Roscopicotrain v NatWest

[Roscopicotrain]

4/1/07 Requested statements

21/1/07 Received statements

23/1/07 Sent 1st letter

26/1/07 Acknowledgement from Stuart Higley

14/2/07 2nd letter sent / LBA giving 7 days also faxed

27/2/07 Letter from S Higley saying they are investigating

6/3/07 Processed claim on MCOL

7/3/07 Claim issued

12/3/07 (deemed) date of Service

16/3/07 Acknowledgement of Service Filed by Cobbetts

7/4/07 Received Defence & CPR Part 18 request

7/4/07 Received part offer from Mr Higley! (refused!)

12/4/07 Sent letter to Court re Cobbetts

[Guest Mumofthreeboys]

Sorry guys, don't know if I've posted in the right place here!

 

Claim number: 7QZ29021

Issued: 7/3/07

Court: MCOL

Charges: £4,646.00

Interest: £1,458.50

Costs: £250

Total Claim: £6,354.50

 

If you are wanting this bit to go in "Litigation in Progress" you need to PM this to a mod.

[Roscopicotrain]

Thanks - do I just pick one from someone else's thread?

[Guest Mumofthreeboys]

Thanks - do I just pick one from someone else's thread?

 

Have a look on the main page and just choose one that's online now (green are mods).

[Guest NATTIE]

dukes of hazard, yeeeeeeeeeeeeeehaaaaaaaaaaaaaaaaaaaaa!

[fendyweather]

Heck Rosco, your dates almost mirror my own for every pieces of action so far. Looks like we will be at court similar time. Do keep post updated wont you. I like to see when Cobbets are folding, or at least getting close. All the best. Fendy xxx

[Roscopicotrain]

dukes of hazard, yeeeeeeeeeeeeeehaaaaaaaaaaaaaaaaaaaaa!

Yes Nattie, I'm setting Sheriff Rosco P Coltrane on NatWest!

[hedgey06]

Go get 'em cowboy!!!!!!!!! Best of luck, Hedgey xxx

[Roscopicotrain]

Flippin' eck Fendy! Just looked at your claim - I thought mine was big enough!! Bet you'll be celebrating in Yorkshire when that comes in???? Maybe a fresh pot of tea?? Haha!! Good luck - will keep my thread updated - 9th April is 28 days after Cobbetts Acknowledgement of Service. Fingers crossed. Roscoe.

[fendyweather]

Pot of tea my binti yorkshire bottom. Twill be Gin and Tonics all round, or heck, even bolly mate. When my boat comes in, Im chucking the life rafts overboard and sinking some serious liquid.................... lol. Just the blumming waiting. Tis getting to me poor iccle bonce. Fendy xxx

[Roscopicotrain]

UPDATE: Received Defence & CPR Part 18 request from Cobbetts.

 

Proposed reply to Court (copy to Cobbetts) - can anyone comment please (I have edited the template letter):

 

 

Dear Sir/Madam,

 

Claimant’s response to the request for further information

 

I have received a request from the defendants for further information, which they say is made pursuant to CPR Part 18. However it is highly likely that this claim will be allocated to the small claims track and therefore Part 18 does not apply.

 

The Defendant’s Part 18 request suggests very strongly that I have not supplied them with enough information to mount a defence. Despite this they have submitted a very full and complicated defence.

 

I am anxious to be seen to be co-operating as much as I can and therefore I am providing the following information and sending a copy to the defendants.

 

In section 3 of their request, the Defendants deny having received a copy of the list of charges, as part of the claim. They then ask for strict proof for EACH AND EVERY charge (a) the date, (b) the amount and © the description applied to the charge. I do not understand why they require this information as I sent their clients copies on 23rd January 2007, again on 14th February 2007 with my Letter Before Action, and faxed the same on 14th February 2007. In their letter of acknowledgement to me of 26th January 2007 they refer to my letter of 23rd January 2007 – if the detailed list of charges had not been enclosed this should have been mentioned at this stage, and not waiting until Court action had been started. I also sent a copy to the Court separately on 6th March 2007, as my claim was filed on Money Claim On Line, which you will find in the court file and presumably the court must have served this on the defendants with the claim form.

 

By virtue of the Defence and CPR Part 18 request from the Defendants, I am suggesting to the Court that this action is intimidatory and evasive.

 

I will of course comply with any request made by the Court if it feels that further information is necessary, and orders me to do so. However, I feel that since none of these “Bank Charges” cases have ever gone to Court and have all been settled prior to any court hearings or orders, that the Defendants are simply creating work for individuals such as myself, and for the Courts too, hoping that we will back down.

