Had enough - can't do it, won't do it

[Destinyofsouls]

Hya all

 

As far a stupid people go, I take the biscuit. My sister and her OH wanted to reclaim. They have no PC so I said

 

" I'll do it for you, I have a PC "

 

Famous last words- it has run me to the ground

 

I didn't start a thread as I foolishly thought all the answers I can find trawling through the posts. I have spent the last 24 yrs of my life now doing this whilst they sat back to enjoy the fruits of my labour. Well I received Cobblers defence today and after spending another 12 yrs trawling, I have decided that it's time to reach for the Bob Martins. I haven't got a clue what to do! ( Wasn't that lyrics from an old sweet song?)

 

Anyway, if there are any good people out there to help here is the story

27/11/06 Claim for £ 1082 + 150.08 O/d int on charges

11/12 LBA

24/12 N1

After ackn. - defence came today as follows:

1 The Particulars of claim do not disclose reasonable grounds fro bringing a claim against the Claimant to recover the bank charges referred to in the POC. In the event the claim is not properly particularised then the defendant will apply to strike out the claim and/or summary judgment in respect of the same. Have I muffed it?

2 Limitation act garbage.

 

3 On allocation the defendant invites the court to direct that there be a case man. Conference in order for the court to consider the making of appropriate orders to give the claimant the opportunity to properly particularise the claim. What does this mean?

 

4 No admissions etc…

5 In order for the claimant to sustain a claim they will need to prove (a) the clause pursuant to which the charges were applied ( Which is this?)

(b) The charges were applied due to a breach of contract by the claimant and © identifying in each case the particular breach of contract ( by reference to appropriate terms of the contract) that the charge related to. ( Does this mean I need T&C’s of the account?)

As presently the claim does not plead these matters and therefore does not disclose reasonable grounds for bringing a claim that all the charges have been applied pursuant to an unenforceable penalty clause.

 

5.2 Until such time as the claimant pleads the matter to in paragraph 5. above the defendant is unable to plead to the claim and therefore at this stage denies etc…

6.. The claimant is required to identify:

(a) the sections of the UCTA 1977

(b) the regulations of the Unfair contract terms in consumer regulations 1999 and © the principles of common law relied upon by the claimant

 

6.2 The contractual provisions that the claimant allege are invalid by reference to UCTA 1977 and /or the regulations.

Until such time the regulations /provisions are identified the defendant cannot ( save as below)plead to the allegation referred to in paragraph 6 above.

7 In relation to the case of claimant that the charges must be reasonable within the meanings of section 15 of the Supply of Goods and service Act 1982 the defendant pleads as follows

 

7.1 The claimant is required to plead and prove the necessary factors referred to in section 15 SGSA) concerning the contract between the claimant and the def. Which means pursuant to SGSA15 there is an implied term that the claimant pays a reasonable charge for the service under contract.

 

7.2 Further the claimant is required to plead and prove (a) that the bank charges that have been debited are unreasonable (b) all facts and matters relied upon by the claimant in support of this case and © what charges would have been reasonable ( nothing, bl**dy nothing)

7.3 In the circumstances no grounds are disclosed for a claim that the defendant has asted in breach of SGSA section 15.

7.4 In the circumstances ( save as below) the defendant is unable to plead to this allegation beyond denying it has acted in breach of section 15 SGSA . The defendant reerves its right to plead further to this allegation once the defects in the pleaded case referred to in Paras 7.1 to 7.3 are addressed.

 

7.5 It is the case of the defendant that the contract between the Cl & the Def does not fall within SGSA section 15 because (a) the consideration for service would be determined by the contract between the cl & Def. And (b) was not left to be determined in a manner agreed by the contract or determined by the course of dealings between the Claim. & def.

 

Now what do I do???

This was the POC

 

PARTICULARS OF CLAIM

 

 

 

1. The Claimant has an account ("the Account") with the Defendant which was opened in 2001

 

2. During the period in which the Account has been 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. Accordingly the Claimant claims:

 

a) The return of the amounts debited in respect of charges in the sum of £ xxxxxx and overdraft interest thereon of £xxxxxx

 

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

6. 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).

 

S/sheet was sent with every letter and with the N1. Do I need to do anything now? Do I send in more information? Do I acknowledge the defence to Cobblers?

Any help anyone???

[Destinyofsouls]

And when do the court bundles get sent in?

 

Please help, I am panicking now. I don't want to mess it up for them, considering I was so confident I could do it for them.

