Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • What are your reasons for set aside ?   Why can you only provide a mailing address ?   The Courts will have a backlog of cases and they will be listed for whenever they re-open.   You said the Court has accepted substituted service.    Have you contacted the Court to find out what could happen next ? 
    • The latest dispute comes after Twitter added fact-check links to the president's tweets for the first time. View the full article
    • the property is not yours you are not on the deeds you are/were not ever on the mortgage..   stop trying to do their job in scamming you.        
    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired.   For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   So no mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage   and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.    All it states is that the operator can pursue outstanding PCNs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say.   Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ] to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal.   Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative.   Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.   I have not looked much at your WS though it is looking good.   I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007.   that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations.   It calls into question their right to apply for motorists data from the DVLA.   I would wait for their WS to arrive so that you can pick holes in that too. however watch that if they are late that you send yours off just within the Court guidelines.   What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
  • Our picks

    • View this quiz Employment status during COVID-19
      What do you do if you’ve been told not to come to work due to the current crisis.  Watch the video here or on the Youth Consumer Service Instagram page.

      Did you learn anything? Do the quiz
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 8 Category The Youth Consumer Service Submitted 15/05/20  
      • 0 replies
    • One Parking Solutions - Damning judgement. Read more at https://www.consumeractiongroup.co.uk/topic/421148-one-parking-solutions-damning-judgement/
        • Thanks
        • Like
      • 63 replies
    • View this quiz Coping with extreme hardship
      Life can be tough when you're entering the world of work and in the present virus crisis, things are even more difficult.

      Watch the video below or go to the Youth Consumer Service Instagram page . Afterwards, you can see if you've understood the points which are being made by taking the quiz.
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 8 Category The Youth Consumer Service Submitted 15/05/20  
      • 1 reply
    • View this quiz: Pre-pay meters
      An explanation of how some gas and electric companies offer emergency quarantine support.

       
      Watch the video here – or go to the Youth Consumer Service Instagram page and watch it there. Then come back here and do the quiz
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 6 Category The Youth Consumer Service Submitted 15/05/20  
      • 1 reply
ED1237

Letter to Court re CPR18 request

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4669 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all

 

Recieved a letter today from cobblers asking for a schedule detailing charges, this was sent with the reply regarding the CPR18 to them and the court, as well as a copy sent to the courts with our AQ, the AQ has already gone to our local court this week, my wife has a N149 and I have a N150, should we send another copy of the schedule of costs ,which now include the 8%, to cobblers or ignore them? I like the letter from alimehmet but trying to see how it would fit into our situation?

 

sg51bmw:confused:

Share this post


Link to post
Share on other sites
Hi all

 

Recieved a letter today from cobblers asking for a schedule detailing charges, this was sent with the reply regarding the CPR18 to them and the court, as well as a copy sent to the courts with our AQ, the AQ has already gone to our local court this week, my wife has a N149 and I have a N150, should we send another copy of the schedule of costs ,which now include the 8%, to cobblers or ignore them? I like the letter from alimehmet but trying to see how it would fit into our situation?

 

sg51bmw:confused:

 

definitely send another copy to Cobbetts, you have nothing to lose by doing so, plus it shows to the courts you are cooperating. I sent my letter to the Court, and it didnt have an adverse reaction to my claim. I also sent copies to Cobbetts.

 

good luck and keep checking the forums

Share this post


Link to post
Share on other sites

I received the following request from Cobbett

 

1 This request is served pursuant to CPR Part 18 alternatively with regard

to CPR Rule 27.2(3).

2 The reason(s) why this request has been served are set out in the

Defence which has been served by the Defendant.

 

3 You are asked to provide a response to this request in accordance with

CPR Part 18 by 26 April 2007.

 

4 If you are unable to provide a response by this date then you are asked to contact the Defendant's solicitors promptly and tell them when you will be able to provide a response.

 

5 In the event that you do not provide an adequate response to this request by this date (or such other date as may be agreed with the Defendant's solicitors) then the Defendant can apply to the Court for an order requiringyou to provide the information requested or (in view of the deficiencies in the way that the claim is pleaded) an order striking out the claim(s).

 

The Request

1 In your claim you state: "the Defendant debited charges and interest in respect of purported breached of contract".

 

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

2.1 To what account(s) (giving details 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 to each charge, please clarify the following: (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 have been charged. (e) If no; please state the Claimant's case.

