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More Natwest confusion


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I have just received a letter and defence from Cobbetts giving me 14 days to reply or they will ask the court for an order striking out my claim. I have not received the allocation form. They state that the claim is incoherent and that no facts are indicated so I do not disclose any legally recognisable claim against them, also the dates are beyond the 6 years. I am claiming back charges from Jan 2001 and my first letter to them was 16 Jan 2007. They have not replied to any previous correspondece I sent to them which were template letters so I could not make any mistakes in the wording. I also sent two copies of the bank charges for which I am claiming back. I have several questions to ask the first is do I reply to Cobbetts or the court? Should I reply to such an insulting defence. I'm not very good with words has anyone got any ideas for a reply to this degrading statement they call a defence? Are they playing delaying tactics? I was hoping for advice from the courts about what action I should take as I have now started court proceedings.:confused: Any advice would be appreciated. Thanks.

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Are they playing delaying tactics?

 

Yes, and trying to intimidate you. Don't let them. When you get your AQ, you should request their defence be struck out as an abuse of process (see http://www.consumeractiongroup.co.uk/forum/natwest-bank/73352-defense-struck-out-judge-2.html) along with all the other things in teh guidance on this site.

 

Steven

Steven

 

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Thanks for reply but I was told by moneyclaim today that my claim was brief. I do tend to be brief, I think I will write to Cobbetts. How much information should I give them? I don't want to delay the claim but I do not want to do their job either. It seems they have no information forwarded from Nat West at all, if my claim is incoherent.

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In that case, perhaps send them a copy of your schedule of charges that you (presumambly) sent to NW with your LBA. I would just send a brief letter along the lines of:

 

Dear Cobbetts

 

RE: pot plant - v - Nasty West, Claim no: xxxxxxx

 

Thank you for your letter of xx/xx/xx. For your information I attach a copy of the schedule of charges that I am reclaiming from NW.

 

As I have stated in various correspondence with Nat West, I now understand that the regime of fees which Nat West have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations as they constitute penalties for breach of contract. Nat West have provided me with no information to demonstrate that these penalties really do reflect their costs and therefore, in the absence of such reassurances, I intend to pursue my claim on the grounds that these charges are unlawful.

 

Yours sincerely

 

pot plant

 

The letter gives them the information they claim they haven't got and otherwise tells them nothing they don't already know but perhaps clarifies your claim if it was a bit brief.

 

Hope that helps.

 

Steven

  • Haha 1

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Sorry pot plant, you should also add that you are claiming court costs and interest under section 69 of the County Courts Act 1984 at the daily rate of 0.022% (8%/year) up to the date of judgement or earlier payment (if you are).

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Thanks for the extra information about court costs. I had got that one covered and the interest, I have composed an outline letter which I will send tomorrow incorporating your helpful letter as well. Thanks again will post when I get a reply.

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Hi there I have one question that I did not ask yesterday. What time limit should I put on the letter for them to reply, as they are only willing to allow me 14 days to reply. Thanks.

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Give them 14 too

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Guest NATTIE

pot plant, if you have supplied the courts with the schedule of charges then the advice steven has given is fine, if not then i would send a schedule of charges to both cobbetts and give a copy to the courts.

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Nattie, thanks for your advise, I had not sent the schedule of charges to the court, but will do that today. I have also sent them to Cobbetts with a covering letter. I hope this resolves the unclear issues. The claim has been directed to Ashford County Court. They have dispensed with the allocation forms.

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