What do I do next please?

[SuJ]

I received a letter today from cobbets saying I have not 'shown reasonable grounds for bringing the claim' and that they will be asking the court to strike out the claim 'Puruant to CPR Part 3.4 (2) (a)

 

What shall I do? Do I just send another set of schedules of charges to the court and Cobbetts?

 

Please help

Thanks for your time all

[SuJ]

Cobbetts sent me a letter saying I have not produced evidence to prove that I hvae ' reasonable grounds for bringing the claim', Pursuant to CPR Part 3.4 (2) (a)

 

what do I do? Shall I send another set of schedules to them and the courts?

[Advoc8]

Can you please set out what stage things are at?

 

Have you had a defence?

 

Have you had a part 18 request from Cobbetts?

 

Which track has your claim been allocated to?

 

Have you had any directions from the court about what documents you need to supply and when (e.g. when to send a bundle)?

 

(will need more details but what exactly depends on your answer to the above)?

[Advoc8]

Please see SuJ's other thread...

[Parkvale]

Power to strike out a statement of case 3.4 (1)In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2)The court may strike out (GL) a statement of case if it appears to the court –

(a)that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b)that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

©that there has been a failure to comply with a rule, practice direction or court order.

 

Does this help you ? This is the part of CPR cobbetts are trying to scare you with. If you have done everthing as per the http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html.You you have nothing to worry about.

[SuJ]

I have a court date this month for cardiff, which I found odd because I am also taking on Barclays and I have been given exactly the same time and date . It is the small claims court as it is just under £5000. I don't recall ever having a Part 18 request.

It has all been going on for so long I'm doubting myself, but I've followed the same steps for three banks, I won against Halifax, they paid up before it went to court, I've heard nothing from Barclays, but am getting these threatening letters from Cobbetts.

[gizmo111]

Can you post your POC here

[SuJ]

This is my POC, it is the same as I used for ny other two claims too.

 

Re-claiming unfair bank charges imposed in

the last six years. The claimant claims

interest under section 69 of the County

Courts Act 1984 at the rate of 8% a year

from date when the money became owed to me

to 3/11/06 of £ 3941.00 and also interest

at the same rate up to the date of judgment

or earlier payment at a daily rate of 8%

 

If this is insufficient does that mean I will lose this claim?

[Advoc8]

It depends how closely they're looked at - they are extremely vague. If Natwest/Cobbetts are on the ball and looking to delay or apply to strike out you may have to expand on them.

 

Have the other two claims gone through yet?

 

I'd just sit tight for the moment and see how things unfold.

[fendyweather]

Do nothing unless the court asks you to resubmit the POC or to amend it or whatever. Cobbets can ask for whatever they like from you but you dont have to provide it unless the court asks you to. Sit tight for now and see if any directive comes back from the court. Fendy xx

[SuJ]

Thanks so much for replies, its made me a little less panicked! My HAlifax claim has been settled in full, I am still awaiting an answer from Barclays, although I have had a few answer-phone messages from their litigation dept, but haven't heard from them for few days now. The Barclays claim is set to be heard in the same court at the same time and date as Natwest, so they are at the same stage.

Here is what the letter from Cobbetts says :

'Pursuant to CPR Part 3.4 (2) (a), the Defendant would ask the Court to strike out the claim. The Claimant has not shown that he has reasonable grounds for bringing the claim and despite the Defendant requesting that the Claimant remedy the lack of particularity pleaded in the particulars of Claim within 14 days, the Claimant has failed to do so. The Defendant therefore respectfully requests that the claim be struck out.

In the alternative, the Defendant would request the Court to order that unless the Claimant serves fully pleaded Particulars of Claim within 14 days of service of an order of the Court, the claim be struck out . Should the Court be minded to grant such an Unless Order, the Defendant would also request permission to amend, file and serve its defence within a period of 14 days of receipt of the Claimants Particulars of Claim and for the matter to be referred back to the District Judge for further directions once the amended Defence has been filed'

[gizmo111]

This is my POC, it is the same as I used for ny other two claims too.