 

3 In your claim you state that the charges are: "unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, the Unfair Contract Terms Act 1977 and the common law" and "they must be reasonable under s15 of the Supply of Goods and Services Act 1982".

 

4 Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 3 above, and in particular please identify (a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977"); (b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations"); and © the principles of 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.

 

Is the letter at the top of this thread ok to send in reply to this or am I missing something? I will need to take out the part about sending the charges to the court as I never did. I wasn't aware I had to with MCOL and only the bank has received the list of charges. Also I have no yet received the AQ and I received this request last Friday.

 

I also have another query. I served the papers etc some time ago now and of course more and more 8% interest has been added on. What version of charges do I send. What the charges + interest is currently at (ie today) or should I keep it to the date when I made my claim 12th March as in the POC I adivsed I would be claiming XX amount per day?

 

Please help, Lots of help would be appreicated.

Share this post


Link to post
Share on other sites

:confused:

No Brainstorm, you send it to your local court.

Hi ED1237 urgent request

how do l answer to para 4.1 4.2 4.3 5 & 6 of the CPR18

have to send it of by Thursday

getting really stressed ,do we send it as a statement then add a forwarding letter

Share this post


Link to post
Share on other sites

Greetings all,

 

I'm currently taking NatWest to the Small Claims court for just over £3700 applied in charges since I opened an Advantage Gold account in 2002. They offered me £3000 as a full and final settlement, but I declined it, mainly because they have continued to charge me whilst this has been going on, my account (despite no longer being used) currently stands at around £400 over my agreed overdraft limit of £200. This extra is entirely due to the charges they continue to levy. This means that if I had accepted their offer, they would have simply credited my account, thus paying themselves back!

I have now received the letter from Cobbetts asking for further information and clarification, plus a copy of the defence. From looking through this site, it seems to be a fairly standard letter that Cobbetts send out, at least mine doesn't differ from the other examples posted here.

 

My questions then, are these:

1) Do I use the letter posted at the top of this thread as a response to the CPR part 18 request I have received, and if so, do I send it to the defendent, Cobbetts, the court, or all three?

2) I made a slight error when originally calculating my claim: I inadvertantly added in the charges for my Advantage Gold account of £12.00 per month. This, it seems, is a service charge not a penalty charge, and so I cannot rightfully claim this back. What do I do about this?

3) NatWest have continued to apply charges to my account, despite the fact I have ceased to use it since I began this action. The charges have taken me above my agreed overdraft limit, and is thus incurring further charges. At this rate, (around £90-125 per month), any refund I am likely to get will be swallowed up by all the new charges! Can I increase the amount I am claiming to account for the new charges? If not, is there anything I can do about this?

 

many thanks for your help.

Share this post


Link to post
Share on other sites

Hi all PLEASE READ AND BE VERY AWARE

I was in court to -day for a DIRECTION HEARING not the full case.

1. The point of having NATWEST defence thrown out, the judge dismissed Mullin Vs Council as irrelevant

2. I have now been ordered to complete a CP Pt 18.

3. The bank then wanted the full case heard I have had that reversed at least to a second direction hearing.

 

 

In essence they succeeded in convincing the Judge that they did not have enough information to conduct their defence. The Judge has ordered the following:

 

 

1.1 In relation to each charge please identify:

 

 

(a) the dates when the charge was charged

(b) the amount of the same

© the reason(s) given for the charging of the same

 

 

1.2 In respect of each charge, please clarify the following:

(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 tit 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 claimants contends should have been charged

(e) if no please state the claimants case

 

 

2 In your claim you state "the charges are an unlawful extravagant penalty".

 

 

2.1 Please specify whether these charges applied were due to a breach of contract by the claimant

 

 

2.2 Please identify in each case the particular breach of contract (by reference to appropriate terms of the contract and the charge relates to

 

 

3. In your claim you state that the charges" applied constitutes an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999"

 

 

3.1 Please supply all of the facts relied on by the claimant in support of the contentions in Paragraph 2 above and in particular please identify the contractual provisions that the claimant alleges are invalid by reference to the Regulations.

