URGENT: T&Cs for NatWest credit card 2000/2001

[steven4064]

Hi P

 

Where are you in your claim? If you are pre filing in court, write to Borehamwood and ask them to send you the required T&Cs. If you have already filed, then write to Cobbetts and ask them for them "pursuant to Pre-Action Protocol 4.6©". Copy the letter to the court.

[steven4064]

Relevant bits from the CPR

PRACTICE DIRECTION – PROTOCOLS

 

1.3 Pre-action protocols outline the steps parties should take to seek information from and to provide information to each other about a prospective legal claim.

 

2.1 The Civil Procedure Rules enable the court to take into account compliance or non-compliance with an applicable protocol when giving directions for the management of proceedings (see CPR rules 3.1(4) and (5) and 3.9(e)) and when making orders for costs (see CPR rule 44.3(a)).

 

2.2 The court will expect all parties to have complied in substance with the terms of an approved protocol.

 

4.6 If the defendant does not accept the claim or part of it, the response should –

 

(a) give detailed reasons why the claim is not accepted, identifying which of the claimant's contentions are accepted and which are in dispute;

 

(b) enclose copies of the essential documents which the defendant relies on;

 

© enclose copies of documents asked for by the claimant, or explain why they are not enclosed;

 

(d) identify and ask for copies of any further essential documents, not in his possession, which the defendant wishes to see; and

 

(e) state whether the defendant is prepared to enter into mediation or another alternative method of dispute resolution.

You can read the whole thing here

[steven4064]

And if they don't come up with the goods you make that point clearly in your statement of evidence (if you get to do one). Eg in my BrightHouse claim we put

Note: A copy of the full agreement, including the referenced clauses 9, is not available since the Defendant has failed to supply a copy despite a request pursuant to CPR Pre-Action Protocol 4.6©.