Help Needed Rfq!! Panicking Now!!

[dobster]

Hi I hope someone out there can help with this, I received this from the Court this morning, Cobblers have already made me an offer last week of £1100 ( Natwest owe me £1990.04 plus court fees) and I rejected it...the last day to settle is 17th Jan, so I need to know whether to write back asap to Cobblers and accept their offer after all....much bum twitching occuring today!! Just to note that I have not received a court date as yet, filed my AQ on 21st Dec. Sounds to me like the court has got it in for me, never mind Nat West...help!!! What do I do?!!! My POC was pasted in from this site as were all the reply letters that I needed to send...here's the letter anyway...

 

IT IS ORDERED THAT

 

1. The claim be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts. (Stylised particulars do not constitute compliance.)

 

2. The claimant must amend or substitute its particulars of claim setting out the claimants case in plain English by 4.00pm on 29th January 2007 and in default, the claim be struck out without further notice.

 

If the above order is complied with the Defendant has permission to file and serve an amended defence in accordance with CPR 16.5 setting out its case in plain English.

 

2. This order was made without a hearing. Any party affected by it may apply within 7 days of service for it to be set aside, varied or stayed.

 

Dated 10th January 2007:-x

 

So there you have it....any ideas anyone? Deal or No Deal?!!!!

[chuck2001]

Can you post what you included in your POC.

Did you file at court or online via MCOL

 

 

Chuck

[The cobbett slayer]

Dobster

 

You are right to be concerned - this isn't a tactic I have seen from the courts before.

 

As Chuck says, can you post EXACTLY what was in your POC so we can examine it throughly.

 

Keep calm - you have 14 days to sort it out. It's not all over by any means.

 

Paul

[dobster]

Hi thanks for replying quickly...I think I may have muffed up, I have only just noticed that the total amount of charges on my POC include the 8% interest of 281.04. The interest is also detailed on the POC presumably to be added on top. This is incorrect on my part, should the charges on the POC be £1709.00 plus the interest? ie. £1709 + £281.04 = £1990.04? Maybe the judge is asking me to amend this? What do you think? Here's the POC details anyway...

 

1. The claimant has an account ******** with the defendant opened Dec 2002. 2. Since 20/2/03 the defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends (a) the charges exceed the defendants losses caused by the breaches (b) the term permitting the defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £1990.04: (b) interest per S.69 County Courts Act 1984 of 8% - £281.04 continuing at 8% until judgement or settlement at a daily rate of £0.44; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Suppy of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

I hope that if it is my rubbish maths that I have muffed up, then I will be able to amend this? Do you think this is the issue? Thanks again!!!!:-|

[dobster]

Chuck...

 

I filed my claim with MCOL but it is now with Hitchin County Court, please see my reply to The Cobbett Slayer re the POC details...maybe you can help me out on what I need to say to the court and if you think its my maths that the judge is questioning...can't believe I muffed the form up...bah!! Hope I can amend this with the Judge!!

 

Hope to hear soon from you...

[dobster]

Hi all...

 

Is it worth me ringing Cobbetts and sorting out a settlement figure over the phone? I would rather have something out of them than the judge throw it out and get nowt...don't know what to do on this...wish I hadn't taken on this mission!!!

[The cobbett slayer]

Andy

 

If no one else gets back to you sit tight till tomorrow. I think I can see the problem but I want to spend more time reading it through.

 

I'm in court on Wednesday so I'm a bit preoccupied but I'll try and give you an accurate answer tomorrow.

 

Paul

[The cobbett slayer]

Im going to bump this for you Andy as I'm a bit busy and someone else might be able to have a look at it for you.

[Michael Browne]

I don't see this as a major problem ( famous last words!!! lol)

 

Your POC's basically comply with CPR 16.4. given the space limitations on MCOL. See here:

PART 16 - STATEMENTS OF CASE

 

Anyway the judge has given you the opportunity to submit a much fuller statement of case. See here:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

 

These are templates and you will need to amend the details and delete or add where necessary.

[dobster]

Michael...

 

Thanks for the info, we managed to cobble something together fairly similar to this info from stuff on this site and got it off in the post to the court today cc'd to Cobblers...is it likely that having had an offer from them of just over half last week, we will get the full settlement in the post shortly? It seems to be the way of things generally, but knowing how my luck runs, it won't happen for me!! Will Cobblers sniff victory having received a copy of the court letter requesting POC amendment and hold out for court? I was under the impression that it isn't worth their time and effort to have to attend court when they can pay up in full for such a small(ish) amount? Is this the case? It's all very worrying and I can see exactly why people bottle it and take their 1st offer to avoid all the grief...I, however, am made of sterner stuff....QUITTERS NEVER WIN AND WINNERS NEVER QUIT!!! There, thats that out of my system!! Hope to get more good advice from you soon...Cheers!!!