Pot plant V Nat West ***WON***

[pot plant]

I have just received a letter from Cobbetts defending my claim for bank charges. I have 14 days to reply but I do not know how to proceed, I do not fully understand their defence. They have not replied to any of my previous correspondence except to the courts on the 26 day of there 28 days to put in a defence. Should I see a solicitor or is there a simple way to deal with this myself. They claim that the particulars of the claim fail to disclose reasonable grounds for bringing a claim against them and that the claim is incoherent and does not disclose any legally recognisable claim against them. They invite me to remedy the above in 14 days. It appears to me that they have not received the earlier correspondence asking them to repay the unlawful charges. I did sent all the corresponsence recorded delivery, twice giving them the opportunity to repay the charges but they have not replied. Any advice welcome, I only have 12 days. Thanks.

[PPMAN159]

Not sure PP but I would be very interested if a MOD could let you know what they actually need.

[steven4064]

They claim that the particulars of the claim fail to disclose reasonable grounds for bringing a claim against them and that the claim is incoherent and does not disclose any legally recognisable claim against them.

 

They always say that - it's their standard letter and meant to intimidate you. Don't let them. There is plenty of advice on this site on how to proceed.

 

Initially, just send them a copy of your spreadsheet with a covering letter 'for your information'. Otherwise just wait to hear from the court. THe next thing you should get is the Allocation Questionnaire but some courts are not bothering.

 

If you do get an AQ go here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

if not, go here http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

 

In either case, don't panic.

 

Steven

[pot plant]

Thanks for advice steven, I have a letter from Notts Court and AQ has been dispensed with in this case. They have moved my case to my local county court which is really handy for me its only 3 mins away.

[pot plant]

I wonder why so many others claiming bank charges seem to have some kind of contact with the banks or Cobbetts. I have only received one reply to all the correspondence I have sent and that was from Cobbetts to defend my claim. They requested that I clarify my claim as they seem confused by the lack of information for this case. I wrote to them with copies of schedule of charges, summary of charges, covering letter etc. I gave them 14 days to reply. Today is the 14th day, no post, no phone call, no email, no nothing. This may be a good thing, can I please have some advice on what to do next? Thanks.

[pot plant]

As I wrote this note before the post arrived I must add that I have received the N149 from the court.

[fendyweather]

Well onward and upward. Fill it in, get it sent back in plenty of time with the fee it says is payable, then sit back and wait for your cheque to follow some short time after. Lol. xxxx Onward and upward. Nearly there.

 

Fendy xxxx

[pot plant]

Thank you fendyweather for your support, I have visitors this week and not a lot of time to read through the advice for section G. This section causes problems for many others, really stressed about this as the time lapses. I don't want to make any mistakes at this stage. Any advice. Thanks. pot plant.

[Parkvale]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html GOOD LUCK.

[fendyweather]

Wdone Parky. I think that was the link I was about to post. Best of luck pot plant...........

[Parkvale]

Thankyou your majesty.

[pot plant]

Thanks for the info and the link. I think section G is difficult, other information that you consider will help the judge to manage the claim. Should I put in this section that I have also paid £994 in bank charges that were standard charges, that I am only reclaiming excessive bank charges. Over the period of 3 years that calculates an average of £27 per month which I accept as reasonable. I have not mentioned this fact in any of my correspondence and I feel that this is important to mention, but I am unsure if section G is the right place. Any advise please, although I do understand if I don't get a reply at this time, I've just looked at the clock. I started reading all the threads and time just ran away. Thanks Pot Plant.

[hedgey06]

Bump for pot plant............soz guys, not sure about this one xxx

[pot plant]

I was about to deliver my N149, luckily I had to lend my car for an emergency yesterday and could not get to the court. I have got until Tuesday to return it to the court and after reading about the test case in Birmingham I want to make sure the courts have all the facts. I do not want to be the second person to lose. We will all have to tread very carefully from now on. An appeal would mean more stress and now the outcome is not as promising as before. Please could I have a reply to the question of the charges I am not claiming. It appears to be more important now as we need to show the judges that we have paid an amount already for the interest and bank charges. Thanks. Worried Pot.

[hedgey06]

Bump again for pot plant .......... post #12

[pot plant]

Thanks Hedgey for the reply, I know I'm not the sharpest tool in the box but what does bump mean? I use my computer for very basic tasks and all this lingo like furl, thread, post is all new to me. I am determined though, and work twice as hard to overcome the unknown. I now realise after spending all day and most of the evening reading other threads that section G of the N149 is not the right section for adding comments about charges I am not reclaiming. I have decided to copy the New strategy for Allocation Questionnaires posted by Bankfodder, as I have gathered most of the evidence needed for the draft directions anyway. If I new how to add a link here I would, still struggling with new tecno. I have tried looking for a help section to deal with how to use this website but I can't seem to find any instructions. Has anyone got any advise on that, I would like to be more helpful to others and add other links if I find them helpful. Anyway I'm not giving up, even if I have to spend every waking hour on this court case, I will take it as far as I can. Some words of encouragement please. From a plant that is going slightly POTTY!

[hedgey06]

Hi again potplant, sorry I couldn't help with this. If you do feel really stuck though and nobody responds on this thread, I think you should PM a mod or Michael Browne just to make sure you've got everything right.

 

Good luck mate - hedgey xxx

[fendyweather]

Pot plant stop worrying so much. The case with Lloyds yesterday we are all sure will be overturned at appeal, and the guy was claiming for other things as well as charges, something to do with SAR. Not sure of the full story, but its business as usual on this, so carry on with your claim, and dont delay on anything. Get everything submitted that has been requested in plenty of time before deadlines. Continue on as normal. Nothng to worry about just now.................. Fendy xxx

[pot plant]

Thanks for the replies, how do I PM as you say. I told you I was new to all this techno. Fendy, I have been reading some of your threads, or is it posts, what ever, you really can cheer a person on. You seem to take this all in your stride, good luck to you. Thanks again for the support.

[Parkvale]

Pot plant just click on the name of the person you wish to send a message to. Then scroll down to right hand side and you will see: send PM to: whoever.

[fendyweather]

There you go, once again, Parkvale to the rescue. Quicker than a rat up a drainpipe. Lol xxxxxx

[Parkvale]

Firefighter for 13 years got used to rescuing peeps but never rescued any rats up drainpipes.

[fendyweather]

Ah, like I said, quicker than a fireman up a firepole. Lol xxxxx I knew there was a likeness involved there somewhere, Ooooh Parky, did ya keep your uniform, Lol Lol Lol xxxx we gals love a guy in a uniform............... and theres deffo something uber lovely about firemen. Lol xxxxxx Fendy, behave............. Ok says the alter ego.......... ok.....xxxxx

[pot plant]

Thanks Parky, its all so very simple when you no the procedure.

[pot plant]

I have several questions as I am preparing in advance to go to court. I have sent off the AQ and draft directions for the court, the deadline is today for their return. If the court agrees with the directions I have little time to prepare and don't want to leave any important information out. First question is how can I get hold of the T & C's for a Current Account Plus & Advantage Gold Account as I changed my account in 2001? The charges I am reclaiming is for the same account number but I don't have any info about T & C's. Another question I have; I was reading a thread, but can't remember where, that the T & C's should have been sent with the SAR request and I can write to Cobbetts & court to have the case struck out because the defence has not produced the information requested. True, false, give it a go, or should I apply to Cobbetts for T & C's or Nasty West. Any advice welcome. Thanks Potty.