RBS charges

[alanfromderby]

Okay, with your claim being above the small claim track limit, you are obliged to respond to their request. However, it may be possible to turn this to your advantage.

 

Reply in the same format/layout as their defence document, and head it as being a "Response to Part 18 Request". List the information they require. It is vital to include the statement of truth at the bottom.

 

You must send a copy of your response, AND a copy of their request, to the court. Send the copy to Cobbetts by recorded delivery.

 

Next, using the format that Cobbetts have used, send a Part 18 Request to them along the following lines:

 

1) With reference to the list of charges provided to you in response to your Part 18 request, and previously to the Defendant, I request that you supply a full certified breakdown of the actual expenditure incurred by the Defendant, in relation to each of the charges levied.

 

2) Where the charge is purely an administration charge applied under the Terms and Conditions of the account, I request that you provide certified details of how that charge was set, and the calculations used in the process of arriving at that figure.

 

Include all the same threats that they did. Do not send a copy of this to the court...it is up to Cobbetts to do that when they reply.

 

Almost certainly they will refuse to answer the questions....but you may find that it gives them sufficient discomfort to consider an early settlement.

[alanfromderby]

Okay, this is how I would tackle it:

 

1 - No response necessary - they are simply quoting your claim.

 

2.1 - Copy exactly what it shows on your statement

 

2.2 - I would tell them that this question goes beyond the scope of a request for information under Part 18, and is interrogatory in nature. [the court would not expect you to argue your case at this stage]

 

3 - See 1 above

 

4.1 - Tell them that this information is known by the Defendant, since it was the Defendant that applied the charges. On that basis, it would seem extremely odd that the Defendant would seek to discover on what basis the Defendant added the charge. Surely without such knowledge the charges should never have been applied.

 

4.2 - Same as 2.2 above

 

5 - See 1 above

 

6 - Same as 2.2 above.

 

Along with your response (and it is vital that it is a separate letter), I would send a covering letter to Cobbetts pointing out that you consider the scope of their Part 18 request to be intimidatory, and that you intend to raise the matter with the Judge at the earliest opportunity.

[alanfromderby]

You only need to supply the information they have asked for - so that is the date, the charge, and the wording on the statement for the explanation.

 

You need to send the following:

 

To Cobbetts:

 

1 - Your response to THEIR Part 18 request - this needs to be one document and must not contain any other request or information.

 

2 - YOUR Part 18 request to THEM - again this should be one document.

 

3 - A covering letter pointing out that they must respond to your Part 18 Request within 14 days, and also the comment about the intimidatory nature of their Part 18.

 

To the Court:

 

1 - A copy of your response to their Part 18 request.

 

2 - A copy of their Part 18 request.

 

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On your Part 18 Request I would also add a third and fourth request, as follows:

 

3) I require that the Defendant supply a copy of the full Terms and Conditions which applied to the account at the time the account was opened.

 

4) I require that the Defendant supply copies of any amendments to the Terms and Conditions applying to the account, which have come into force since the account was opened.

[alanfromderby]

That is the reason for items 3 & 4 on the Part 18. Have a look at the stickies at the top of the Lloyd's forum - that will give you some of the background.

 

The main issue is that claimants now have to be properly prepared, and have all the evidence they need before any potential hearing.

[alanfromderby]

It depends how forceful you want to be - clearly you can now seek a court order under Part 18, to force them to comply. Personally though, I would wait for the Allocation Questionnaire, and include your request within that - noting that they have ignored your Part 18 request.

[alanfromderby]

If it is a small error, I would be inclined to leave it as it is until it comes to them making a settlement offer, or the matter reaches court. Details of completing the AQ can be found here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html