Have just received a copy of Cobbetts AQ - is this a good or a bad sign?

Hi, does anyone happen to know where I can find the thread containing suggested 'nudge' letters that can be sent to the bank's solicitor's? I used the template for nudge 1, but have had computer troubles and have lost link to thread so I can send nudge letter 2. It's like finding a needle in a hay stack!

sorry one thing....do I need to copy all six years of statements to go with the draft order? As I understand it I have to send a copy of the AQ and the statements to both the courts and cobbetts, so this means making two more copies of all these statements????!!! Where do I get this stuff from?

thanks hedgey, couldn't tip ytour scales again as it appears I've been favouritising!

Ok, so I'm a little clearer now about the AQ, but is it too late to send a copy of my cpr18 response plus complaint about bank's style of litigation to the court? Also, I have a section in my AQ that I'm not sure how to respond to: 'Do you intend to make any applications in the immediate future? If yes, what for?' My dad has another two accounts that he wants help claiming back charges on. Does this count as another application? Do I answer yes? help!

thanks!

yeah it is, just can't seem to find where I put the last one...

Hi all, just got an AQ from the court and have filled it out, but am unsure what to do about this draft order for directions. If I send it, does it mean I have to send a copy of all six years worth of statements to the court as well as to Cobbetts? Also, I had meant to send a copy of my response to the CPR18 that I sent to Cobbetts to the courts aswell (along with a complaint about the whole CPR18 thing and vexatious litigation etc..), but have been unwell and didn't get around to it - is it too late to send it in now? My claim is for just over £13,000 - how likely is it that the banks will settle before going to court? I am a bit daunted by it all to be honest...

thanks, got a link to a template I can use? I am completely lost on this forum now, can't seem to find anything! ALso, I did once read a thread that had a template for complaining to courts about Bank's issuing CPR18 - happen to know where I can find that? :?

I've already sent the response to the CPR part 18 as I was running out of time and panicked! Is the draft order necessary? WIll it help my claim? If not then I would rather not have to do it as all this legalese and jargon is giving me a migraine Do I now just wait for a response from cobblers?

This is my response to the CPR18, any pointers/ideas/thing's I've missed? IN THE LEICESTER COUNTY COURT CLAIM NO. XXXXXXX BETWEEN XXXXXXXXXXXXXXXXXX Claimant -and- NATIONAL WESTMINSTER BANK PLC Defendant RESPONSE TO REQUEST FOR FUTHER INFORMATION AND CLARIFICATION NOTE- IMPORTANT This response is served pursuit to CPR 18 The Response 1. In response to Para 2.1 and 2.2 (a)(b); of defendants request please find herewith (attached Schedule one) a break down of the charges applied to the claimants account this includes the claimants account number sort code and the dates of the charges were applied, the reason and the interest accrued on each charge. 2. In response to Para 2.2; of the defendants request, the claimant has already explained why the charges should not have been applied but for the avoidance of doubt the claimant alleges that the charges are Penalty charges and are therefore irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79, along with Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. 3. In response to Para 2.3(a) Yes, the claimant should not have been charged an amount above the true administrative cost incurred by the respondents, In response to Para 2.3(b) the claimant should not have been charged for reasons outlined in Para 2. In response to Para 2.3 ©The claimant argues that each charge debited by the Defendant from the Claimant’s bank account should not have been charged in the amount that was charged. It is the Claimant’s case that each charge is a disproportionate penalty in that each charge does not truly represent the actual cost to the Defendant. 4. In response to Para 2.3(d) The Defendants have asked what the claimant should have been charged, to answer this the claimant will need a break down of the administrative cost incurred by the defendant in applying the said charges. Had the Claimant been made aware of the breakdown of each and every charge debited, the Claimant would have been able to reply to this particular request. 5. In response to Para 5, The Claimant specifically pleads that the charges debited to the Claimant’s account by the Defendant are automatically unfair because, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract (which the Claimant pleads is invalid in any event) to the detriment of the Claimant. “Good faith” (as defined by the Unfair Terms in Consumer Contracts Regulations 1999) means that that the Defendant must deal fairly and openly with the Claimant. The Defendant has not dealt fairly and openly with the Claimant. Further, as the contractual term (i.e. each and every charge debited from the Claimant’s account according to the “contract” entered into by the parties pursuant to the Defendant’s terms and conditions, as well as the terms and conditions themselves) was not individually negotiated and was drafted in advance, the Claimant was unable to influence the substance of the term, making it unfair. In the absence of a breakdown of the Defendant's liquidated losses and/or actual costs of each and every charge applied to the Claimant's account, the contractual term in force at the time of the charge forced the Claimant to pay a disproportionately high sum to the Defendant in compensation for the Claimant’s alleged failure to fulfill his obligation. If the defendant requires any further information, the claimant will be happy to provide this once the discloser of documents/information has been dealt with by the court. Sincerely,

well, I have been advised to start my own thread and I think this is a good idea as I am getting rather confused with all the diferent threads and links to threads.....sorry for the repetion but my CPR18 is due tomorrow and I am still unsure as to how to proceed, so here goes.... My dad started the process of claiming back his charges but miscalculated the interest and never sent a schedule of charges to the bank. By the time I stepped in to help the Bank's solicitors Cobbetts had issued a CPR18. In claiming back my own charges I never got to this stage as the bank refunded well before then. I called the county court where the case had been transfered to to find out what to do about amending the claim amount and I was told to send them a letter detailing the change. I did this and also sent a letter to cobbetts along with a full schedule of charges. We recently received a letter from the county court saying that the allocation questionnaire would be dispensed with unless order by the DJ. Now I need to know: 1) do I need to send a draft order to cobbetts and the judge? 2)I have a template for the CPR18 response, do I use this and send it to cobbetts with the draft order (as the response is due tomorrow)? I have also already sent the bank a nudge letter requesting that they settle out of court for the full amount rather than draw out the process further. Can anyone advise me further on this as I am feeling rather out of my depth and I must admit a little intimidated by it all! My dad's claim amount is over £10,000 so it is very important that we win this! thanks in advance!

ooops will do, just getting a bit panicky!!!

do I need to send a draft order for directions as well as this CPR18 response? If so, my response needs to be in by tomorrow (arrrgghhh!) so should I send them together? thanks!

any help out there? I have to post this response first thing monday or I will miss the deadline!!!!

