Cobbetts Filed Defence, Help Needed!!

[dollysplodge]

This morning i have recieved cobbetts defence please would someone just let me know if this is standard or have i missed something out? many thanks.

 

1. This defence is filed and seved withour predjudice to the Defendants case that the particulars of claim do not siclose reasonable grounds for bringing a claim against the claimantto recover the bank charges and interest refered to in the particulars of claim and any other sums. In the event that the claim is not prperlay particularised then the defendant will apply to strike out the claim and/or for summary jusdgement in respect of the same.

 

2. On allocation the defendant invites the court to direct that there be a case management conference in order for the court to comsider the making appropriate orders to give tha claiment the opportunity to properly particularise the claim.

 

3. No admissions are made as to what charges have been debited to the claimants bank account.

 

4. In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are unenforceable by virtue of the unfair contract terms act 1977 ("UCTAv 1977") and/or the unfair contract terms in consumer regulations 1999 (the regulations) and/or the common law, claimant is required to identify:

 

4.1 a) the sections of the unfair contract terms act 1977 (UCTA 1977)

b) the regualtions of the unfair contract terms in consumer regualtions 1999 (the regualtions) and C) the princinples of common lae relied upon by the claimant in alleging that the contractual provisions referred to are unenforceable; and

 

4.2 the contractual provisions that the claimant alledges are invalid by reference to UTCA 1977 and/or the regualtions.

 

Until such time as these sections/regulations/provisions ar identified the defendant cannot plead t the allegation referred to in paragraph 4 above. The defendant therefore reserves its right to plead further to the allegation onece and if the claimant identifies the relevent contractual information.

 

5. save as hereinbefore appears the defendant joins issue with the claimant on the claim and denies that it is liable to the claimant aws alleged or at all.

 

so have i missed something out or is this just a scare tatic? Please help

am most upset and not sure as to what i have done wrong. I have copied the particluars of claim as your instructions, attached a schedule of charges and copies of all bank statements.

not sure what to do next.

[hagenuk]

This is a perfectly standard response. You have nothing to fear, your claim is progressing as it should. Keep reading this forum, many people have received an identical defence. You will shortly be receiving an Allocatation Questionnaire from the court, when you do, look here for details on completing that.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Above all, DON'T WORRY, it is all moving along as it should.

[reesdance1]

hi dollysplodge im just a few days behind you on my claim,and am awaiting a response similar to yours in the next day or two. chest out and best foot forward i say and lets go for it,i will be keeping posted on your progress .....goodluck petal:)

[dollysplodge]

thanks so very much for the quick responses, it is muchly appreciated!!! It is daunting when you do not have the law expertise yourself because all these big words etc they use are just baffling!! Its just great to have someone to say "its ok its normal" and to know other people are at the same stage. So thank you for your support. Am keeping head held high!!! lol:)

[wehavetheright]

Hi Dolly, looks like we're in the exact same time line - I just got the exact same defence dated 01 Feb 07 -- see my thread here and the very helpful responses -

http://www.consumeractiongroup.co.uk/forum/natwest-bank/63220-wehavetheright-natwest-defence-filed.html#post536450

[dollysplodge]

Hi all just a quick update have recieved the old AQ today so will be filling it in asap. Just one question though if anyone knows, at the begining when i first took my claim to court i had to fill in the N1 for as i was exempt from paying the cost, now i have the AQ do i fill in another N1 and claim the £100 needed to return the AQ to court? Anyone? p/s forgot to mention have changed the title, thought it more appropriate!!

[hagenuk]

You will have filled in an N1 to make your claim and an EX160 to file for an exemption or remission.

 

You will need to complete and file another EX160 in order to waive the fee for the AQ.

[dollysplodge]

Hi just another quick question, my AQ says it is a n150 and i notice some others get a different one. My claim isn't over the £5000 so why is mine any different?

[hagenuk]

The N149 is specifically for small claims, the N150 is for small claims and above, therefore many courts have taken to issuing N150's only - or it may be that they have run out of N149 forms....

 

It is perfectly normal however, to get an N150.

[dollysplodge]

Hi thanks for that. I thought it might be something like that, but i wasn't sure.

[dollysplodge]

Hi all just a quick update and question. I have filed the AQ at the court and i was reading on other posts that are at a similar stage to me, and i notice that some people have had a cpr18 from Cobblers and/or an offer. I have had nothing other than the defence filed by Cobblers and then the AQ from the court, has anyone else had this, just seems i have been overlooked or have done something wrong. If i have done something wrong then could i redo the whole process or is that it??

[marcie63]

Hi dollysplodge,i have had exactly the same as you and apparently this is quite normal.

[dollysplodge]

Thanks Marcie63, it is a bit strange not having this cpr18 like everyone else, but i think i will put it down to my paperwork being complete.....a compliment perhaps!! But i dont think Cobblers will like that lol

[marcie63]

Hi ,just wondering how far you have got,as i think we may be at the same stage.

Maria.