 

Yours Faithfully

 

 

Roscopicotrain

 

CC Cobbetts LLP Solicitors

[scott150663]

hi

 

are you on a small claims track or fast track, as it appears ok to me have a look at this as well and see if u can adapt it to suit your claim

 

 

 

Here is a guide to a part 18 request.

 

 

-and-

NATIONAL WESTMINSTER BANK PLC Defendant (or as applicable )

 

RESPONSE TO REQUEST FOR FUTHER INFORMATION AND CLARIFICATION

 

NOTE- IMPORTANT

 

 

1. This response is served pursuit to CPR 18

 

The Response

2. In response to Para 2.1 and 2.2 (a)(B)© of defendants request please find herewith (attached Schedule one) a break down of the charges applied to the claimants account this includes the claimants account number sort code and the dates of the charges were applied and the reason.

3. In response to Para 2.2 © of the defendants request, the claimant has already explained why the charges should not have been applied but for the avoidance of doubt the claimant alleges that the charges are Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses.

4. In response to Para 2.3(a) Yes, the claimant should not have been charged an amount above the true administrate cost incured by the respondents, (B) the claimant should not have been charges for reason out lined in Para 2. © the claimant should have been charged the true administrative cost,

5. In response to Para 2.3(d) The Respondents have asked what the claimant should have been charged, to answer this the claimant will need a break down of the administrative cost incured by the defendant in applying the said charges.

6. In response to the further question made by the defendant the claimant will not be able to responded to these until the claimant has disclosure and inspection of documents as the claimant will be requiring a copy of his contract with the respondents

7. If the defendant requires any further information, the claimant will be happy to provide this once the discloser of documents/information has been dealt with by the court.

 

 

scott

[Roscopicotrain]

Hi Scott - yes that's a good reply. I'm going with my original to the COurt as I don't see why we should provide any further info to Cobbetts!!

 

I don't know which "track" I'm on - I just copied the template!

 

Good luck!

[scott150663]

Hi Scott - yes that's a good reply. I'm going with my original to the COurt as I don't see why we should provide any further info to Cobbetts!!

 

I don't know which "track" I'm on - I just copied the template!

 

Good luck!

 

hi rosco

 

if you r allocated fast track you will need to complete the cpr18 request, so keep the letter from my post,claims over £5k are sometimes allocated fast track, you r correct with your response to cobblers request,so wait until you hear from the court and post up on your thread. You will recieve an AQ and a track allocation (quite often u will get an offer b4 the final date your AQ needs to be returned)so dont return it until close to the date.(costs £100 as well)

 

youre close so be patient

 

Good luck

 

Scott

[Roscopicotrain]

Hi Scott and others! I haven't been allocated a track yet. I seem to remember from something I have read, that if your claim is less than £5k EXCLUDING interest, then you can be put on the Small Claims Track. Mine is less than £5k in charges, but over £5k with interest!

 

I am a bit worried at the moment:

 

1) When I received the Transfer of Proceedings from the Northampton County Court along with Cobbletts Defence and CPR Part 18 request, the Judge had ordered that "The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise". Is this normal?? I still haven't received an AQ.

 

2) When I responded to their CPR Part 18 request, I used one of the templates, and amended it to suit (see my posting above). I sent this to the Court, basically saying that I refuse to complete a CPR Part 18 unless the Court orders me to do so. I haven't replied directly to Cobbetts, other than sending them a copy of my letter to the Court. Do I need to reply to them, giving them more information and a list of the charges (which they must already have), or am I ok just replying to the court saying that they have enough information? (I have seen on CAG two lines of thought - one pretty much ignores their requests for further detailed information, and the other way actually goes into detail explaning the sections of the UCTA and SGSA which we claim they have breached).

 

Does anyone think that I'll get an AQ or do they not send them out in all instances?

 

Does this mean anything if I don't get an AQ?

 

Thanks for any help and advice.

[fendyweather]

Perfectly normal stuff Rosco.......... Ive received same letter from mine. AQ being dispensed with. And now my court have ordered a telephone conference on 5th June to discuss the way forward. Its nothing to worry about. Dont do anything unless the courts ask for it. Ignore Cobblers Cobblers,,,,,,,, and only provide things that the court ask for. And to answer the bottom bit, not everybody gets AQ's. Its a new thing apparently.... I think it all means that if anything your case will be heard/settled much quicker............ dont panic. Its standard stuff. Dont do anything until you hear from the courts again, just sit back and wait. All the best. Fendy xxx

[Roscopicotrain]

Hi Fendy! Good to hear from you. Thanks for your advice. Actually, I called my local Court and they said they sent the AQ yesterday. As I put the phone down the postie delivered it through my letterbox! Also a letter from CObbetts. I've scanned and attached the body of the letter - can you have a quick look and comment?