 

 

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

 

 

I hope that this make sense to some one the Judge did point and accept that the answers would have to be in generic terms as we do not have the exact pricing structure of actual cost incurred by the banks.

 

 

Can anybody help in part or all

 

 

I Have 14 days to resubmit

 

 

Note The next is also a Direction hearing and I hope I can turn it to requesting actual administration cost that are incurred from the banks I think this may turn things.

 

 

Thanks

 

 

StevePm


StevePM

 

If you find this useful please tip my scales

 

First win £5k+ another five on the go all with NatWest

Share this post


Link to post
Share on other sites

I think we should be aware that the CP18 was upheld in my case in small claims therfore we could be looking at a new track for Cobbetts


StevePM

 

If you find this useful please tip my scales

 

First win £5k+ another five on the go all with NatWest

Share this post


Link to post
Share on other sites

help!!

 

am feeling little stressed, received a cpr18 request a little while ago from cobbets which i ignored, but just received letter from court today notifying me that my claim has been transferred to my local court, it also advises me that i will be required to fill in an AQ and then they have included natwests defence and cpr18 request again. having just read a few threads on here it sounds like ignoring request not a good idea. ed's amazing letter is that all i need to sort this out? NatWest have ordered that i respond by may 30th so need to move quite quickly.

 

also when should i expect AQ?

 

grateful for any advice please as this is all new and scary to me!!

 

thanks

 

pinkness76

Share this post


Link to post
Share on other sites

I am claiming over £7000, I understand that this is likely to be allocated to the fast track claims.

I have recieved the CPR 18 from Cobbetts.

 

Am I to respond to the court with this letter (and to Cobbetts?) or is that only relevent to small claims courts?

 

HELP!!

Share this post


Link to post
Share on other sites

I have recieved this letter to this morning and I am worried I have asked for too much money and won't win the case - have you any advise?

Share this post


Link to post
Share on other sites

All three of you stop worrying. Cobbetts have done this to every one.

 

The questions from Cobbetts are in Black the resposes are in Red and Blue

 

The response that we have come with is as follows.

 

 

 

Q1.1 In relation to each charge please identify:

 

A1.1: The information within this direction was supplied within document pack supplied to the Court. However since this has been directed the response to the requested CPR18 can be found below and within the attached spreadsheet.

 

(a) The dates when the charge was charged

A1.1 Date if each occasion when a penalty was charged to the account. It is noted that since the original list was compiled the defendant has seen fit to supply the missing information as requested within the original Data Information Request submitted in December 2006 and re-submitted in February 2007. The information has been gathered from this therefore has necessitated an amendment. This amendment has been highlighted within the spreadsheet.

It is also of note to the court that the original list of charges has been supplied to the defendant on two occasions the last within the Allocation Questionnaire.

(b) The amount of the same

A1.2. The amount of the same, penalty charged to the account, is given within the attached spreadsheet, it is noted that this information has been gathered via information supplied by the defendant (Bank Statements) and readily available to the defendant without this request. It is noted that sine the original submission Claim was submitted the Defendant has seen fit to supply missing information. This information has resulted in an increase of the Claimed to £6,094.86 and interest of £1,793.14 totalling sum £7,888.00.

I would therefore request that the court now accepts that the above be the amount to be repaid by the defendant.

It is also of note to the court that the original list of charges has been supplied to the defendant on two occasions the last within the Allocation Questionnaire.

© the reason(s) given for the charging of the same

The reason(s) for the charges of the same are included individually within the attached spreadsheet. This information was made available to the defendant prior to the Hearing. It is noted that this information has been available to the defendants through their own supplied information (Bank Statements).

It is also of note to the court that the original list of charges has been supplied to the defendant on two occasions the last within the Allocation Questionnaire.

1.2 In respect of each charge, please clarify the following:

(a) is it the case of the claimant the same should not have been charged.

The Claimant is aware that each charge has been debited by the Defendant from the Claimant’s account pursuant to the terms and conditions when the account was opened. However, please see my replies below.

 

(b) if yes; please explain why the claimant contends that the same should not have been charged:

The Claimant does not contend that the same should not have been charged; merely that the charge made should have represented the Defendant’s liquidated losses and not the fixed charges applied by the Defendant according to the terms and conditions in force at the time the charge was made.

