Wish Me luck!

[killer-heels]

Well after months of arguing with Natwest over charges - finally this evening completed my moneyclaim application:o

£3400 in charges in 24 months (£1200 of those this May!).

I guess now is the time that the banking solicitors will be working flat out dealing with all the claims.......:grin:

 

Found it difficult to get the particulars of claim into the moneyclaim site - so cut it down to the following - hope it's ok.

 

1. The Claimant has an account **-**-**

******** with the Defendant.

2. During the period in which the Account

has been operating the Defendant debited

numerous charges to the Account in respect

of purported breaches of contract.

3. The Claimant contends that: a) The

charges debited are not a genuine preestimate

of cost incurred by the Defendant;

exceed any alleged actual loss to the

Defendant in respect of any breaches of

contract and do not represent or relate to

any alleged actual loss. b) The contractual

provision that permits the Defendant to levy

such charges is unenforceable by virtue of

the Unfair Contract Terms in Consumer

Contracts Regulations (1999), the Unfair

Contract Terms Act 1977 and the common law.

4. Accordingly the Claimant claims:

a) the return of the amounts debited in

respect of charges in the sum of

£3,400.00.b) The claimant claims interest

under section 69 of the County Courts Act 1984

 

Will post any replies if and when they arrive

[caro]

Looks good to me. I don't really think luck comes into it, but just in case....

 

Good Luck:)

[killer-heels]

Have today had notification from Northampton County Court that Cobbetts have filed an admission and intent to defend the whole claim (they filed on the 13th day)

 

Is this normal - and just a stalling tactic - or am I going to be the unluckly one that goes all the way

 

Have had no direct contact from the bank or Cobbetts throughout this whole process........

 

J

x

[Michael Browne]

Yes perfectly normal. They will file a defence, ask for more info under CPR part 18, which you don't have to give since part 18 doesn't apply to small court claims (this is just a scare tactic) and then offer full settlement.

[killer-heels]

Have this morning received the defence - along with a request for further information - all in legal speak and so makes very little sense (apart from where they want a complete breakdown of the ammount claimed) - it also mentions CPR Part 18.

Do I just send them a breakdown of the charges? Any idea what happens then? I can see why they take this route, as when this long winded confusing document arrived on the doorstep it is very tempting to give up!

[orfoster]

As im aware from reading other threads i would reply, its up to you if you put a breakdown of charges but the letter they have sent you is intimidating and shouldn't have been sent to you, mention in the letter you will be bringing it to the courts attention.

[killer-heels]

Fantastic thanks - have sent a letter saying just that. Have had notice from the courts that the case has now been transferred to my local court, along with an Allocation Questionaire and request for £100 fee. Do I send this straight in, ot do I wait until just before the deadline to see what Cobbetts come back with?

[Michael Browne]

You can wait, but allow plenty of time if you're posting it or take to the court on the last day

[FANTASY CHARGES]

can we have an update please thanks

[Guest louis wu]

Fantasy, whats the interest in all these old threads?

 

http://www.consumeractiongroup.co.uk/forum/member.php?u=77883

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/76488-working-out-value-post1342189.html#post1342189

 

http://www.consumeractiongroup.co.uk/forum/mbna/61752-old-mbna-application-form-post1340873.html#post1340873

 

Don't you think that discussing/helping the current questions would be more helpful:confused: