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NO Cpr18. Just defence asking to strike??


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Hi I was told today that cobbetts have submitted a last minute defence to my claim. They directly sent me a defence...more like a brochure written by a lawyer asking me to show where they have breached contracts, etc...

I am a bit confused as they haven't sent a cpr18....

They have stated they are asking the court to strike out my claim, as I cannot prove they took penalty charges illegally...

Can I turn this arround as they are asking me to prove (a) the clause(s) pursuant to which the charges were applied; (b) that the charges were applied due to a breach of contract by the claimant: and © etc..

 

It seems to me that they are asking me to explain why Natwest made the charges and what for??

 

They seem to be asking me to provide proof that Natwest applied charges to my account, or they will ask the court to throw out the claim...?

 

But they had a list of dates and amounts already supplied to them when I lodged the claim with the court....lol

 

They then go on to state they want me to show where in the unfair contract terms act 1977, consumer regs. 1999 and goods and services act 1982 it backs up my case.......help.....

 

Ahh...just spotted they are claiming that the charges are for "services", not penalty charges.....lol

 

Any advice please????

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  • 2 weeks later...

Thanks Josamolly....

I have the letter all done and ready, they canged the paragraphs round in their defence....I guess to stop us using other peoples replies...lol

All checked and done....

But they failed to send me anything from the courts....

I called today and have case set for 27th June.....

I sent court and Cobbetts another letter asking the Court to respectfully add compound interest under mutuality and resiprocity etc....

If not to just use 8% section 69.

Thought I may as well ask the court to look at it....lol

Never know....may get an annoyed judge who hates banks.....lol

Thanks again....

Russ

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Well yet again Natwest have added another £228 + interest to my account. They did this after John Cunnane a manager at Borehamwood promised to refund £76 of new charges last month.....You guessed it 'No Record of conversation' on their system!

I had this idiot from his office on the phone today saying that " As it was a gesture of goodwill we don't have to refund it, even though we may have said we would!"

So I told him what I think of the bank.....lol

Now I am £2950 into a £3000 overdraft.....with £500 to find by monday to pay the D/D they bounced.....That's now £800 in charges since filing the N1 form with the courts....

I get the feeling this is all done on purpose....."Conspiracy!! !!!!!!"

lol................

Oh well I got to try and work out if I should start a new claim for this lot, or if I can add it to the one already going???

I just got hearing date through today for 27th June.....

Any idea's anyone?????????

Russ

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Sounds like a second claim coming soon then.

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