Proffessor V Natwest(defence Filed)

[proffessor]

I have this morning received a defence from COBBETTS DIRECTLY.IM still awaiting the court;s one.Quite a long defence which i will post in about an hr for help and advice.

THEY HAVE STATED THAT on allocation the defendant invites the court to direct there be a case management conference in order for the court to consider making appropriate orders to give claimant the opportunity to particularise claim.

ON MY CLAIM FORM I REFERRED TO COMMON LAW,UTCCR1999,SUPPLY OF GOODS AND SERVICES SECTION 15..SENT THEM THE LIST OF CHARGES AND AFTER FILING SENT THEM A REVISED LIST WITH INTEREST.

WILL POST THE FULL DEFENCE AND MY P.O.C. AS WELL.

[wok]

Ours came directly from Cobbetts and is very long winded! Will look forward to reading yours and likewise need help and advice.!

[proffessor]

Hi Wok, thx for message.did yours include a request for a case management conference on allocation?

[wok]

No i'm afraid not. They are asking for further info and clarification and they also state the CPR Rule 27.2(3). At present do not know what this is. I am also not sure if you have to actually reply to Cobbetts direct.

[proffessor]

FULL DEFENCE AS FILED BY COBBETTS.(AWAITING COURT'S COPY)

1.The defence is filed and served without prejudice to the defendants case that the P.O.C do not disclose reasonable grounds for bringing a claim against the defendant to recover the bank charges referred in the p.o.c or any sums.In the event that the claim is not properly particularised then the defendant will apply to strike out the claim and/or for summary judgement.

 

2.On allocation the def invites the court to direct a case management conference so that the court can make an appropriate order feor the claimant to properly particularise claim

 

3.No admissions are made as to what charges have been debited

4.In relation to the allegation that the contractual provisions pursuant to which the chrges have been applied are unenforceable by virtue of the unfair contract terms 1977 and UTCCR 1999,AT COMMON LAW ,THE CLAIMANT IS REQUIRED TO IDENTIFY

4.1 (A)THE sections of the U C TERMS 1977 (B)THe regulations of utccr 1999 [c]the principles of common law relied upon by claimant that the contractual provisions referred to are unenforceable

4.2 The contractual provisions that the claimant allege are invalid by reference to UCTA 1977(PLS NOTE I USED UTCCR 1999), until such time as these sections/regfulations/provisions are identified,the def cannot [save as below]plead to the allegation referred in para 4 above.the defendant therefore reserves the right to plead further to the allegation once the claimant identifies the relvant contractual info

 

THE REST TO FOLLW....5,5.1,5.2,5.3,5.4,5.5 AND 6

[proffessor]

5. In relation to the case of the claimant that the charges must be reasonable within the meaning of section 15 SUPPLY OF GOODS AND SERVICES ACT 1984.[sGSA], the def pleads,

5.1the claimant is required to plead and prove the necessary factors in the SGSA concerning the contract b/n the 2 which mean that pursuant to SGSA section 15 , there is an implied term that the claimant pay reasonable charge for the service under the cntract

5.2 Further,the claimant is required to plead and prove that[a]the charges are unreasonable, all the facts and matters relied upon by claimant in support of the case would have been reasonable

5.3 In the circumstance no ground are disclosed for a claim that the def has acted n breach of SGSA section15

5.4 In the circumstance(sav as appears below}the def is unable to plead to this allegation beyond denying that it has acted in breach of SGSA section 15 at all. and also to the allegation once the defects in the pleaded case referred to in para 5.1-5.3

5,5 IT is the case of the def that the contract b/n the 2 does not fall within SGSA section15[a]the consideration for the service would be determined by the contract b/n the 2. was not letf to be determined in a manner agreed by the contract or determined by the course of dealings between the 2.

help needed please, please.

[proffessor]

Hi Wok, sorry mate cannot help there as im in the same boat;dont know whether to reply to COBBETTS and if so what to put in response.We will have to wait for a moderator or someone with the knowledge to answer our questions.

i sent them yy prem letter on 28th April

lba on 17th may

filed in person on 7th june

received ack of service on 20th

sent a list of charges to cobbetts on 26th of june

received defence directly from COBBETTS today 5th july

[hedgey06]

Hi Professor, welcome on board the nat west forum!

 

This is a standard defence from cobbetts - including the bit where they're asking for a case management conference. It's almost word for word the same as most defences they send out.

 

Do nothing - you'll receive notification of the defence being filed by the court within a couple of days. Or send a short letter to cobbetts acknowledging receipt of the defence and attach a schedule of charges. The court may or may not ask you to complete an AQ (Allocation Questionnaire) - but just post back here when you receive notification from the court and we'll advise you what to do.

 

Sit tight for now!

[proffessor]

THANKS Hedgey06. I appreciate your response. will sit tight and wait for the AQ.WILL DEFINETELY KEEP YOU POSTED.

T:) HANKS ONCE AGAIN

[hedgey06]

No problem - have a look at the post I made above............ forgot to mention that you could (if you wanted to) send a short letter to cobbetts acknowledging receipt of their defence.

 

But don't worry about the defence itself - they're all pretty standard from cobbetts!

[proffessor]

SORRY Hedgey06, i couldnt find the post you were refrring to.i want to send COBBETTS acknowledgement,could you pls post the acknowledgement letter for me as i want to do everything by the book. sorry for being a pain.

[hedgey06]

Re: your claim number

Ref: cobbetts reference number

 

Dear cobbetts,

 

On xxxxxxx I received a copy of your defence in the above case.

 

For your information, I attach a schedule of the charges I am reclaiming from your client.

 

Yours sincerely,

professor

c.c. xxxxxxxx county court

[amills58]

Hi i'm at that stage to, my cobbetts defence arrived yesterday

 

I sent them this today (with hedgey06's help)

 

Dear Sir

Claim No: 7QZ80170

 

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

Account Name: MR A MILLER

Account number: *******

Sort Code: ******

 

Please also find enclosed a breakdown of all charges I am claiming, one is the bank Charges interest calculator originally sent to NatWest and the other is Schedule of claim for charges.

 

Yours Faithfully

 

 

Will have to wait for the courts now I guess....

[proffessor]

Hi Hedgey06 and amills58.thank you very much for your quick response.will do the letter tomorrow and send it off.very grateful for your help and will keep you posted

[proffessor]

Hi just to inform you that i received cobbetts defence from the court this morning.there was no allocation questioner attached.it basically states:pls find enclosed a copy of the defendants defence for your records.do i sit tight or ring the bank as when i will receive further directions.cheers

[hedgey06]

It might be worth phoning the court and finding out if the allocation questionnaire has been dispensed with as my AQ came with a copy of cobbett's defence straight from the court.

 

If the AQ has been dispensed with - post back on here and let us know.

[proffessor]

I phoned the court as advised and i was told that the case has been sent to the judge so i should wait for further correspondence.i think i will phone back to clarify with the court again.thx for the reply