Cobbets.....Panic!!

[granovsky]

Hi,

 

I'm in process of claiming £3,500 from Nat West. Received this morning a bundle from Cobbets Solicitors submitting a defence and requesting 'further information and clarification'!!??

 

I understand I will be receiving a questionnaire from the court which I need to complete, does this mean I don't have to reply to Cobbets directly or do I have to do both? I have until 18th April to reply....

 

Any advice will be massively appreciated!!!

 

G.

[gizmo111]

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

[granovsky]

Thank you so much for that.......feel a bit stupid didn't find it myself!!!

[pat shiels]

Hi I had just the same Nat west paid up yesterday dont let cobbetts scare you follow the site advice as I did and you will be ok.

[granovsky]

Hi,

 

thanks for words of encouragement!!

 

I've sent off the letter template today to cobbetts regrading the CPR 18. I still haven't received anything from the court itself as yet (questionnaire etc)....is this normal or should I have heard by now?

 

G.

[alf]

Hi

 

The AQ tends to arrive a few days after their defence, mine did. They asked me for more info, so sent all information they requested, on to Cobbets and copies to the Court, had court date now for 23rd May, not heard anything yet though.

Good Luck

[Parkvale]

granovsky,

This will help when your AQ arrives;http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html.

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-3.html

[granovsky]

Another Cobbets Panic!!!

 

Thanks for help guys, there's something else, my case has been forwarded to my local court and the notts judge has told the new court that the AQ should 'be dispensed with' ? Whats that about?

 

Also, I received a phone call today from Cobbets.....(incidentally the date by which I had to reply to the CPR requrest is tomorrow)...the woman on the phone acknowledged my letter (The CPR Template), but says in order to 'move on' I need to provide details regarding the specific reason for each and every charge I am claiming for, to determine (in her words) whether the claim is valid!!!! She told me the reasons for the charges would be listed on my statements, I said to her that they were just listed as 'Charges' and also that if she was representing Nat West she should have copies of all of my correspondence with them, and that details of the Consumer Regulations etc within my initial letter explained exactly why I was doing this. 'Never the less we need a detailed list(not just the amount) of every so called contravention' was the reply..... as I said the date by which I need to reply to their letter re CPR is tomorrow!! I have to say I lost my rag a little with her as well, mentioning how long they had been representing Nat West on this issue and that it was a disgrace that she was calling me to ask for this info the day before the deadline they'd set out. Regarding whether the claim 'was valid' I pretty much told her the sheer amount of similar claims she must have had to deal with to this date meant she knew exactly what she was doing by asking for this info now. (oops) It just really gets to me that they prolong it all like this.

 

Anyway......what should I do?

[Parkvale]

Panic not, You are claiming under £5k. So CPR 18 does not apply. As long as you have supplied Nasty West and Cobblers with your spreadsheet you are okay. I have two claims on the go and have not had to name each charge. Nat . West will have checked your claim to see if each charge is a penalty charge or a terms and conditions charge. Which are not claimable. Wait for directions from the court and not cobbetts. http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html. Good luck.

[Deller]

When you recieve the Allocation Questionaire this should help you through it.

 

 

Allocation Questionnaires - A guide to completion

 

You could also propose a Draft Directions Order:

New strategy for Allocation Questionaires

 

Other Information - Section G:

 

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

It's a bit of squeeze, but very important you enter all the details.

 

Include copy of schedule

 

Cheque to HM Courts Service

 

Fee will be added automatically to your claim

 

Send copy of your AQ to Cobbetts

[granovsky]

Many Thanks Again,

 

Forgive me for asking the bleedin obvious but when you say 'terms and conditions charge' what do ya mean?

[Parkvale]

Thats a charge that will be stated in the terms and conditions of you opening your account. It is not a penalty charge so cannot be claimed. Hope that helps you. Don't be bothered to ask any questions however daft they seem. Loads of help available here. Good luck.

[alf]

Hi

 

When I was asked by Cobbetts for all crap, that they should actually know, i sent this to them,

 

Re: Claim number xxxxxxxxxxxxx

Your Reference:xxxxxxxxxxxxxxxxxxxxxxxx

 

 

I have received your defence.

I notice that you say that my particulars of claim discloses no reasonable grounds for bringing a claim against the defendant.

I have to say that I find this frankly surprising. I have clearly identified the account contract to which I'm referring. I have made it quite clear the source of the monies which I am claiming is derived from money taken by your clients in respect of my breaches of the account contract and I

have even supplied a detailed breakdown of the charges on a separate schedule. And I have also explained why I consider that the charges are unenforceable and that they are unenforceable at common law.

I will add now that the recent Office of Fair Trading report concluded that bank penalty charges are indeed excessive and in breach of the common law because they exceed the actual costs caused by my breach. It is true to say that the OFT report dealt principally with consumer contracts, but

as there is absolutely no difference in the penalty charges between consumer contracts and business contracts it is clear that there is a read-across from the OFT consumer-oriented report to business accounts.

Finally I have made it clear the total figure which I am claiming.

As I have clearly stipulated

A. The contract

B. The term of the contract in question

C. The wrong which I say you have committed

D. The amount of my damage suffered

I really do not see what else you expect to find in my particulars of claim. In fact I would say that your defence does not answer my particulars of claim in any way and therefore this letter which I am copying to court is my formal request to the court to grant me a summary judgement for the entire sum claimed.

You have a further 15 days to file a proper defence before the date for the submission of the allocation questionnaire and if you do so then I will say now that I will raise no objection to your amendment.

