NatWest claim - information request from Cobbets

[isambard1000]

Hi this is my first post...

 

I'd be really grateful for any advice, I feel really out of my depth.

 

I'm pursuing NatWest for £1166.79 (including interest) paid in unlawful bank charges.

 

So far I've followed the advice on 'moneysavingexpert' - written letters to the bank, threatened to take them to court, and then on 18th June issued a claim with the small claim court.

 

I've just received a boggling package of information from Cobbetts (which I imagine is half intended to intimidate me into giving up). Along with a covering letter there are two documents - 'Defence' and 'Request for Further Information', on the covering letter it states that they have 'filed a copy of the same with the Court'.

 

I’m confused do I need to supply them with the information they request (and what have they requested, is CPR Part 18 a form I need to get hold of and fill in; have they requested this as well as the other information outlined)? I’ve read on other threads about a standard response to CPR Part 18, is this what I should supply?

 

The first note on their ‘Request for Further Information and Clarification’ specifies ‘CPR Part 18 alternately with regard to CPR Rule 27.2(3)’ I haven’t found much information on this forum about CPR Rule 27.2(3)???

 

I’ll transcribe the ‘Request for Further Information and Clarification’ below, I hope this helps:

 

REQUEST FOR FURTHER INFORMATION AND CLARIFICATION

 

NOTE – IMPORTANT

 

1. This request is served pursuant to CPR Part 18 alternatively with regard to CPR Rule 27.2(3).

 

2. The reason(s) why this request has been served are set out in the Defence which has been served by the Defendant.

 

3. You are asked to provide a response to this request in accordance with CPR Part 18 by 2 August 2007.

 

4. If you are unable to provide a response by this date then you are asked to contact the Defendant’s solicitors promptly and tell them when you will be able to provide a response.

 

5. In the event that you do not provide an adequate response to this request by this date (or such other date as may be agreed with the Defendant’s solicitors) then the Defendant can apply to the Court for an order requiring you to provide the information requested or (in view of the deficiencies in the way that the claim is pleaded) an order striking out the claim(s).

 

The Request

 

1. In your claim you state: “the Defendant debited numerous charges from the claimant’s account”.

 

2. Please provide the following particulars in support of your claim:

 

2.1. To what account(s) (giving details of the account name, number and sort code) were the charges applied.

 

2.2. In relation to each charge please identify (a) the date when the charge was charged; (b) the amount of the same; and © the reason(s) given for the charging of the same.

 

2.3. In relation to each charge, please clarify the following: (a) is it the case of the Claimant the same should not have been charged? (b) If yes; please explain why the Claimant contends that the same should not have been charged? © If no; is it the case of the Claimant that the same should not have been charged in this amount? (d) If yes; please explain why the claimant contends that the same should not have been charged in this amount and identify the sum the Claimant contends should have been charged. (e) If no; please state the Claimants case.

 

3. In your claim you state that the charges are: “an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999”.

 

3.1. Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 3 above, in particular please identify the regulations of The Unfair Terms in Consumer Contract Regulations 1999 (‘the Regulations’) relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable.

 

Dated this 19 day of July 2007

 

I’d be really grateful for any advice – what do I do next?!

 

If it's helpful I can transcribe ‘Defence’ too?

[hedgey06]

Hi isambard, welcome on board!

 

This is a standard intimidatory tactic that cobbetts make (particularly when you file via MCOL). You only respond to the CPR part 18 request if the court orders you to do so.

 

Click on the 'CPR Part 18 Response' link (on my signature) and send them the letter there along with a copy of your schedule of charges. That should suffice for them! With regards to the defence - I imagine it's one of their standard templates full of legal jargon that it isn't worth the paper it's written on as they have no real intentions of defending your claim at all!!! Don't worry - all standard cobbetts tactics!!

 

Best of luck - keep us posted on your progress

[isambard1000]

Thanks for your help Hedgey...

 

I used your CPR Part 18 response template and sent a copy to Cobbetts and to the court yesterday.

 

Today I have a couple of questions:

 

1) I've received a 'Notice of Transfer Proceedings' this morning, the claim has been transferred to a local court - Clerkenwell & Shoreditch. Stapled to this notice is a sheet which says "without hearing. It is ordered that:- 1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details."

 

I’ve read on other threads that even though it isn’t necessary it is advisable to complete a Draft Order for Allocation Questionnaires and send it to the judge as a ‘respectful suggestion’ (I guess I’d need to know who the judge is first?). What do you suggest?

 

2) This morning I noticed that I’ve discovered a mistake in my claim… I’ve asked the bank to payback fees which go back a little more than 6 years. I imagine the six years is from the date of my initial letter to the bank requesting these fees to be refunded. Is there anything I can do about this… I feel like a bit of an idiot because for less than £42 I light have jeopardised my claim?

[hedgey06]

I’ve read on other threads that even though it isn’t necessary it is advisable to complete a Draft Order for Allocation Questionnaires and send it to the judge as a ‘respectful suggestion’ (I guess I’d need to know who the judge is first?). What do you suggest??

 

I'd suggest sending the draft order for directions anyway. You could also request that their defence be struck out as an abuse of process - so basically you'd do everything the same as if you had an AQ............ without the AQ!!

 

This morning I noticed that I’ve discovered a mistake in my claim… I’ve asked the bank to payback fees which go back a little more than 6 years.

 

Don't worry about this - I have some pre-6 year charges mixed in with my own claim. If it gets to the stage where you need to submit a court bundle/attend a hearing there's plenty of material on site that you can use to ensure these are also refunded (e.g., s32 Limitation Act).