 

Do I reply in full with copies of correspondence and a copy of the charges etc or just reply saying see you in court? I don't want to jeapordise my claim and get it thrown out by the Judge!

 

Thanks!

Cobbetts.pdf

[fendyweather]

Basically you need to just sent a further copy of your schedule of charges, as per the spreadsheet breakdown that you created at the start, ensure it shows your full name, account number, sort code, and date the charges are from, until. i.e. charges claimed from FEB 2001 to FEB 2007 etc. etc. and ensure the list is complete with full breakdown of every single charge with a reason for each charge, as per vampiress spreadsheets in the templates in CAG, but Im assuming youve already completed these at the start. Then just look at the response letter on here to CPR 18 request basically saying you are not obliged to complete it unless the court ask for it, blah blah blah as you anticipate this will be allocated to small claims track. Then just ensure when you send your AQ in, you do it well within the time scale deadline, and ensuring you attach another copy of your charges. Honestly, nothing to worry about, all easy stuff really, just takes a bit of time. Best thing. Dont panic....... But all their letter (the scanned bit is asking for), is copy again of your spreadsheet showing all charges...... If the judge/court ask for further copy letters later then obviously provide them, but all you need send so far is the charges with the AQ.

 

All the best........... and youre nearly there........... Chin up. Fendy xxx What you have to remember is that if the court were going to strike anything out, (and a lot of people panic about this), you would get prior warning, in the form of a request for further information to your case, they wouldnt just strike out without first having given you the opportunity to send in any further required documents. So never panic. Not worth it. Fendy xx

[Micky the Hippo]

good post fendy

 

do watch out for Hippo's wails for help and guidance in a month or so's time

 

his greedy and ill informed CI claims are approaching the LBA point

 

and best of luck rosco, natch

[Roscopicotrain]

OK thanks Fendy! Originally I composed my charges list from the Martin Lewis website, and his calculator tool doesn't provide for you to include a description of the charges. I may regenerate the list using the CAG spreadsheet and submit that to Cobbetts and the Court??

 

Just a follow-up Fendy, I've read some posts from GaryH saying that you need to send in case history with the AQ - is that right? Or just the list of charges again?

 

Thanks again!

[fendyweather]

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=37&Itemid=78

 

heres the link, do exactly what it says here for the AQ..........

 

Read it for the small claims track.............. Fendy xxx

[Roscopicotrain]

OK will have a good read my Yorkshire friend!

 

I've currently got about 10 links open for CAG pages - you know how it is when you find something interesting, then "open in new window" and completely lose track of what you were first looking for!!

 

Have you been paid out yet?

 

Rosco.

[fendyweather]

Nah , not yet, just waiting for directions for allocations. Ive received letter from court yesterday saying they are going to give directions by phone conference set for 5th June. So just sent letter to Cobbetts asking them to set this up. Waiting now till 5th June. Im hoping that they might cobble out of the phone conference so I get paid out quicker, but I suppose they wont........... Lol. Nice to think they might for a minute though. Lol xxxx I certainly wont bottle it thats for sure........... Best of luck. You are well on your way now............ xxx

[Roscopicotrain]

I think I'd brick it if I had to do a phone conference! Good luck and keep your post updated so we can see how you went on.

 

I'm just re-entering all my charges in a new spreadsheet so I can add a flippin description! Wish I'd done that in the 1st place!!

 

Rosco

[fendyweather]

Well the Martins money site is great, but I dont think you can beat this site for accuracy of spreadsheets, info, and all advice given. It wipes the floor with the other sites........... I know its time consuming, but the judge will want to see the full breakdown of charges, so really the first thing anybody should do is compile the spreadsheets on here with list of charges. time consuming I know but sooooooooooo worth it. That is your whole basis for your claim and without it the courts really wouldnt be able to do much in your favour until they knew exactly what each and every charge was for. so I would always use the spreadsheet at the starting point for any work undertaken in your claim. Its basically your paper gold.

 

All the best........... so are so close now at AQ. So close. Im sure they will pay out once youve submitted it........... Best of luck mate. Fendy xxxx