pursuant to SGSA section 15 there is an implied term that the claimant pay a reasonable charge for the service under the contract.

 

7.4.2 Further,the claimant is required to plead and prove(a)that the bank charges are unreasonable;(b)all facts and matters relied upon by the claimant in support of this case and ©what charges would have been reasonable.

 

7.4.3 In the circumstances no grounds are disclosed for a claim that the defendant has acted in breach of SGSA section15.

 

7.4.4 In the circumstances the defendant is unable to plead to this allegation beyond denying that it has acted in breach of SGSA section 15 as alleged or at all.the defendant reserves the right to plead further to this allegation once the defects in the pleaded case referred to in para 7.4.1-7.4.3 above are addressed.

 

7.4.5 It is the case of the defendant that the contract between the claimant and the defendant does not fall within SGSA section15 because (a) the consideration for the service would be determined by the contract between the claimant and the defendant and

(b)was not left to be determined in a manner agreed by the contract or determined by the course of dealings between the claimant and the defendant. this is a smokescreen. The contract was a standard one and that situation is covered in the SGSA. My POCs again.

 

8. To assist the claimant with the proper particularisation of the claim,the defendant serves with this defence a request made pursuant to CPR18. If the claimant fails to provide the particulars requested in the time stipulated and/or the defects with the claim( referred to in para 1 above) remain then the defendant will apply to the court for(among other things) an order striking out the claim.

 

this is a CPR18 request. If likely to go to small claims you do not need to do this. Read the sticky on CPR18 requests. I think s/he will have to, because the POCs s/he has filed are inadequate.

 

9. Pending the proper particularisation of the claim the defendant is unable to plead to the claimants claim beyond this stage denyiny that the defendant is liable to the claimant as alleged in the claim or at all. the defendant reserves its right to amend this defence to plead further to the claimants claim once or if the claimant properly particularises the same.

 

If you provide more info they reserve the right to amend their defence to match the amended claim.

 

10.Save as herein before appears the defendant joins issue with the claimant on the claim and denies that it is liable to the claimant as alleged or at all.

 

God knows. It means they're defending and they'll see you outside!

 

-----------------

 

Hope some of that helps, it needs a proper look through and I don;t have the time to check against the sections of the relevant laws involved.

 

The first thing is what did your schedule include? A lot of the first bit covers this.

 

The rest is answering to your POC, and askign for more info. Exactly what you need to provide I'm not sure as I haven't reached this stage yet and haven't read that much on the Cobbetts defences.

 

Hopefully the layout is a bit easier to read and corrections/further help will come soon.

 

If I get another chance to spend more time comparing it to the stanadrda defence I will and post some more info.

 

I'm rapidly coming to the conclusion that the MCOL route is inadequate, because we keep getting this response. I think it's better to file a full N1 and submit it to your local court. That way, you can file full POCs straight away and this stuff shouldn't appear.

 

Other tips - read the FAQs and step-by-step guide. If you've been frightened by this, then it indicates you're unsure of your ground. the more knowledge u have, the better.

 

Best wishes with it

 

Westy

[reesdance1]

thanks so much westy this is turning out to be a nightmare.im just not sure where i will get the information required and if so will it be on this forum. i will look in the faq's and step by step guide. i did send a schedule of charges showing all the relevant details required but it seems they are denying having received them,so i will send another copy with my cpr18. But its answering the T&C'S and the SGSA points that im out of my depth with. i think i may have to back out and give it up as a bad job

[fire fox]

Mine had 9 points too so dont worry. I also had T&C's and SGSA points and a request for CPR 18. I replied with the following letter

Dear Sir/Madam

I acknowledge receipt of the defence posted on behalf of National Westminster Bank 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 fast 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 with of its own initiative.

Furthermore, I consider the 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:

Account Sort Code:

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

Yours Faithfully

I also copied it to the Court and since then things have progressed well. I have a court date in April so dont worry and dont back out, you will be fine.

[reesdance1]

thanks v.v.much tony you dont know how relieved i feel after reading your post. i dont want to give up but yesterday i felt really out of my depth.i will take a copy of your letter and send to cobbetts and the court. will keep a lookout on how your claim is progressing,goodluck

[Lucylou]

Hi Rees,

 

I had 10 points on my defence - pretty much word for word like yours with a couple of minor differences. Dellar checked it over for me and assured me that it was strung out, but still quite a standard defence.

I would say that at this stage you take the advice given about just sending the acknowledgement letter that tells them you're not answering the CPR Part 18 etc etc. Worst case scenario is that the judge will eventually direct you to providing this info but until he does ( and there are no certainties on this one ) dont worry about it.

