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Help With Defence Forms Urgently Needed!


jayney_T
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Im currently claiming £1,500 back off NatWest and have just received the defence forms from their solicitors (it says: This request is served in persuant to CPR Part 18 alternatively with regard to CPR Rule 27.2(3) ). they're asking for schedule and acc details etc which is no problem but also they're asking:

 

In relation to each charge - is it the case i should not have been charged? if yes please explain why i shouldnt of been charged...

if no

is it the case i shouldn't of been charged this amount?if yes please identify the sum i should've been charged...

if no

please state my case

 

what do i do? i wish they'd just pay up!!!!!

 

please can anyone tell me whats best to do in this situation.....

 

Thank you thank you thank you!!!

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jaynet T

 

I hope you submitted your claim with the schedule as advised on this site. If you have not done so, you will need to respond to the defendant and the court with further information fully without delay.

 

CPR Rule 27.2(3) means "The court of its own initiative may order a party to provide further information if it considers it appropriate to do so."

The following link shows you all the CRP Rules and their meaning:

CPR - Parts and Practice Directions

Spreadsheet for the schedule of claims for charges:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

If you do not provide more information for the court and the defendant to support your claim, your case could be struck out for lack of details.

 

You must provide your account number and name in your particular of claims at least

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jaynet T

 

Do not respond to the defendant and the court in a rush. Make sure you have calculated the full claims on a spreadsheet as shown in the link above.

 

State in your covering letter that the charges are disproportionate being extravagant and excessive for each of the purported breach of contract.

 

If you need further help, shout and do not make mistake again.

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CPR Rule 27.2(3) means "The court of its own initiative may order a party to provide further information if it considers it appropriate to do so."

Precisely, "the court". This letter comes from Cobbetts (presumably) and is designed to intimidate you with legal mumbo-jumbo. CPR part 18 does not apply to the small claims track so you can ignore that unless you want to send the CPR-18 get lost letter (http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html)

 

As they so nicely tell you, CPR part 27 says the court can ask for further information so you don't need to do anything unless the court asks you to.

 

THis is typical Cobbetts nonsense - treat it with the contempt it deserves.

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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Great thanks.

I had sent my schedule to natwest but not to anyone else.

so just to confirm:

i now need to forward details of my account and schedule of charges to MCOLL and Cobbets solicitors (is there a template for this anywhere?) should i just include a comment about excessive charges and lack of communication during the 3 months of letters asking for refund???

do i just need to ignor that bit about:

In relation to each charge - is it the case i should not have been charged? if yes please explain why i shouldnt of been charged...

if no

is it the case i shouldn't of been charged this amount?if yes please identify the sum i should've been charged...

if no

please state my case

sorry to repeat myself but i really dont want to make any mistakes again..

 

thank you so much!

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Simply send the schedule of claim for charges to MCOL and another copy to cobbet Solicitors. No more. Send your letters recorded.

 

In your short covering note for both MCOL and Solicitors, state:

 

Dear Sir/Madam

 

Claim No: ??????????

Case: Claimant v Defendant

 

Please find an updated copy of the schedule of claim for charges relating to this case for your perusal and file.

 

Yours faithfully

 

 

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  • 1 month later...

Hello!

 

Since my last note, i have served the claim, and since NatWest didn't acknowlege or defend my claim in the allocated time, ive entered judgement by default. i completed an N225, forwarded to the courts and they issued it direct to Natwest on 27/07/07.

 

So this morning i called up the customer relations line to find out who i chase up my monies with and was given a london number for their legal team, i spoke to a guy who couldnt find any record of the claim!!! He insisted they couldn't of received anything or they would've replied!!!! (YEAH RIGHT - 8 months and not one piece of correspondence rec'd in reply to my letters!!) then he asked who i'd served the claim with, when i told him my local branch he said they "couldn't of received anything either or they wouldve forward details to them!!!"

 

I am livid because everything i posted to the branch was sent Recorded Delivery and presumably the mail from the Courts would've been sent that way too!!! the guy from the legal team has asked me to forward all the paperwork i have via fax immediately, but as im at work at the moment, it'll be tomoro now, im really annoyed with them!!!!

 

Has anyone any experience/advice/help on this matter!!!!! IM SO FRUSTRATED!!! its been going on for 8 mths now!!icon8.gif

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Hi Jayney

 

I don't think it is your responsibility to sort out NatWest's internal problems!

 

Nattie, who usedto be a member of this site, is a NatWest employee and said that any thing like this would be forwarded automatically to customer services at Borehamwood. So you stuff must be somehwere between your branch and there. It might be worth ringing your branch and seeing what correspondence relating to the claim they have.

 

 

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