they want to defend now im stuck

[gotthisfar]

hi all

put in my n1 form all paperwork etc got a letter back saying they are going to defend the claim god i dont know what to do now.the claim amounts to nearly £2000 can any one please advise as to my next step.it would be much appreciated

thanks

neil

[gizmo111]

Hi,

 

This is completly normal procedure for Nat West - they now have an extra 14 days to file a defence - which they wil ldo on the last day. Use the time you are waiting for the next stage to read the forum, especially the Nat West successes to get a picture of how your claim is likely to proceed/ Keep this thread updated and we can support you along the way.

 

Good Luck

[Bigmac versus]

Keep focused they are scare tactics, dont let them bully you, watch for the postman with your cheque.

 

Which bank?

Is your claim within the last six years?

Had your AQ yet?

[madvillain]

These are exciting times, I have just embarked on this stage having made claim on-line this evening. There are a lot of experienced people on the forum, have a read-up as advised and post your enquiries to fill in any gaps. You'll get all the help you need. All the best and look forward to reading about your success.

[gotthisfar]

thanks gents/ladies

do i need to send off anymore paperwork ive got or inform the courts what ive recieved saying natwest are defending,ive got a letter from that firm of solicitors cobbetts in manchester,but i dont understand if i need to reply to them or the courts or wait for forms from the court to be sent to me .

[gizmo111]

What does the letter say?

[gotthisfar]

hi all

just to keep you all updated letter i recieved this morning

 

the defendant filed an acknoledgement of service on 22nd jan 2007

the defendent responded to the claim indicating an intention to defendall of the claim.

the defendant has 28days from date of service of the claim form with particulars of claim,or of the paticulars of claim,to file a defence.

The acknoledgement was filed by the solicitors acting for the defendent who have given the following name and address for service of documents

cobbetts solicitors

ship canal house

king street

manchester

m2 4wb.

 

that letter came this morning.also previously nat west offered me £544.00 as a good will gesture which i turned down and told them id be pursuing them for the full amount.

[chuck2001]

Looks like your doing ok, just need to sit tight and wait to recieve Allocation Questionaire.

 

Chuck

[gotthisfar]

thanks chuck just hought id dug myself in a hole i couldnt get out of.

neil

[gotthisfar]

hello chuck

thanks for your help.recieved a patronising letter from cobbetts it all seems gobbledigook to me.recieved 2nd feb i quote

1 the defence is filed and served without predjudice to the right of the defendant to apply for summary judgement in respect of and/or to strike out the paticulars of the claim.

2 without prejudice to the non addmission set out in the foregoing para if and to the extent that the claimant proves thre allegation etc etc

so it goes on i dont even understand it.

basically do i just need to wait for the court questionaire

thanks for your help everyone so far

neil

[gizmo111]

hello chuck

thanks for your help.recieved a patronising letter from cobbetts it all seems gobbledigook to me.recieved 2nd feb i quote

1 the defence is filed and served without predjudice to the right of the defendant to apply for summary judgement in respect of and/or to strike out the paticulars of the claim.

2 without prejudice to the non addmission set out in the foregoing para if and to the extent that the claimant proves thre allegation etc etc

so it goes on i dont even understand it.

basically do i just need to wait for the court questionaire

thanks for your help everyone so far

neil

 

Is there anything in there that mentions they are embarassed by the particulars?

[gotthisfar]

yes there is it says words to the effect i dont know what im doing etc etc still not got court questionaire though.

[gizmo111]

yes there is it says words to the effect i dont know what im doing etc etc still not got court questionaire though.

 

Can you post your POC here?

[gotthisfar]

sorry for my ignorance gizzmo whats poc

[gizmo111]

sorry for my ignorance gizzmo whats poc

 

Particulars of Claim - what you actually submitted on claim form to court.

[gotthisfar]

thanks gizzmo

please excuse my naivity i should have known that.basically it was the template letter off here. then i put in my totals £1719.92 plus £137.60 intrest total sum of £1857.52.

on the court form poc i said excessive bank charges.

i also added on the £120 court fee in the appropiate box.

on the poc form i kept it brief.

thanks for your help gizzmo.

have i screwed up .

[Michael Browne]

You are going to have to amend your claim via form N244;

Form N244 - application notice

 

 

With regard to the N244 -

Top left hand box:

1. Tick c), without a hearing

Leave the rest blank

Part A

intend to apply for an order that:

amends my particulars of claim

because:

my particulars of claim did not state the statutory provisions on which my claim relies,

Part B

Tick evidence in part c

Part C

Please find attached to this application my proposed new particulars of claim, amended to include the statutory provisions on which my claim relies ,

 

 

Send N244 + 3 N1 + 3 schedules + £35 fee to the court. They will send 2 back, 1 of which you serve/send to the defendants and confirm to the court that you have done so.

 

N1 PARTICULARS OF CLAIM

 

1. The Claimant [has] [had] an account (XXXX Account No) with the Defendant which was opened on or around Date [and closed on or around date]

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. 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.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by 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 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 is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982.

6. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £XXXX and any interest charged thereon;

 

b) Court costs;

c) Interest pursuant to S.69 County Courts Act 1984 of 8% as set out on the attached list of charges - £xxx [enter interest total at date of claim] continuing at 8% until judgement or settlement at a daily rate of £0.xx.

[gotthisfar]

thanks very much michael

but im not sure which bits i have ammend because i dont know where ive gone wrong.i know im stupid but i didnt think it would get this far but im still going to pursue.

once again thanks all for your help.

neil

[Michael Browne]

but im not sure which bits i have ammend because i dont know where ive gone wrong

Well nor do I. But based on this:

on the poc form i kept it brief

I assumed that you didn't fully partcularise your POC's You were asked to post your POc's but haven't done so.