 

Good luck

[reesdance1]

thanks lucy was just about to ask what to do and what to send next.

do you think i should send another copy of my schedule of charges to cobbetts as they seem to be denying ever receiving these from me. also do i send my AQ to the court and a copy to cobbetts,and do i send the above letter on the cpr18 to both cobbetts and the court or just the court. sorry bout the bombardment of questions but lost a bit of confidence after yesterdays defence letter so im treading really carefully

[Lucylou]

No probs reece - I'm by no means an expert on this, but I have just gone past the stage that you're at and asked lots of questions on the site which is the only reason I can answer yours!!!

Ok - hope this makes sense:

 

COMPLETED AQ WITH DRAFT ORDER FOR DIRECTIONS

Send original to Court with covering letter

Send a copy of AQ (inc Draft Order) to Cobbetts as a matter of courtsey

Make one final copy of this for your files

 

LETTER ACKNOWLEDGING DEFENCE & SAYING NO TO CPR PART 18

Send this to Cobbetts and do include a copy of Schedule of Charges

Send a copy of letter and schedule to court with covering letter (see below) asking them to add to your file.

Make copies of all this for your own files.

 

 

COVERING LETTER TO COURT RE: COMPLETED AQ AND DRAFT ORDER

 

Dear Sir/Madam

 

Your name –v- Nat West Bank Plc

Claim No: xxxxxxxx

 

Please find enclosed my completed allocation questionnaire (with continuation sheet) and a Draft Order for Directions as referred to in Section G of the document.

 

I respectfully request that the enclosed documentation should be added to your records relating to the claim number above. I confirm that I have also sent a copy of the allocation questionnaire and relating documents to the defendants representatives Cobbetts LLP.

 

 

Yours Faithfully,

 

 

 

 

 

LETTER TO COURT RE: ACKNOWLEDGING DEFENCE & NO TO CPR 18

Dear Sir/Madam

 

Your name –v- Nat West Bank Plc

Claim No: xxxxxxx

 

I have recently received documents from the defendants legal representatives pertaining to their defence and a request for further information.

 

Please find enclosed a copy of my reply to Cobbetts LLP which acknowledges receipt of their defence and addresses their request for information that was served pursuant to CPR Part 18.

 

I respectfully request that the enclosed copy letter should be added to your records relating to the aforementioned claim number

 

 

Yours Faithfully,

 

 

Hope this is useful!!!

[natwesttookmymoney]

Reesdance - sorry if my reply intimidated or overwhelmed you it wasn't intended to! it was supposed to help you identify the points you had to make.

 

I agree with your two new pals - send back the CPR response. The judge may order you to provide more info but you will have got yourself some time to become more familiar with everything.

 

Good luck - and, whatever you do, don't give up! If it all seems too much, come on the site and ask for help.

 

Westy

[reesdance1]

thanks westy i know you're only trying to help so it was taken as meant so no worries, it just gets overwhelming at times and yesterdays defence letter was one of those times. im gonna take the above points and advice and hopefully if cobbetts make me do more worrying then at least i know ive got all the help and support i need here on this site,and i sure as hell will be offering any help and advice ive learnt to help and support anyone else who needs it. you're all golden on here thanks again maggie

[reesdance1]

thanks lucy for the letter templates i am in the process of writing to the court and cobbetts now. will be keeping an eye out on your progress goodluck and thanks again maggie

[natwesttookmymoney]

thanks westy i know you're only trying to help so it was taken as meant so no worries, it just gets overwhelming at times and yesterdays defence letter was one of those times. im gonna take the above points and advice and hopefully if cobbetts make me do more worrying then at least i know ive got all the help and support i need here on this site,and i sure as hell will be offering any help and advice ive learnt to help and support anyone else who needs it. you're all golden on here thanks again maggie

 

Hi, Maggie

 

No worries - I sometimes get excited and sometimes forget my own feeling of being out of my depth - which I had when I began, we all do.

 

Glad to help any way I can.

 

Westy

[reesdance1]

No probs reece - I'm by no means an expert on this, but I have just gone past the stage that you're at and asked lots of questions on the site which is the only reason I can answer yours!!!

Ok - hope this makes sense:

 

COMPLETED AQ WITH DRAFT ORDER FOR DIRECTIONS

Send original to Court with covering letter

Send a copy of AQ (inc Draft Order) to Cobbetts as a matter of courtsey

Make one final copy of this for your files

 

LETTER ACKNOWLEDGING DEFENCE & SAYING NO TO CPR PART 18

Send this to Cobbetts and do include a copy of Schedule of Charges

Send a copy of letter and schedule to court with covering letter (see below) asking them to add to your file.

Make copies of all this for your own files.

 

 

COVERING LETTER TO COURT RE: COMPLETED AQ AND DRAFT ORDER

 

Dear Sir/Madam

 

Your name –v- Nat West Bank Plc

Claim No: xxxxxxxx

 

Please find enclosed my completed allocation questionnaire (with continuation sheet) and a Draft Order for Directions as referred to in Section G of the document.

