Really Confused, Help Needed!!!

[Meikle70]

Hi,

I have recieved a defence from RBS. It is really confusing. Like others they have started that they want List of charges with dates, amount and explanation and that I am fine with. However the also say:

 

"Please Specify All of the facts relied on by the Claimant in support of the contentions in para 3 above, in which and inparticular please identify the regulations of the 'Unfair Terms in Consumer Contract Regulations 1999' relied upon by the Claimant in alleging that the contractual provisions referred to are unenforceable"

 

What do i do about this? I have no idea what to put!

 

Also what exactly do I send to them, apart from the list of charges?

Is there any template letters I can send as well?

 

Also which court do I send them to? The Northampton court or my local court?

 

Thanks

[texel]

I would deal with your local court. Now with regards to all the guff they are requesting. How far are you on with regards to timing have you filed a small claims case? are you doing a small claim or a summary claim? After you have given them time to return your funds ( forget the guff they are asking for) then file a case with the court giving details of how much you are claiming along with a spread sheet showing all the figures. and then just wait. You may get a telephone call or a letter stating they are going to defend the suit. Ignore that I have had several situations like that especially from RBS however they have never turned up in court and all cases have been settled out of court to the figures I was seeking. Don't get flustered keep everything simple it works. and best of luck. If I can help in any way just let me know.

[paulomarto]

hey I got the same, I assume its from cobbetts solicitor I sent a reply along the lines of "This goes beyond the scope of a Part 18 request and also believe it to be intimadatory in nature and I intend to bring this to the attention of the court"

[Meikle70]

Hi,

Thanks for the help. I have filed smalls claim and they have entered a defence of which I have recieved. It is the info they need back that i need help with.

They requested info on charges which i have but the rest I dont know what to put. As i said above I dont understand what they mean about the Regulations etc. Also what letter do I send with them, or do i wirte my own?

Thanks

[Meikle70]

Hi,

I just been reading posts in NatWest section as they have Cobbetts too. I have seent that I need to send a Copy of the CPRPart18 Letter as well as my spreadsheet of charges.

Is that all I need to send at this time?

Do i need to send a Particulars of Claim as well?

 

I stressing now as it needs to be back soon. Thanks

[Kurt_Hamster]

Hi,

I just been reading posts in NatWest section as they have Cobbetts too. I have seent that I need to send a Copy of the CPRPart18 Letter as well as my spreadsheet of charges.

Is that all I need to send at this time?

 

If you didn't supply the schedule of charges with your claim (presumably you used MCOL to issue your claim?). Then yes you need to send that to both the court and to Cobblers.

 

Do i need to send a Particulars of Claim as well?

 

No you don't need to send that as they will have already received a copy of your N1 when they were served.

 

Once you have been allocated to your local court you can forget about Northampton as that is just a clearing house for MCOL claims. Any documentation you now send goes to your local court (or the one the case is allocated to).

 

I stressing now as it needs to be back soon. Thanks

No need to stress, it's not good for you. This is what the Cobblers letter is supposed to do to you, ignore their tone, supply them with documentation they ask for (and copies to the court) and ignore any of their questions.