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Help! Natwest Forcing Me Into Unknown Territory


Jazz52
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Hi there everybody!

 

I was wandering if anybody could advise me as to what to do as I am currently trying to reclaim £3000 from NATWEST and they have filed a defence. Their solicitor Cobbetts is requesting info I already sent and now the County Court have sent a general form of judgment or order asking for the claim to be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts as stylised particulars do not copnstitute compliance.

 

I have been asked to amend or substitute my POC by setting it out in plain english or my claim will be struck out. However, if I comply with this, under CPR 16.5 the defence has permission to file and serve an amended defence setting out its claim in plain english.

 

I have searched extensively for somebody who has been in a similar position as I don't know how to proceed and am very worried.

 

Please could anybody advise?

 

Many thanks

 

Jazz xxx

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Hi there everybody!

 

I was wandering if anybody could advise me as to what to do as I am currently trying to reclaim £3000 from NATWEST and they have filed a defence. Their solicitor Cobbetts is requesting info I already sent and now the County Court have sent a general form of judgment or order asking for the claim to be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts as stylised particulars do not copnstitute compliance.

 

I have been asked to amend or substitute my POC by setting it out in plain english or my claim will be struck out. However, if I comply with this, under CPR 16.5 the defence has permission to file and serve an amended defence setting out its claim in plain english.

 

I have searched extensively for somebody who has been in a similar position as I don't know how to proceed and am very worried.

 

Please could anybody advise?

 

Many thanks

 

Jazz xxx

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You said you are claiming back £3000 from NATWEST.

 

Is this amount estimated or is it the total charge you calculated from the statements NATWEST sent you?

 

Did you submit the full schedule of the charges you are claiming?

 

You may need the form N244 to amend the case but you have not given enough information to help with better guidance.

 

N244 – Application Notice form

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

Good luck

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Hi Bennyowen

 

Thanks you for getting back to me so swiftly. I sent a schedule of charges to the bank with interest which I calculated and the figure owed is calculated from statements and they then sent the case to Cobbetts who I believe are using delaying tactics as they said they are not in receipt of the information.

 

I then received the general form of judgment or order mentioned and I do not know what they mean when they refer to CPR 16.4 (1) AND CPR 16.5. I used the template letters from Martin Lewis's site and do not know how to simplify those letters into plain english. The court has said that they will strike out the claim if I do not do this.

 

Any advice you/anybody can give would be greatly appreciated.

 

Jazz xx

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As the claimant, the CPR 16.5 does not concern you. The CPR 16.4 concern you because it relates to the Particulars of Claim. In simple terms, the CPR 16.4 require the claimant to specify clearly in detail what the claim is about.

 

You can read more about it in the link below:

 

PART 16 - STATEMENTS OF CASE

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