I have noticed quite recently that there are now several cases or on the same bank charges issue which have now been transferred to the mercantile court in London. I also understand that there may be a group action on the same issue and that there may even be an attempt to refer the OFT failure to take their own action.

If you decide that you wish to oppose my application for summary judgement then I suggest that you let me have your amended defence directly as well as filing your copy with the court.

Yours sincerely,

 

 

I also sent to them a schedule of charges,which shows all breakdown of charges, and the reson for that actual charge.

 

Good Luck

 

 

Andrea

[Parkvale]

Alf,

Brilliant response. That will show them you are not to be messed with. I am quite sure they would send you their amended defense anyway. Attack is the best form of defence. So you are spot on here.Good luck.

[granovsky]

Hi,

 

Well I was still panicked about that phone call I got from Cobbetts before, so I rang the court and they were really friendly and helpful......the person I spoke to was very surprised that I had actually been called by the defendant's solicitor and reassured me that this was a totally unorthodox thing for them to do and that I should only take instructions from the court. I then spoke to them again the other day and was told if I am being caused any distress that I can put a complaint in writing to the court about how they are handling this. I've also just remembered that when I forwarded the CPR Request Reply template to Cobbett's I didn't send a copy to the court at the same time!! ( Have I screwed up by not doing this?)

 

Should I maybe send the letter of complaint to the court, and seeing as my complaint concerns how they handled the CPR issue anyway, incude the CPR response letter as part of my explanation of events-killing two birds with one stone-if you see what I mean?.....also, if I do this having never written to a court before....... What the Hell Do I write and who do I address it to?!

[fendyweather]

Thats fine, do just that. Letter to court advising them of Cobblers unorthodox behaviour and copy them in with the letter you send to Cobblers. Deal with court as you would a fellow human being. With respect, and courtesy. Any correspondence to them doesnt have to be filled with legal speak. Just honest and straight forward. Send it. Dont be intimidated.......... and that way court will know that Cobblers tactics are really not very ethical or orthodox. Best of luck. Just go for it.

 

Fendy xxx

[alf]

Hiya

 

I'd send a letter to Cobbetts, saying that I am concerned at them, contacting you direct, could be misconstrued as harassment, and that you are very, very upset by the way they are dealing with your case against Nat west, and should that you have spoken to the court concerned with your claim, and that they have advised you to inform them of any future telephone calls, and that you are also sending a copy of this letter to the court , for them to keep in your claim file, and quote all the relevant info like Court Claim No etc, that should shut them up.

 

Good Luck

[granovsky]

Hey there,

 

Thanks for advice so far........sent letter to court telling them whole story re phone call etc. Finally received back from them today a 'General Form of Judgment or Order', it seems that although the Notts Judge suggested AQ be dispensed with, my local court are requesting one anyway,only problem is the date by which they have to have it back is 8th May and the AQ itself wasn't in the letter they'd sent. I'd feel a bit apprehensive just waiting for it seeing as I don't have long before deadline......should I maybe give them a quick call to chase it up?

 

Also, they've requested I send a schedule showing dates and amounts of charges to the Court and to the Defendant, but I've already done this when I sent the CPR Request template letter to Cobbetts and the copy of it to the court. I'm guessing that to be on the safe side I should send it again anyway?

 

Other thing is, I'm so broke because of Nat West I might have some difficulty getting the £100 together.....is there anything that can be done about that? Delaying it or something?

[Parkvale]

Send the court the info they are after. Have a look at this it may help you. Is there any one you could borrow the £100 off ? http://www.consumeractiongroup.co.uk/forum/helpful-external-links/2147-court-fees-do-you.html

[granovsky]

Thanks Parkvale.....had a look through and it seems pretty time consuming and I'm not sure I'd qualify. So I've made a quick phone call and can now borrow the money. Yeah!!! Thanks Mum! Regarding the AQ, shall I give it a chase?

 

G.

[Parkvale]

Well done mum.

[louie louie]

I have a Notice of Allocation to the Small Claims Track (Hearing) set for 19 June 2007 re my claim against Nat West. Cobbetts seem adamant about defending it. Today I read that a district judge in Birmingham, deciding in a case involving Lloyds TSB and a customer, ruled that the bank's charges are fair and legal. Does anyone have any thoughts about how this ruling is likely to affect my case - and those pending for all other claimants against unfair bank chargers?

The banks are powerful institutions and, having expeienced Cobbett's intimidation techniques, I'm quite ready to believe that the banks are capable of using their might to 'bend' the law to protect their interests.

Has there been any investigation into the motives of District Judge Cook?

[louie louie]

Just as a general comment: while I appaud the cause and value of this site, I find it difficult to use. I never seem to be able to find the same thread twice and have no idea of how to recieve a response to a posting - how to navigate the site, what time scales are involved, who I should be addressing, are alerts available and so on. Is there any helpful user guide information I can refer to?

Thanks

[hedgey06]

Hi louie, you need to start your own thread in the forum - louie vs nat west. This way, you can ask for advice, keep everyone updated and get the support you need.

 

If you scroll up to the user cp, you can edit your profile on there. Basically, when you post on someone's thread, you've then 'subscribed' to it. You can then check these on your user cp (on the 'view subscribed threads' link).

 

It's difficult to get the hang of it at first, but once you've started your own thread you'll get all the support you need.

[granovsky]

Hey Guys,

 

Received court date today and Draft directions have been made into order!!! Only thing is I now need to get everything together before 18th June........I know there is info re court bundle on here but I was hoping someone could go through EXACTLY what I need to provide IN ADDITION TO THE BUNDLE.....I'm being thick i know but I don't want to screw anything up as its gettin close.

 

Any help MASSIVELY appreciated!!!!

 

G.