LYNZFA vs NATWEST **WON**

[lynzfa]

it said the defence was filed on 21/08. so what is going to happen next.do the solicitors contact me or am i gonna have to go to court now.

[chriswatkins]

do like me, just wait and see what happens next, most are getting paid without going to court

[lynzfa]

ive just got a letter this morning from cobbetts.dont understand it really.can anyone help.it says

 

1. this defence is filed and served without prejudice to the right of the defendant to apply for summary judgement in respect of and/or to strike out the particulars of claim.

 

2.The defendant is embarassed by the lack of particularity pleaded in the particulars of claim to the extent that the particulars of claim fail to disclose reasonable grounds for bringing a claim against the defendant.in particular;

2.1 The particulars of claim set out no facts indicating what the claim is about,are incoherent and do not disclose any legally recognisable claim against the defendant.

 

3. the defendant invites the claimant to remedy the above.In the evnt that the claimant fails to do so within 14 days of the service of the defence then the defendant will apply to the court for an order strikingout the particulars of claim.

 

4.the defendant reserves the right to plead further to the particulars of claim once and if the claimant properly particularises the same.In the meantime,it is denied that the claimant is entitled to the relief clamed or any relief whether as pleaded or at all.

this was signe by lynsey clare burgoyne.

 

Does anyone know what i am supposed to do now what i am supposed to say to them.HELP

[gizmo111]

ive just got a letter this morning from cobbetts.dont understand it really.can anyone help.it says

 

1. this defence is filed and served without prejudice to the right of the defendant to apply for summary judgement in respect of and/or to strike out the particulars of claim.

 

2.The defendant is embarassed by the lack of particularity pleaded in the particulars of claim to the extent that the particulars of claim fail to disclose reasonable grounds for bringing a claim against the defendant.in particular;

2.1 The particulars of claim set out no facts indicating what the claim is about,are incoherent and do not disclose any legally recognisable claim against the defendant.

 

3. the defendant invites the claimant to remedy the above.In the evnt that the claimant fails to do so within 14 days of the service of the defence then the defendant will apply to the court for an order strikingout the particulars of claim.

 

4.the defendant reserves the right to plead further to the particulars of claim once and if the claimant properly particularises the same.In the meantime,it is denied that the claimant is entitled to the relief clamed or any relief whether as pleaded or at all.

this was signe by lynsey clare burgoyne.

 

Does anyone know what i am supposed to do now what i am supposed to say to them.HELP

 

it is their usual tactics - what was in your particulars on MCOL. I have a feeling that some one else received this reply but I cannot remeber who - maybe someone else on site will ahve a better memory?

 

Most of all don't worry - their replies are designed to scare and worry you, with support from here you will be able to send back correct paperwork/ details etc.

[lynzfa]

im pleased i have people on this site to help otherwide i dont think i would have gone as far as i have.so what reply do i send to them

[kalexander@talk21.com]

Hi I'm not sure if this helps but I got the same reply just yesterday! I don't know what to do with it either!!! I am going to contact Money Claim by phone and ask them. If they dont know I am going to get in touch with Citizens Advice, apparently they are good with free legal advice....

[lynzfa]

well when you find out could you please let me know asx i havent got a clue what to do next

[lyn-marie]

I do not know because I really do not know but I thought they would up the stakes sooner or later. My best guess is that this is such a pathetic attempt at 'upping the stakes' really sad I think. I would definately say continue with your head held high and hold your ground with these blood sucking 'professionals' ... the momentum will speak for itself I believe x

[lynzfa]

lets hope so.i was getting a bit worried .i wasnt sure iuf anyone else has had this type of letter or not.

[kayfrancis]

i rreally think that they are doing this just to scare and stall as there are so many of us making claims . hold on tight hun dont let them scare you its what they want, for you to give up so they can keep the money they are NOT entitled to. im putting my n1 in 2 morrow and im bricking it.

[kayfrancis]

we need to get a bit of advice from a site helper on this on as i havent come across it when chatting to the others.

[cumbria123]

There is nothing there that you need to reply to, they have all the info they need. Sit tight and wait, you will win this one.

[kayfrancis]

cumbria has a template for the defence it is really helpful and straight forward.

[lynzfa]

i cant find the template so would be grateful if you could email it to me or tell me where to find it.im quite worried as i dont think anyone else has had the same reply.they are saying they dont know what i am taking them to court for.its a bit obvious thought isnt it.

[gizmo111]

it was acknowledged on 25/07 so the 28 days are still up from that date.ill try again today if there is nothing in the post today.have you heard anything yet gizmo

 

Defence and CPR part 18 request received today.

[lynzfa]

whats the prt18 request for.i recieved a/q this morning.didnt know i had to pay another 100 pound to my local court.can we claim this back aswell or not.

[gizmo111]

whats the prt18 request for.i recieved a/q this morning.didnt know i had to pay another 100 pound to my local court.can we claim this back aswell or not.

 

Yeah it automatically gets added on. I received defence and part 18 request today -

[lynzfa]

has anyone got this far and when it has gone to court lost or has everyone been paid as i cant afford to lose anymore money.has anyone actually lost and if so what was the reasons for not getting their charges back

[cumbria123]

Look at the date to return the AQ by, I got a cheque the day before the AQ was due in.

[lynzfa]

the date is 12th september so do i leave it until the last day to take it to the courts and hope they pay out before then.

[cumbria123]

yes

[lynzfa]

thanks starting to get a bit worried.do you know if anyone has actuallly lost or if it has gone as far as court for anyone

[lynzfa]

has anyone been to cort and lost.just want to know so i know whether to worry or not

[gizmo111]

has anyone been to cort and lost.just want to know so i know whether to worry or not

 

AFAIK no one has been to court and no one has lost. Somebody went to court a long time ago and lost on a technicality but not from this site. My a/q return date is 17th.

[lynzfa]

Have You Heard Anymore From The Solicitors Gizmo.