The camel's back has been broken! ***WON***

[sixspeed]

Just a note to say I submitted my AQ to the court on the 20th.

 

I've not heard anything since. The final deadline for the AQ was 4th December. Does nothing happen until then?

[cheddar]

I guess you will be getting an offer soon. Have you been sent a copy of natwests AQ?

[sbb1979]

You probably won't get a copy of their AQ until after the deadline on 4th. I got an offer about a week after that. Declined it last Monday. Have heard nothing else since but could be any day!

 

Cheddar - do you know how long the courts usually take before giving a date? My Cahoot claim AQ deadline was a month ago - they filed theirs about the same time. Have heard nothing since.....

[Deller]

Just a note to say I submitted my AQ to the court on the 20th.

 

I've not heard anything since. The final deadline for the AQ was 4th December. Does nothing happen until then?

 

I'm in the same boat, Cobbetts deadline for AQ was 30th Nov....and guess what, they filed it on that day. I received a copy of this yesterday so I'd imagine it'll be the same scenario in your case.

[sixspeed]

Received a copy of Cobbett's AQ today from Northampton CC....

 

All fairly basic - except in the "Other information" they put this statement:

 

 

"The Claimaint has not shown that he has reasonable grounds for bringing the Claim and despite the Defendant requesting that the Claimant remedy the lack of particularity pleaded in the Particulars of Claim, the Claimant has failed to do so. Case management directions cannot be proposed until the Claimant fully particularises his Claim. In light of this, the Defendant may amend its Defence or apply to strike out."

 

 

Can anyone tell me if this is standard or not?

 

I presume that Cobbetts are trying to say that they don't know what the charges amount to, but I have sent NatWest a copy of the Schedule of Charges several times in all my preliminary letters, and I sent a copy to the court with my AQ. Should I send another copy to Cobbetts in light of what they have put here, or should I just wait now?

[alanfromderby]

I presume that your claim was issued through MCOL. What they are saying is that your to Particulars of Claim are not sufficient to support your claim. My view is that they are probably correct.

 

What you need to do is send a revised set of POC's, as per the N1 version in the Bank Template Library. Also send a copy to the court, stating that you have sent a copy to the Defendant's solicitors, and that the reason for the revision is due to the limited space available on the MCOL system.

[sixspeed]

Well I used several of the templates described on this forum for the MCOL, and asked a number of people about it in the first place, so it'd be a bit disappointing if it turned out to have been a waste of time

 

The particulars I entered were:

 

"1. The Claimant has an account xxxxxxxx with

the Defendant, opened Jan 1992 2. Between

01/11/2000 and 31/12/04 the Defendant debited

charges in respect of purported breaches of

contract. 3. Defendant is aware of all

details as a list of charges has already been

supplied. Another copy will be sent. 4.

Claimant contends: (a) The charges exceed the

Defendant's losses caused by the breaches;

(b) The Term permitting the Defendant to levy

such charges is unenforceable under the

Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. 5. Claimant claims:

(a) return of the amounts debited of

£4,788.00 (b) Interest per S.69 County Courts

Act 1984 of 8% - £1395.38 continuing at 8%

until judgment or settlement at a daily rate

of £1.36; 6. Alternatively, if the charges

are a fee for a service, then

they must be reasonable under S.15 of the

Supply of Goods and Services Act 1982. 7.

Costs allowed by the Court."

 

 

Is this not detailed enough??

[alanfromderby]

What you have to bear in mind is that the banks will have an on-going search for ways of delaying, and side-tracking claims. Recently they have turned their attention to the restricted POC's used on MCOL.

 

The POC's you have used are fine, but it is being argued that they do not show the actual basis for why the charges are unlawful. This is a new tactic, and a very astute move.

 

Clearly, in the light of this, future claimants must consider carefully whether to follow the MCOL process, or use the N1 route, which allows for unlimited space for the POC's.

 

I don't know what you are saying is a "waste of time", but the situation you are in is nothing out of the ordinary. It is just important that you address the matter, and I have included in a previous post a possible strategy.