[gizmo111]

Read here http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

 

and have a read through the threads to see how nat west usually conclude a claim. No need to worry about bundles at this stage.

[Destinyofsouls]

Hi Gizmo,

Not been asked for CPR 18, only got what's above

[fire fox]

Ok destinyofsouls, first stop panicking as you havent done anything wrong. Their defence is asking you to plead matters of law which the judge in my case was not happy about. They havent submitted a defence as such, just turned it back to you with a list of questions. Have you had a notice of allocation to the small claims track yet?

[Destinyofsouls]

Hi Fire fox

 

Yes the N149 just came this morning. Sorry for the late reply, I am only here 9am - 6pm

 

Thanks

Destiny

 

Do I need to send a more detailed POC in to Cobbs & The court?

[Destinyofsouls]

Yes the N149 just came this morning. Sorry for the late reply, I am only here 9am - 6pm

 

Thanks

Destiny

 

Do I need to send a more detailed POC in to Cobbs & The court?

Anybody help please?

[Destinyofsouls]

anyone at all please?

[Destinyofsouls]

bump

[Destinyofsouls]

I was thinking of puttin summat along the lines of this with the AQ in other info

In respect of my claim, I would respectfully ask the court to consider the attached order.

 

There is now a wealth of evidence that the Banks are reluctant to pursue any defence of the claims of their clients against unfair bank charges, thus abusing and wasting valuable court time and resources.

Also attached is a list of cases of the bank filing a defence for this type of claim and yet settling the claim before the court hearing.

Until they are in a position to reveal all to the courts, I would hope that the Honorable Judges at the Court would take note of this information in bringing a speedy conclusion to claims that they are dealing with.

order:

Claim Number xxxxxxxxxxxx

Bill Gates - v – National Westminster Bank Plc

General Form of Judgment or Order

 

 

Upon the courts own motion. The court has made this order of its own initiative without a hearing.

 

IT IS ORDERED THAT

 

 

1/ The court of its own motion is considering striking the Defence in this action as an abuse of process

 

2/ The basis for this is the fact that the Defendant is settling all claims of this nature where claimants are seeking the reimbursement of bank charges, with no claims proceeding to a contested hearing

 

3/ The court considers the authority of Mullen-V Hackney London Borough Council (1997)2 A11ER 906 relevant

 

4/ If the defendant objects to the proposed strike out it is ordered to file within 14 days of this order a schedule setting out all claims of this type in England and Wales which have proceeded to a final contested hearing, and the outcome of such hearings, together with a schedule of all such claims which it has compromised before final hearing, after proceedings have been issued

 

5/ Upon receipt of any such objections the court will consider listing the claim for an on notice hearing of the strike out issue

 

6/ In the absence of any such objections being filed in time, the defence herein will be struck out and entered for the amount claimed, together with the appropriate costs claimable on the small claims track.

What does one think?

 

 

 

 

 

 

 

 

[Destinyofsouls]

OK well thanks, I get the message. I'll try another site

[Guest Mumofthreeboys]

Why don't you calm down a bit. The reason nobody has replied is probably because you have nothing to worry about.

 

Can you post your POC's here for people look at.

[bankoftoon]

Destiny

 

I think that 'Mum' is right

 

seems that a lot of the site helpers only post in the evenings - i however post on my company's time!

 

please be patient, this whole thing is a waiting game, and this site is v good (IMHO)

 

Sod

[Destinyofsouls]

Why don't you calm down a bit. The reason nobody has replied is probably because you have nothing to worry about. That maybe right, but until I get an answer, I don't really know that do I? This is the last bloody claim I do for anyone!

 

Can you post your POC's here for people look at.

Posted above in number 1 post

[cooxie]

I dont think you need to respond to the defence, just acknowledge receipt. It looks much the same as mine did.

I filled in the Allocation Questionaire and attached the Draft Order for Directions, (you can find it in the General section I think) send a copy to Cobbetts and wait patiently.

My AQ had to be in by 19th Feb and ten days later I recieved a cheque in full.

So try not to worry I dont think it will be long now.

[Destinyofsouls]

Thanks cooxie., appreciate your help.

Is it necessary to send cobblers one though? it just didn't say anything on the forms to do that. Does the court not send them a copy?

[cooxie]

No I dont think its necessary but it will show that you have attached the draft order, cant hurt can it?

[Destinyofsouls]

No you're right thanks. Have a good weekend