© if no; is tit the case of the claimant that the same should not have been charged in this amount

This is exactly the Claimant’s case. Each charge debited by the Defendant from the Claimant’s bank account should not have been charged in the amount that was charged. It is the Claimant’s case that each charge is a disproportionate penalty in that each charge does not truly represent the actual cost to the Defendant. The Claimant reminds the Defendant that it has been put to strict proof in previous correspondence and/or the Particulars of Claim that the amount charged for each charge debited does truly reflect the Defendant’s costs and that they are not making a profit from such charges – in the absence of any documentation to support the Defendant’s contention that each charge debited represents the Defendant’s liquidated losses, the Claimant contends that the Defendant has no defence to the claim that each charge is disproportionate and therefore unenforceable in common law, or by the previously claimed Acts, Statutes and Regulations pleaded.

(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 claimants contends should have been charged

The Claimant cannot specifically reply to this request in that the amount that should have been charged cannot be specified because the Defendant has failed to reply to the Claimant’s request for a breakdown of costs incurred by the Defendant in applying charges to the Claimant’s account. The Defendant’s contentions that the charges are fair, reasonable and transparent are denied because of this material failure to disclose this information. Had the Claimant been made aware of the breakdown of each and every charge debited, the Claimant would have been able to reply to this particular request.

(e) if no please state the claimants case

The Claimant has already stated a case in the Particulars of Claim (or as amended) and repeats the same claims as if they were repeated in this reply. The Claimant also refers the Defendant to the answers.

2 In your claim you state "the charges are an unlawful extravagant penalty".

 

2.1 Please specify whether these charges applied were due to a breach of contract by the claimant.

The Claimant avers that the circumstances giving rise to the levying of charges by the Defendant are all breaches of the provision relating to Operations on the Account and which sets out a mandatory requirement in respect of the maintaining by the Claimant of cleared balances on the accounts. As such failure to adhere to that contractual requirement is a breach of the agreement between the Claimant and the Defendant.

The Claimant further contends that the Defendant is only entitled to be compensated by the amount it would be able to secure in a claim at common law in the event that the Claimant was individually sued for breach of contract by the Defendant. Accordingly the charges that result from the breaches are by their nature are therefore unreasonable and/or unenforceable and/or in terrorum in respect of each and every occasion that they have been debited to all of the Claimant’s accounts.

 

2.2 Please identify in each case the particular breach of contract (by reference to appropriate terms of the contract and the charge relates to:

It is noted that this request is beyond that which is reasonable to request on an “as per item basis”. By agreement of the Court the claimant intends to list by generic terms those section of the Terms and Conditions as laid down.

It is of further note that the response to the above request is based on the current Terms and Conditions of the Defendant dated November 2006, however, it is noted that, when the account was first opened these T&Cs where considerably different in appearance and meaning.

Operations on the account

 

If at any time we receive instructions to withdraw funds from the account where

- there are insufficient funds available to cover the withdrawal, or

- the requested withdrawal would cause an agreed overdraft limit to be exceeded

we may exercise our sole discretion and, without contacting you, either (1) refuse to pay some or all of the item and/or (2) allow an overdraft to be created or allow the borrowing limit to be exceeded (in which case, the new or excess overdraft is an unarranged overdraft).

For the purposes of assessing whether you have sufficient funds available to cover the withdrawal, or whether the withdrawal would cause an agreed overdraft limit to be exceeded, we will look at the cleared balance (plus, where applicable, any unused agreed overdraft facility) on your account at 3.30 pm on the working weekday before we receive the instruction to withdraw funds.

AND

Fees, Interest and Other Charges

 

Fees for operating the account and interest rates and charges payable are charged as detailed in the leaflet 'A guide to Personal Current Account Fees' relating to the account and are subject to review from time to time. If any changes are made, details of the revised charges will be sent to you at least 30 days before the implementation date for the charges.

 

In the leaflet referenced must be considered to form an integral part of the Terms and Conditions. In relation to these charges, it says

 

Unarranged borrowing - interest and fees

Interest

 

We would encourage you to agree an overdraft limit with us so you can avoid any unnecessary charges. If there is not enough money in your account and you have not contacted us to arrange an overdraft limit in advance, we may not allow you to withdraw money. Also we may not be able to pay your cheques, Standing Orders or Direct Debits... We will charge a fixed fee for each item we do not pay.

