Moderator Please help - RBS Claim

[panorman]

Hi there,

 

I would really appreciate it if you could help me.

 

The district judge has ordered that I respond to the request of the defense which was worded as follows:-

 

'in your claim, you state that the charges are "unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulation 1999, the Unfair Contract Terms Act 1977 and the common law".

 

Please specify all of the facts relied on by the Claimant in support of the contentions 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")

© the principles of common law relied upon by the Claimant in alleging that teh 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'

 

Please could you help with the respone as I don't know where to go from here. I think this is the very last stage before a court date is decided by the judge so I really want to get this right!

 

Finally, I thought I made amendments to the particulars of the claim when the last information request was communicated to me (asking for more detail on the charges). I filled in a N244 form and attached a new schedule of charges, but the judge has ordered that:-

 

"the claimant has permission to file amended particulars of claim as a response to his application dated 18th December 2006" - this was the date that I filled in the N244 stating that I wanted the particulars to be changed, so I thought I had already done what was needed??

 

Any help will be gratefully received

 

Many thanks

 

Rgds

[PKea]

Have you sent in your court bundle?

YOu usually put these documents in your bundle

[Glenn UK]

PAnorman do you have a copy of your particulars of claim posted anywhere i,e in your own thread ?

 

It seems to me that you haven't particularised the claim fully and thats what the court are inviting you to do as well as satisfying the defendants enquiries.

 

This doesnt have anything to do with your court budnle imho.

 

Glenn

[panorman]

Thankd for the responses...

 

I do not have the original particulars at hand, but I got them from a previous application on here. I believe that RBS are just trying to intimidate me and confuse matters. However, I really need to answer the questions that I originally posted i.e points a, b or c so that I can inform the court and RBS before the deadline on Friday.

 

Many thanks!!!!

[Glenn UK]

Thankd for the responses...

 

I do not have the original particulars at hand, but I got them from a previous application on here. YOU DO HAVE A COPY SOMEWHERE DON'T YOU THOUGH?

 

I believe that RBS are just trying to intimidate me and confuse matters. Definitely

 

However, I really need to answer the questions that I originally posted i.e points a, b or c so that I can inform the court and RBS before the deadline on Friday.

 

Have you looked in the FAQs and step by step guide its all set out in there i think. i have to go look up the specific clauses and i suspect others may have to as well.

Although i said this isn't anything to do with the court bundle, if you download the bundle a lot of its in there.

 

Many thanks!!!!

 

HTH

 

Glenn

[pinksnowdrop]

hi im having similar problems - it would appear that we have got the same letter from the rbos solicitors about amending particulars of claim - im not sure whether i need to do this as I thought the content of my claim was ok!

 

i think they are just trying to intimidate but im going to get some free advice all the same from CAB! Please let me know how you get on as ive been getting very worried about all this!

[Glenn UK]

If they are asking chances are your particualrs of claim are not adequate, i suggest that you have a look at the template in the library for completion of the N1 and compare that with what you posted.

 

also i would suggest starting your own thread and positng you poc and a copy of what you hasve been sent.

 

Then if you want you can either post a link or pm me or anyone you want to and they will comment for you.

 

HTH

 

Glenn