 

Your claim is still live, and they have not applied for a strike-out. They have simply asked for leave to amend their defence, after you have given them more details of the basis of your claim.

[sixspeed]

Sorry, a "waste of time" sounded a bit harsh. I hadn't realised they were changing tactics....

 

I shall send over a new format POC (thanks again for the link), and we'll see what happens from here...

[sbb1979]

I'm in exactly the same position as you Sixspeed. Receieved exactly the same AQ from Cobbetts a week and a half ago. Then received a 50% offer the next day. If they don't know what we're on about, why would they offer anything at all!

 

Anyway, can definitely see what you mean (Alanfromderby) about the limited space on MCOL. I will send the revised POC today aswell.

[sixspeed]

Well I received my 50% offer at the weekend. Guess I'll follow your lead sbb and send back a letter politely declining their offer, and also provide them with a clearer, revised POC which I'll also forward to the court.

[Deller]

A rather nice rejection letter would be:-

 

Thank you for your letter dated xxth xxxxxxx 2006.

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees, which together with the daily rate of £0.XX now total £xxxx as of XXth xxxxxxx 2006

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust this clarifies my position.

 

Yours faithfully

[Lager_Lou]

I like the letter - made me chuckle!

[sbb1979]

Yes, that's the one! Can't really see them offering any consideration in order to be afforded the privilege of confidentiality though. Especially as everyone knows that they're paying up, so one or two quiet ones won't make any difference.

 

Hate all this waiting! There are probably no more stages to go through now, we just have to wait to get our money, but it is so frustrating!

 

Si

[Deller]

All good things come to those who wait Si.

[sixspeed]

Should I just reject my offer? Do I need to send a revised POC? I somehow feel if I send a new POC then it automatically drags this out as the court will allow them more time for a defence since the charges have "changed".

 

Seeing as plenty of cases have been brought to court and been paid up with the exact same POC that I entered, I don't see I need to make any changes now?

[sixspeed]

Well after sleeping on it I figured it was only a letter... and i've waited this long, so I can wait a little longer!

 

So, new POC sent to the court and Cobbetts today, attaching the charge schedule again, and basically using the N1 template for the POC. Also sent a letter declining their offer.

 

Can't see them finding anything else now to wriggle out of paying, but who knows!

[sixspeed]

Well received the allocation from the judge on Friday - court date is the 14th January! Bring it on!!

[Deller]

Better get your court bundle ready!!

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

[Lager_Lou]

That's quite soon isn't it! Hope you get a nice fat cheque before you go to the effort of preparing your bundle!

[Lig24]

Sixspeed, have you received any offers yet or are you still heading to Court? When you first received the Defence did you simply send the Standard CPR 18 letter back with a copy of the charges to Cobbetts and the Court?

[sixspeed]

I had a 50% offer about a week after the AQ was submitted by Cobbett's. I sent back a rejection letter.

 

I never received a CPR 18 request from them, so this was never an issue.

 

Just wondering if I can expect a cheque before the 14th, since the last letter I received was on the 12th December, from the court, stating the Allocation of my case to the Small Claims Track, and setting a date of 4pm on the 12th January by which I must send to the court and the other parties my court bundle.

 

I've prepared the bundle to send out this week, but just wondered if it's the norm to go this far, or whether i'll likely hear from Cobbett's with their final offer before this date?

[Deller]

I would imagine you'll receive the full settlement before the 12th.

[Lig24]

Hi Sixspeed and Deller,

 

If this is the case and they finally cave in at the last hurdle what is the point of all their stalling? Is it not just wasting everyones time??? Mind you I don't suppose they care they get paid for taking the time to try and deter us from carrying on.

 

Hope you get your offer soon six speed I will be watching your thread.

 

I got my Defence and CPR 18 the other day so sent them a letter back - suppose I am waiting for my allocation questionnaire now from the Court. How long did yours take to come through?

[Deller]

I don't think there is really an explantion for why they delay the inevitable other than they think we'll cave in and give up. I noticed a lot people were getting offers just prior to Xmas, so Cobbetts were probably thinking people would accept due to need for extra money at this time of year, thankfully we all know CAG and know better than to accept mesely offers.