The Claimant contends that these Terms imply a term requiring that, in the proper running of the Account, sufficient funds (including any agreed overdraft facility) must be maintained in the account to cover withdrawals or the result will be a charge. (It should be noted that this Condition applies even in cases over which the customer has no control, e.g. the paying of a Direct Debit where the payment date and amount are controlled by the payee.)

 

- Further, the Claimant contends that, although these charges are referred to as “Fees for operating the account”, the Term is a clear statement that a charge will be imposed if the customer breaks the requirement that sufficient funds be in the account at the time of any withdrawal. The term itself sets out that the charge arises purely on the occurrence of the event and, as such, is a penalty or default charge rather than a fee for operating the account.

 

Further, the Claimant contends that there is a very strong argument that these charges constitute “disguised penalties” – the OFT report “Calculating fair default charges in credit card contracts - A statement of the OFT's position”, April 2006, says,

“4.21 Attempts to restructure accounts in order to present events of default spuriously as additional services for which a charge may be made should be viewed as disguised penalties and equally open to challenge where grounds of unfairness exist. (For example, a charge for 'agreeing to' or 'allowing' a customer to exceed his credit limit is no different from a charge for the customer's 'default' in exceeding his credit limit.) The UTCCRs are concerned with the intention and effects of terms, not just their mechanism. “

- On overdrafts the current Terms and Conditions say:

 

Overdrafts

 

Overdrafts are available on request ..... We may refuse to pay a cheque (or allow any other payment or withdrawal), which could have the effect of exceeding the overdraft limit. If we do pay a cheque (or allow any other payment or withdrawal) which results in the overdraft limit being exceeded, it will not mean that the overdraft limit has changed, or that we will pay any other cheque (or allow any other payment or withdrawal) which would have the same effect. You agree that if you or any appropriately authorised signatory on the account:

a) formally requests an overdraft limit or an increased overdraft limit and we agree to the request;

or

b) informally requests an overdraft by issuing a payment instruction in any form (e.g. issuing a cheque or making a card transaction on the account) which either through exercise of our discretion to pay the item on presentation for payment or through payment being guaranteed to a third party, results in the account becoming overdrawn when no agreed overdraft limit is in place or which results in the overdraft limit being exceeded;

in either case, this will be treated as a variation to the contract (i.e. not revoking and replacing any earlier agreement) under which overdraft facilities are provided by us. If they arise through exercise of our discretion to pay items presented for payment or through payment being guaranteed to third parties, they will be an unarranged overdraft.

 

The Claimant contends that the word ‘variation’ is another example of the Defendant attempting to disguise penalties and that charges arising because of these contract ‘variations’ are just another form of ‘disguised penalty’.

 

The Claimant refers to the fact that normally contract variations arise because some event or circumstance has arisen during the course of the operation of the contract that was not envisaged at the time the contract was executed. In this case, the Defendant has effectively written a contract variation into the contract. The Claimant contends that this has the effect of making the subject of the variation, namely the ‘informal request for an overdraft’ a breach of the implied contract term that the customer must maintain sufficient funds in the account to cover all withdrawals.

3. In your claim you state that the charges" applied constitutes an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999"

 

3.1 Please supply all of the facts relied on by the claimant in support of the contentions in Paragraph 2 above and in particular please identify the contractual provisions that the claimant alleges are invalid by reference to the Regulations.

 

The Claimant specifically pleads that the charges debited to the Claimant’s account by the Defendant are automatically unfair because, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract (which the Claimant pleads is invalid in any event) to the detriment of the Claimant. “Good faith” (as defined by the Unfair Terms in Consumer Contracts Regulations 1999) means that that the Defendant must deal fairly and openly with the Claimant. The Defendant has not dealt fairly and openly with the Claimant. Further, as the contractual term (i.e. each and every charge debited from the Claimant’s account according to the “contract” entered into by the parties pursuant to the Defendant’s terms and conditions, as well as the terms and conditions themselves) was not individually negotiated and was drafted in advance, the Claimant was unable to influence the substance of the term, making it unfair. In the absence of a breakdown of the Defendant's liquidated losses and/or actual costs of each and every charge applied to the Claimant's account, the contractual term in force at the time of the charge forced the Claimant to pay a disproportionately high sum to the Defendant in compensation for the Claimant’s alleged failure to fulfil his obligation.

