Please help with Cobbets AQ they sent

[Destinyofsouls]

Going through a small claim with Nasty West. Sent AQ in and Cobbetts have replied in section G of 149 AQ:

 

The claimant has not shown they have reasonable grounds for bringing the claim and despite the Defendant requesting that the Claimant remedy the lack of particularity pleaded in the POC, the claimant has failed to do so.

Case managment directions cannot be proposed until the claimant fully particularises their claim. In light of this, the defendant may amend its defence or apply to strike out.

 

Cannot find any reference to this in the threads.

My POC was as follows:

 

 

destiny - CLAIMANT

 

And

 

Nasty West - DEFENDANT

 

PARTICULARS OF CLAIM

 

1. The Claimant has an account, number xxxxxxxx, sort code xxxxxxx, ("the Account") with the Defendant.

 

2. During the period in which the Account has been operating the Defendant has automatically debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges (“the Schedule”) applied is attached to these Particulars of Claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not genuine pre-estimates of costs incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of

i) the Unfair Terms In Consumer Contracts Regulations 1999 particularly but not limited to Regulations 5, 6 and 8 and Schedule 2, 1 e); and

ii); the Unfair Contract Terms Act 1977, particularly but not limited to sections 3 and 11 and Schedule 2 and;

iii) the common law and Case Law relating to liquidated damages and penalties in contracts.

 

c) To the extent that it is found that the Defendant’s charges are for the provision of banking services the Claimant contends that the price thereof is unreasonable pursuant to section 15 of the Supply of Goods and Services Act 1982.

 

6. Accordingly the Claimant claims:

 

a) the return of the amounts debited to the Claimant’s account in respect of charges in the sum of £892.00 as per attached Schedule.

b) Court costs; £80.00

 

c) Interest pursuant to section 69 County Courts Act 1984 at 8% per annum of £238.02

d) Interest pursuant to section 69 County Courts Act 1984 at 8% per annum from the date of the claim until the date of judgement/settlement at a daily rate of £0.19

STATEMENT OF TRUTH

 

I believe that the contents of these particulars of claim are true

I received the ususal Cobblers defence.asking me to particularise the and prove the clauses pursuant to which the charges were applied, identifying in each case the particualr breach of contract etc..

Should I have replied to this?

 

[livelylad]

This is a standard tactici from Cobblers. These links will help.

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

http://www.consumeractiongroup.co.uk/forum/natwest-bank/55874-letter-court-re-cpr18.html

[Parkvale]

Intimidating scare tactics. Usual scare tactics from a firm trying to scare you into throwing the towel in. As long as you have sent your charge spreadsheet to Cobblers and the court. Just sit back and wait for the court to give directions. Good luck.

[Destinyofsouls]

Thank you both for your quick replies. I was hoping it would be another scare tactic. I did not receive a CPR 18, so I did not need to reply to their defence did I not?

 

I understood that I would reply only if the courts asked me to. Do I just wait now for the court?

[fendyweather]

Yes, just wait for the court to direct what happens next. And dont worry, this is all standard stuff from Cobblers, trying to bully and intimidate. Dont let them. Ignore em.............. only do whatever the courts ask for, not Cobblers..................... Chin up.............. youre nearly home and dry. Fendy xxxx And dont worry. Nothing to worry about. Really .xxxxx

[Destinyofsouls]

Thanks fendy.

[fendyweather]

No probs, anytime. Pop right back when the drivel from Cobblers pops through the postbox again. Lol xxx After all, it gives us all a good laugh on here to know theyre trying it on again, BUT NOT SUCCEEDING............. lol xxx

[Sneaker]

Tintin2512 got exactly the same and is at the same point as you. I'd be interested to see both develop from this point.

 

Good luck.