 

 

Re-claiming unfair bank charges imposed in

the last six years. The claimant claims

interest under section 69 of the County

Courts Act 1984 at the rate of 8% a year

from date when the money became owed to me

to 3/11/06 of £ 3941.00 and also interest

at the same rate up to the date of judgment

or earlier payment at a daily rate of 8%

 

If this is insufficient does that mean I will lose this claim?

 

 

It is highly likely that Cobbetts will ask for this claim to be struck out as it has no legal basis. I suggest that you file a N244 withthe amended POC from here. This will cost you £35 which you cannot reclaim.

 

It would be wise to do this with your other 2 claims also.

[SuJ]

Thanks I'm doing this as we speak, I have checked my other claim and it is much clearer, Halifax have paid up so I can forget about them.

 

Please help my calculations...I'm not really as thick as I seem honest, I'm just scared to get anything wrong!!!

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day {(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day) }OR at such rate and for such periods as the court deems just.

 

my Charges total 3941.09 and interest is 1115.03

[Advoc8]

If the interest figure you've given is your overdraft interest caused by the charges I make the daily rate for the s.69 claim to be £1.11 per day.

[SuJ]

Fabulous!!! Advoc8 you are a marvel thank you so much for your help, I'll be sending these docs off first thing tomorrow. Thanks again

[Advoc8]

Don't thank me, just thank my calculator :o Hope all goes smoothly.

[SuJ]

well all done and sent off, and even better news, letter arrived on saturday morning from Barclays, they have paid up in full, so it's just Nat West to go now.

[Caz1974]

Well done with Barclays SuJ !!! hang in there you're doing great.

[SuJ]

Good morning all,

I've just been woken up by the post man holding a recorded letter from NatWest! it reads:

'Please find enclosed a cheque for £3132.37 in accordance with the terms and conditions agreed with Cobbetts.

I would ask you to confirm to the court that the proceedings are to be discontinued....'

 

Although I feel very triumphant, the amount is well short of the asking amount with no interest or court fees included.

 

The biggest problem is that the court date is monday, HELP!

I'm not happy just to take this as we haven't actually agreed anything with Cobblers!

[Guest Mumofthreeboys]

How much is the full amount?

 

By sending you this cheque they are hoping to panic you into accepting as your court date is on Monday - don't let them.

 

You should ring Cobbetts and tell them you will only accept the full offer as you have said in all your letters or you will be meeting them on Monday.

[fendyweather]

Yaaaaaaaaaaaaaaaay, be brave, be polite, but bold. PICK UP THAT PHONE AND DO WHAT YOU SAY YOU ARE GOING TO DO. THEY WONT WANT TO TURN UP MONDAY. GUARANTEED. Fendy xxxx

[SuJ]

Thats what I wondered, I wasn't sure whether I should ring the number on the letter for the litigation dept or cobbetts. The full amount, before any interest is £3941.09, interest on overdraft is £1115.03 thats all before the 8% interest on top. It's quite reassuring though isn't it, they are willing to pay this much just to get out of going to court.

[SuJ]

Well the normal post has now arrived, with a letter from Cobbetts. It sets out what they are paying back and what they are mnot, it actually makes sense so I'm going to accept this amount I think. There were a few charges on the statements which were vague and they have been explained.

'The letter does make me laugh though, ' Our Client considers that your challenge to its charges would fail in court. Our Client believes that its charges are fair, reasonable and transparent.......as such, our Client does not believe that your claim has any prospect of succeeding.'

 

It goes on for another three pages, basically saying tghat it is a 'goodwill payment' and that it is on the understanding that I do not tell any third parties about it (Oops) and that they can charge me anything in the future (shame I don't have that account anymore) and if I don't accept they will close my accoutn (again I don't have thios account anymore)

 

I half want to take them to court!

 

I want to thank all on this forum for help, I have successfully claimed against three of the big banks and I couldn't have done it without all the help. Good luck all taking them on and don't give up it's worth it in the end!!

[fendyweather]

Well done. So long as YOU are happy with the final result. Doesnt matter what any of us would do, in my case take em to the damn court, but if you are happy, then well done, brilliant. Its a nice feeling isnt it knowing its all over. Just make sure that cheque arrives first and clears. Lol. Fendy xxx

[Guest NATTIE]

I think this is a cautionary congratulations!