 

If the defendant contests this does not amount to a breach of contract the claimant will contest that charges appear to represent an unfair term of contract which is contrary to the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2 (1) (e).The claimants account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. These charges constitute an unfair penalty under reference to paragraph 1(e) of schedule 2 of the said regulations:

Indicative and non-exhaustive list of terms which may be regarded as unfair:

1. Terms which have the object of effect of - (e) requiring any consumer who fails his obligation to pay a disproportio


StevePM

 

If you find this useful please tip my scales

 

First win £5k+ another five on the go all with NatWest

Share this post


Link to post
Share on other sites

StevePM - thank you very much.

However, I understand that the CPR18 in not relevant for small claims courts. Is it relevent to the fast track process, I am aware they have different disclosure?

 

Regards,

 

C

Share this post


Link to post
Share on other sites

It is relavant for all you are directed to do it. I was by the Judge at a Hearing

 

I would be prepared for it anyway

 

StevePM

 

If this was helpfull please tip my scales.

  • Haha 2

StevePM

 

If you find this useful please tip my scales

 

First win £5k+ another five on the go all with NatWest

Share this post


Link to post
Share on other sites

Hi Steve,

 

After initially refusing to reply to Cobbetts CPR 18 request I have now been ordered by the judge to do so. Am I right in just reproducing the document in your previous post?

 

Also, my case has been listed for a Case Management Conference and allocation hearing. Is this normal? If it's happened to anyone before can you let me know if the defence turned up and what happened either way.

 

thanks,

Sarah

Share this post


Link to post
Share on other sites

Sarah

 

Yes reproduce it but do not forget to change name date and Case Number.

 

Since you have been instructed now is the time to submit your own CPR 18 on them.

 

Again you can use what we produced and since you are for allocation and direction you need to get your CP18 in Now

 

Also send the response seperate to your CPR 18

 

and do not forget to copy the court.

 

Note I WON mine

 

StevePM


StevePM

 

If you find this useful please tip my scales

 

First win £5k+ another five on the go all with NatWest

Share this post


Link to post
Share on other sites

Is anyone at similar stage to me? Court hearing just over a week away. Have sent bundles to Cobbetts/Court. Havnt heard anything else from either. Just hoping to hear they will settle before the hearing! Getting a bit nervous now - correct that - VERY nervous! I havnt heard of any claims being struck out at my local court but still wish they would contact me to settle. Does anyone know are Cobbetts in the habit of taking it right to the court hearing date? JG

Share this post


Link to post
Share on other sites

Hi, I must admit to being very confused by all this. I have received a letter from Cobbetts with the defence and a request for further information. What do I do now? All the legalese has my head spinning!

Is there a template letter that I can use or do I really need to go through all my statements again and plead each charge? I have 6 years worth totalling almost £19,000 (including interest).

Help:confused: :eek:

Share this post


Link to post
Share on other sites

thm

stop worrying. They do this to everybody.

1. There are already template responses on the site. If you look under my thread you find most of them.

2. Slap a CPR 18 on them asking them to declare how the chat=charges are calculated and that if they wish to declare theses as Services they must explain exactly what the service is and how the service charges is calculated including but not limited to what is computer generated automatically and what has manual intervention.

 

But above all else do not fold and do not panic

 

Stevepm.


StevePM

 

If you find this useful please tip my scales

 

First win £5k+ another five on the go all with NatWest

Share this post


Link to post
Share on other sites

Just a word

 

I won over £5000


StevePM

 

If you find this useful please tip my scales

 

First win £5k+ another five on the go all with NatWest

Share this post


Link to post
Share on other sites

thanks for support! where can I find these templates? The one I found talks about small claims court, but as my claim is for more than £5000 I had to submit through the county court. Also, how exactly do I slap a CPR18 on them? sorry to be bombarding you with questions like this :o

Share this post


Link to post
Share on other sites

Here is a draft CPR 18

 

case/claim No:

In the xxxxxxxxxx County Court

 

xxxxxxxxxxxx

claimant

-AND-

xxxxxxxxxxxx

 

defendant

 

Request for further information and Clarification

 

NOTE – IMPORTANT

1. This request is served pursuant to CPR Part 18 alternatively to CPR Rule 27.2(3)

2. The reason(s) why this request has been served are set out in the claimants case which has been served on the plaintiff.

