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Hi... would really like info on bank charges!!!


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Hi Everyone.

 

Just wondering if anyone knows about bank charges that have asked for evidence in court? I have gone through the small claims system, and now their solicitor would like evidence from me....:o help!!! MUCH appreciated...!

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Hi Everyone.

 

Just wondering if anyone knows about bank charges that have asked for evidence in court? I have gone through the small claims system, and now their solicitor would like evidence from me....:o help!!! MUCH appreciated...!

 

 

Hi you need to start a thread in your banks forum and post what actions you have taken so far. Please post details of what the solicitor has asked for.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Hi. I have gone through the small claims system and Nat West have filed a defence. The solicitors have asked for the following info;

 

"In your claim you state that the charges are " an unfair panalty under theunfair terms in consumer contracts regulations 1999".

 

Please specify all of the facts relied on by the claimant in support of the contentions in paragraph 3 above and in particular please identify the regulations of the unfair terms in consumer regulations 1999 relied upon by the claimant in alleging that the contractual provisions referred to are unenforcable."

 

They have also asked for statements and dates which I can provide... I just need a little help with this bit!"

 

It would be MUCH appreciated.:)

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Hi Louise, welcome on board the nat west forum!

 

You've gone offline so I'll edit the post - hopefully you'll see it next time you log on!

 

Is this a CPR 18 request that cobbetts have sent to you? If so, you needn't respond to this unless the court orders you to do so. Send them the letter in this link http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

 

If you have a look in the nat west stickys, you'll also find a letter to send to the court as well.

 

Hope this helps, good luck! x

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Yes, Cobbetts have asked for evidence "pursuant to CPR Part 18 alternatively with regard to CPR Rule 27.2(3).

 

I can provide some of the evidence, but not sure about identifying the "Unfair terms in consumer contract regulations 1999"

 

Any comments, help would be appreciated!!!!

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As mentioned previously, you only need respond to cobbets part 18 request if ordered to do so by the court. Send cobbetts the letter here http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html with a copy of your schedule of charges. Send the court a copy of this letter here http://www.consumeractiongroup.co.uk/forum/natwest-bank/55874-letter-court-re-cpr18.html

 

Good luck!

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Don't worry - you'll be absolutely fine! Cobbetts are just being their usual selves - and you don't even have to respond to them. But send the letters in the links and sit back and wait for directions from the court. And don't panic - just post back at any time if you're unsure. Better to be safe than sorry! xx ;)

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Threads merged.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Hi guys,

 

was just wondering if I am supposed to have had an AQ from the court?! I have looked at the forum and it says that some courts are not issuing them because they know the banks are just wasting time... but I have heard so many other people talk about them on here and I am getting a little nervous that I haven't had one???!"!!

 

Any advice on what to do? Should I write to the court about my worries? or just leave it "no news is good news"?

 

Thanks:?

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Hi again louise,

 

Have you received a letter from the court advising that the AQ be dispensed with in your case?

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Hey Hedgey and Micheal.

 

I have just received today a letter from court saying the AQ has been dispensed with ~ thanx so much for your continuing support ~ it's been invaluable!!! Now I'm just keeping my fingers crossed... I hope I don't actually have to go to court! Ahh.... x

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Louise, if the court's dispensed with the AQ, have a good read of these two threads - you may find the second one particularly interesting Is your court dispensing with the Allocation Questionnaire?

New---after 28 Days - Maybe No Aq!!!!!!!

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Thanx again Hedgey! ~ I will SO need a huge glass of wine after all this.... It's like having two full time jobs!! I will leave it for a week and send one of the "nudge" templates I think... See how I get on ;) x

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Hmmm................ bet my glass of wine's bigger than yours tonight!!!

 

Send them a nudge in a week.............. it can't hurt. And let us know how you get on. x ;)

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Hi again guys!

 

I was wondering if someone PLEASE could help me! I have been reading and doing some research on other peoples threads and have found some have asked Nat West for a CPR part 18. Is that applicable in my case?

 

I have had a defense from Cobbetts and a letter from the court with the AQ sentence crossed out. And that's it for now...

 

Do I just wait now? I haven't sent a nudge letter either.. cos I'm getting a little confused with all the info!:confused:

 

I would really appreciate some advise and guidance!

 

Cheers

:)

xx

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Hi again guys!

 

Hi. I have decided to write to cobbetts and give them a "nudge" and give them a week tor repsond.

 

There is so much info! Some people have said about sending Nat West a CPR part 18. Is that applicable in my case?

 

I have found a thread that sends a draft order to court cos there's no AQ (Thanks to whoever that threads from, sorry I can't remember :?). I will send that in a week if I don't get any joy from Cobbetts!

 

~ cheers for everything.. good job I have got a couple of days off...!! xx

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Don't panic - you're doing fine! Have a look through this thread here http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html (post numbers 1 and 2). You can still send the draft order for directions to the court - they may not be granted, but then again they may! Have a look at it, do a draft and post it on here for comments if you like. But above all, don't worry - you're two thirds of the way there now! ;)

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Hi Louise

 

Don't worry about CPR Part 18 unless you have receieved a letter from Cobbetts asking for further information other than their defence.

 

Is the letter with the AQ sentence crossed out from MCOL or your local court? If its from MCOl, don't do anything until you hear from your local court. If it is from your local court do this

 

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Thanks Steven!

 

I posted a "nudge" to Cobbetts today before I read your reply...! I thought I would give them a week then send the draft order... Partly cos I would prefer them to offer me a settlement!?

 

Do you think it is best to sent the draft order now too?

 

You are a * for the great advise ~ thanx so much!

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Louise, the draft order goes to the court - only the judge can grant the order, not cobbetts. If you want to use the draft order, send it to the court with a copy to cobbetts.

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Thanks again hedgey!

 

It makes it so much better for all of us that we have this forum to share ideas and worries!

 

I will have a look at the draft order template, try and get it sorted in my mind, write my own one, then post it here!

 

It'd be great if you'd have a peep and tell me what your thoughts are!

 

Cheers xx

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No worries - post it up when it's done. ;)

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Hey!

 

I felt like my head was going to explode when I first saw all the legal jargon, but now I've had a chance to sort through it, I don't think it's TOO bad?!

 

I basically used the templates to send to the court, but took out parts about previous cases.. cos I don't know anything about them - eek!:eek:

 

This is the letter that I will send to Cobbetts: here goes!!!

 

Please note the enclosed Draft Order for Directions that I have sent to Bedford County Court for their consideration. I again ask for this matter to be settled before any court action is taken. To substantiate my offer I draw your attention to the following order:

 

“Yorkshire Bank has been told that it may have to outline the "true cost" of bank penalty charges it imposes.

Judge Iain Besford made the order at Hull County Court when hearing seven claims for refunds of bank charges.”

 

(BBC News 4th July 2007)

 

 

I request the sum of £XXXX, inclusive of court charges.

 

Yours faithfully,

 

 

Any thoughts? Thanks a million for your support xx

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