Hi, I have finally managed to cobble together a response to the CPR18 issued to me by cobbetts, I am posting it here for some advice or for some of you more experienced posters to give the once over: IN THE LEICESTER COUNTY COURT CLAIM NO. XXXXXXX BETWEEN XXXXXXXXXXXXXXXXXX Claimant -and- NATIONAL WESTMINSTER BANK PLC Defendant RESPONSE TO REQUEST FOR FUTHER INFORMATION AND CLARIFICATION NOTE- IMPORTANT This response is served pursuit to CPR 18 The Response 1. In response to Para 2.1 and 2.2 (a)(b); of defendants request please find herewith (attached Schedule one) a break down of the charges applied to the claimants account this includes the claimants account number sort code and the dates of the charges were applied, the reason and the interest accrued on each charge. 2. In response to Para 2.2; of the defendants request, the claimant has already explained why the charges should not have been applied but for the avoidance of doubt the claimant alleges that the charges are Penalty charges and are therefore irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79, along with Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. 3. In response to Para 2.3(a) Yes, the claimant should not have been charged an amount above the true administrative cost incurred by the respondents, In response to Para 2.3(b) the claimant should not have been charged for reasons outlined in Para 2. In response to Para 2.3 ©The claimant argues that each charge debited by the Defendant from the Claimant’s bank account should not have been charged in the amount that was charged. It is the Claimant’s case that each charge is a disproportionate penalty in that each charge does not truly represent the actual cost to the Defendant. 4. In response to Para 2.3(d) The Defendants have asked what the claimant should have been charged, to answer this the claimant will need a break down of the administrative cost incurred by the defendant in applying the said charges. Had the Claimant been made aware of the breakdown of each and every charge debited, the Claimant would have been able to reply to this particular request. If the defendant requires any further information, the claimant will be happy to provide this once the discloser of documents/information has been dealt with by the court. Sincerely, I have also sent a letter to both the courts and cobbetts detailing my revision of the claim amount with a copy of the schedule of charges (as advised by the court over the phone). and a nudge letter to cobbetts asking them to settle out of court for the full amount and save us all time and money. Q1) Is this CPR18 response accurate/sufficient? Q2) Do I still need to send a draft order (even though I've been told that an AQ will be dispensed with unless the DJ orders otherwise)? Thanks for all the help I've had so far, just need to tie it all together now to make sense of everything and get this dreaded mess over with.

I am helping my dad to reclaim his charges and he has been sent a CPR18 with a defence from Cobbetts (Natwest solicitors), He also received a transfer letter to his local county court which also orders that the AQ be dispensed with unless the DJ orders otherwise. Should we respond to the CPR AND submit a draft order for directions? I have just sent a nudge letter to the solicitors, but am unsure what to do regarding the draft order and the CPR - any ideas?:?

I can't believe that it was the cell width after all! It's not like I have never used excel or anything - my head is just so full with figures, legalities, what can and can't be reclaimed.......they sure make you work hard to get your money back!!! THANKS!

the sheet doesn't appear to be protected and I'm not sure where this options>show formulas is....look forward to some more suggestions when you get a chance - thanks!

Can anyone help???? I have been entering my charges on the England simple excel spreadsheet and am down to row 222 (yes, I have a LOT of charges!), everytime I enter en amount into column C it causes the total in column F row 247 to turn into #####. Does anyone know why this happens? :? :? :?

I am helping my dad to claim back his charges but have gotten invloved at a late stage. He had already (incorrectly)calculated the total sum and (misguidedly) included a few interest charges that you can't claim back. I am now going through everything again and amending it thanks for the help!

thanks for the encouragement! Still not sure if amending the original claim amount will affect the case - know where I can find out?

ok, that's a relief! I have been posting in the first person, but actually I am trying to reclaim for my dad. Unfortunately he has calculated in interest charges that can't be reclaimed. Neither did he send a full list of charges, just the total, plus interest calculated on this total. I realise that this could mean quite a difference in amount claimed and real amount charged. Would amending the claim amount at this late stage adversely affect the claim? I feel bad monopolising your time like this, I am just finding it difficult to come in and have to sort through all of this (and we're talking 6 years worth of statements for two accounts!) when I wasn't there in the beginning stages........

wow, you've really come up trumps! I'm just unsure about once sentence: "It is noted that sine the original submission Claim was submitted the Defendant has seen fit to supply missing information. This information has resulted in an increase of the Claimed to £6,094.86 and interest of £1,793.14 totalling sum £7,888.00. what missing information is meant?" Is this something that I am supposed to substitute with my own particulars? Do I need to send the list of charges again? Do I send this defence along with the CPR18 (and list of charges?) that I am submitting? sorry for all the questions but I am feeling quite out of my depth here The bank's scare tactics are achieving the desired effect - I'm panicking! There's just so much legalese to wade through and they want a response by 10 July to their CPR18

thanks for that, so I can just go ahead and fill this out, and send it to Nasty West (as I have seen them referrred to on this site!) Do I also need to submit a defence - as they did to me? And do I still need to respond to their CPR18?