3. You are asked to provide a response to this request in accordance with CPR 19 by xxxxxxxxxx 2007

4. In the event that you do not provide an adequate response to this request by this date then the plaintiff can apply to the court for an order requiring you to provide the information requested an order to striking out the Defence.

The Request

The Defendant shall, by the xxxxxxx 2007 thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

The attached schedule lists the charges that the claimant is claiming form xxxxxxxxxx.

1 What is required by the defendant:

i. Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

ii. Whether such charge is accepted to be a penalty, and if not why not;

iii. If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss;

iv. If such charges are not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters showing the basis upon which the charge was calculated and all evidence to show that the charge was fair and reasonable.

 

2. Any witness statements.

3. Copies of decided cases and other legal materials to be relied upon.

 

 

Please tip my scales if you find it usefull

 

Stevepm


StevePM

 

If you find this useful please tip my scales

 

First win £5k+ another five on the go all with NatWest

Share this post


Link to post
Share on other sites

sorry hold on this is in word 2007 let me convert it for you

 

stevepm


StevePM

 

If you find this useful please tip my scales

 

First win £5k+ another five on the go all with NatWest

Share this post


Link to post
Share on other sites

In the xxxxxxxxxx County Court

 

xxxxxxxxxxxx

claimant

-AND-

xxxxxxxxxxxx

 

defendant

 

Request for further information and Clarification

 

NOTE – IMPORTANT

1. This request is served pursuant to CPR Part 18 alternatively to CPR Rule 27.2(3)

2. The reason(s) why this request has been served are set out in the claimants case which has been served on the plaintiff.

3. You are asked to provide a response to this request in accordance with CPR 19 by xxxxxxxxxx 2007

4. In the event that you do not provide an adequate response to this request by this date then the plaintiff can apply to the court for an order requiring you to provide the information requested an order to striking out the Defence.

The Request

The Defendant shall, by the xxxxxxx 2007 thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

The attached schedule lists the charges that the claimant is claiming form xxxxxxxxxx.

1 What is required by the defendant:

i. Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

ii. Whether such charge is accepted to be a penalty, and if not why not;

iii. If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss;

iv. If such charges are not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters showing the basis upon which the charge was calculated and all evidence to show that the charge was fair and reasonable.

 

2. Any witness statements.

3. Copies of decided cases and other legal materials to be relied upon.


StevePM

 

If you find this useful please tip my scales

 

First win £5k+ another five on the go all with NatWest

Share this post


Link to post
Share on other sites

this is not good blame MS give me 5


StevePM

 

If you find this useful please tip my scales

 

First win £5k+ another five on the go all with NatWest

Share this post


Link to post
Share on other sites

IN THE XXXXXXXXXX COUNTY COURT

 

XXXXXXXXXXXX

CLAIMANT

-AND-

XXXXXXXXXXXX

DEFENDANT

 

 

REQUEST FOR FURTHER INFORMATION AND CLARIFICATION

 

NOTE – IMPORTANT

1. This request is served pursuant to CPR Part 18 alternatively to CPR Rule 27.2(3)

 

2. The reason(s) why this request has been served are set out in the claimants case which has been served on the plaintiff.

 

3. You are asked to provide a response to this request in accordance with CPR 19 by xxxxxxxxxx 2007

 

4. In the event that you do not provide an adequate response to this request by this date then the plaintiff can apply to the court for an order requiring you to provide the information requested an order to striking out the Defence.

 

The Request

The Defendant shall, by the xxxxxxx 2007 thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

The attached schedule lists the charges that the claimant is claiming form xxxxxxxxxx.

1 What is required by the defendant:

i. Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

ii. Whether such charge is accepted to be a penalty, and if not why not;

iii. If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss;

iv. If such charges are not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters showing the basis upon which the charge was calculated and all evidence to show that the charge was fair and reasonable.

2. Any witness statements.

3. Copies of decided cases and other legal materials to be relied upon.


StevePM

 

If you find this useful please tip my scales

 

First win £5k+ another five on the go all with NatWest

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...