 

I respectfully request that the enclosed documentation should be added to your records relating to the claim number above. I confirm that I have also sent a copy of the allocation questionnaire and relating documents to the defendants representatives Cobbetts LLP.

 

 

Yours Faithfully,

 

 

 

 

 

LETTER TO COURT RE: ACKNOWLEDGING DEFENCE & NO TO CPR 18

Dear Sir/Madam

 

Your name –v- Nat West Bank Plc

Claim No: xxxxxxx

 

I have recently received documents from the defendants legal representatives pertaining to their defence and a request for further information.

 

Please find enclosed a copy of my reply to Cobbetts LLP which acknowledges receipt of their defence and addresses their request for information that was served pursuant to CPR Part 18.

 

I respectfully request that the enclosed copy letter should be added to your records relating to the aforementioned claim number

 

 

Yours Faithfully,

 

 

Hope this is useful!!!

can anyone tell me what the "continuation sheet "is that im meant to send in with my AQ, and also what the "draft order for directions as referred to in section G" is as quoted in the above "covering letter to court" . thanks

[reesdance1]

hi all can anyone tell me what a "continuation sheet" and "draft order for directions as referred to in section G of the docuement"means as referred to in the above COVERING LETTER TO COURT RE:COMPLETED AQ AND DRAFT ORDER . thanks:confused:

[natwesttookmymoney]

Hi, Rees

 

As far as I'm aware, a continuation sheet is simply a sheet of paper which has details and information on it that are to big to go on the AQ.

 

The draft order can be found in here (http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html), as well as the reasons for it. The strategy is proving widely successful.

 

Best

 

Westy

[asalique]

I received mu defence today, 9 points raised. Futher information request also received. Will follow lucylous advice but do i send the schedule with 8 per interest or with out any interest.

Thanks.

A Salique

[jimmyay]

Reesdance DO NOT give up. Everyone on here will help you and you are close to winning.

 

I also got my defence through yesterday, it is the same as yours practically with 9 points, and yes it is scary, but you have to have the confidence to see it through .

 

The whole point of this is to intimidate you - don't be intimidated. You are the claimant, you have been wronged & there's nothing to feel guilty about. The office of fair trading is investigating these outrageous charges too, there are a lot of people behind you.

[reesdance1]

i would send the schedule with the 8% interest added,which is what ive done,and ive sent copies of the schedule to cobbetts and the court for safe measure as cobbetts seem to be denying ever receiving any schedule of charges that i sent them weeks ago,ive also sent a draft order to both aswell goodluck we seem to be at the same level so i will keep a lookout on your progress

[reesdance1]

thanks jimmyay i will do, ive got my fighting spirit back and its thanks to the likes of you and the support im getting from this site that helps. ive just spent all day yesterday writing letters to cobbetts and the court with gusto.........now hopefully i can sit back and chill for a bit until i get my court date or a big fat cheque ,hopefully the latter

[reesdance1]

p.s jimmyay ....and goodluck

[asalique]

thanks reesdance1, i rang cobbetts and spoke to someone by the name of rachel monagon and asked are you sure you have not received my schedule i sent 2 weeks ago. she put me old for about 3 mins and returned saying sorry for the delay and confirmed she now has the schedule it just was not logged onto the system when drafting the defence. she said I should not worry about the request for further information. i asked if natwest would improve on the offer they made earlier. i said i will forget the interest and i just want all charges and court fees refunded. she asked to send her email confirmimg this and she will forward it to natwest. sent her email let see what happens.

asalique.

[natwesttookmymoney]

Asalique

 

I expect you will get settlement very promptly. You're letting them off lightly and they know it!

 

Good luck

 

Westy

[reesdance1]

im wondering whether to do the same myself by ringing up cobbetts and asking if they will pay me all my charges back and the court fees without the 8% annual interest added. it does sound like they are going to consider it due to being able to get away with having to pay extortionate interest fees. But in my case im not going to lose out on the interest because i made a mistake in my initial calculations to moneyclaim on line. i agree with westy that Natwest would appear to be getting off lightly but at the same time the people who are claiming charges back but dont want the work and stress of the courts will surely find this way a more tempting proposal. i say either way with or without the 8% annual interest the fight against these unjust charges must and will go on. it will be interesting to see how cobbetts respond

[asalique]

hello natwesttookmymoney

 

natwest made a offer two weeks ago and i rang them to ask if they could improve the offer to cover all charges and court costs. was advised will not offer anymore other than whats already been offered and i must say yes or no to their offer. i said no, i just hope they have not withdrawn offer.

[natwesttookmymoney]

Asalique - they will come up with a better offer. Have confidence. Not far to go, now.

 

Westy