Help against Natwest/Cobbetts...

[joe28]

Hi

Hoping for help:confused:

Received defence from cobbetts today, and realise i have made a few errors. i have made my claim through MCOL and have not stated my account number. second i havent forwarded a schedule of charges to the court although sent to the bank. Finally 3 of the charges go outside the 6 year limit.

Should i send an ammended schedule or stick to the origanal as the ammended will not add up to the figure given to MCOL.

Cobbetts have requested more info persuant to CPR part 18, asked to provide a response to CPR 18 in 12 days or they will request an order striking out the claim in view of the deficiences in the way the claim is pleaded.

Is all lost

 

Thanx to all who help

[hedgey06]

Hi Joe, welcome on board the nutty west forum.

 

Firstly, don't panic as all isn't lost! You can file an amendment to your claim, see here Form N244 - application notice It costs £35 which you cannot reclaim - but it's worth it to ensure your claim is correct. Update your schedule of charges and forward it to the court as well, and I'd be inclined to leave the three pre-six year charges in the schedule.

 

With regards to the CPR 18 request, you're not actually obliged to complete this at all unless the court direct you to do so. So, if Cobbetts have asked for this to be completed as opposed to the court, send them this letter http://www.consumeractiongroup.co.uk/forum/natwest-bank/55874-letter-court-re-cpr18.html along with an up to date copy of your schedule of charges.

 

Which county court have you filed with (just being nosy!!!)

[joe28]

Thanks

The claim is filed at Northhampton. Is it not possible to ssend the schedule and ask this to be attached to my file.

[hedgey06]

If it's at Northampton you can expect the claim to be moved to your local county court now that cobbets have submitted their defence. You can't just send the schedule and ask for it to be attached as this is classed as an amendment. Once you get to the court stage with your claim (which you're at now!) you have to follow the procedures laid down by the county court system - and that means you have to file an N244 amendment form to ensure your claim is completely accurate.

[joe28]

£35 quid it is then if it puts 2 grand back in my pocket its worth it. If i update my schedule of charges is this not going to conflict with the figures already given to the court as the interest amount will have risen, or does the ammendment allow for this.

[hedgey06]

I don't think it'll matter to be honest - you're amending your claim anyway so once you've done your amendment form, attach an up to date copy of your schedule of charges. Check your claim thoroughly as if you have to make further amendments to your claim at a later date, it's £35 each time you file the form!!!

[joe28]

Sorry to sound completly numb, but can this be done on Mcol or do i need to just download the form and send with a cheque.

[hedgey06]

I'm pretty sure you have to download the form and send it off with the fee. If you have a look at the notes on the first page (small print) it says to send off to the court with the fee. Make sure you send a copy for cobbetts and keep a copy for your own records as well. Hopefully, Michael Browne (brilliant on the legal stuff) will have a look at your thread and correct me if I'm wrong. Just a thought, but have you checked MCOL to see if the case has been transferred to your local court yet??? If it has, you'll need to send the info to them as opposed to MCOL. In fact, it's probably worth waiting and submitting to your local court!

[joe28]

Should i also send the letter re:CPR18 request with this.

Many Many Thanks.

[hedgey06]

No, the letter (plus correct schedule of charges) goes to Cobbetts, but send the court a copy anyway with a short covering note asking for the info to be added to your claim file.

 

Can I just check as well? You said you missed your account number off the original claim submitted via MCOL????

[joe28]

Yes

[hedgey06]

When you complete the N244, I think you'll need to file an amendment to your original particulars based on particulars from here:

4. Particulars of claim - N1 - hard copy version This way, you can make sure that you add the account number plus the up to date schedule. I'm also going to ask Michael Browne to have a look at this for you - I think you need somebody really experienced on the legal side to check out your thread and make sure you get everything spot on with the amendment. I'll send him a PM. Good luck - keep us posted! Hedgey xx

[joe28]

thanks again

[hedgey06]

Joe, have a really good read through this thread as well http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html?highlight=messed+up+claim Don't worry where it says Lloyds/[problem] - it's a sticky in the Lloyds forum but it may be useful for your to read before doing any amendments.

[Michael Browne]

Yes, do exactly as Hedgey advises and follow all the links given:

 

1. Send Cobbetts this letter Letter to Court re CPR18 request along with an up to date copy of your schedule of charges.

 

2. You can't amend on-line, so wait until your claim is transferred to your local court.

 

3. See here Form N244 - application notice

 

N1 Claims form in .PDF format with form filling

N1 Claims form in .PDF format with form filling

N1 - hard copy version - Particulars of claim

4. Particulars of claim - N1 - hard copy version

 

4. For advice on how to fill in N244 see:

The "Claim Too vague" defence and guide to amending a claim