NatWest Submitted Defence - CPR Part 16 PD

[seanf]

Hi all

 

Just yesterday I received a defence and request for more information from Cobbetts re my claim for £1008 + interest. Interestingly on the last possible day !! Part of it reads...

 

"On allocation the Defendant invites the Court to direct that there be a case management conference (appeal to district judge to give direction) in order for the court to consider the making of appropriate orders to give the Claimant the opportunity to properly particularise his claim....

The Claimant's claim is based in contract. Despite this and contrary to CPR Part 16 PD paragrpahs 7.3 - 7.5, the Particulars of Claim do not plead full and necessary particulars concerning the contract between Claimant and the Defendant."

 

Not sure what this CPR Part 16 PD paragraphs 7.3 - 7.5 means. Surely just a delaying tactic ??!! The particulars I submitted scheduled every charge, reason for charge (as detailed by Nat West), date and amount. What more can they want??

 

The expect a response by the 9th Aug.

 

Can anyone shed any light - have seen a few refs to CPR 18 but not 16.

 

 

 

The very determined Sean

[lipscombe]

You can look them up on the internet - I did a google search of cpr18 & it listed them all.

 

Sure they are just delaying tactics though!! When I got similar letter I sent them another copy of spreadsheet & relevant bank statements saying I would send in AQ 3days before deadline. Had an offer of £800 a couple of days later!!! Hasten to add I politely turned it down. Good Luck

[seanf]

Cheers lipscombe

 

I'll search now.

 

Have not got AQ as yet but will follow your lead and resend the schedule of charges I originally submitted.

 

 

23 June - £120 + £1008 charges + interest NAT WEST - Cobbetts intending to defend all this claim (6KH04543)

[lolly]

Hi,

 

We recieved a defence from Cobbetts today as well, also expecting a response by 9th August. Ours also received on last possible day. Ours is for a very similar amount too - be interesting to compare the progress of each. I will keep an eye on your thread!

 

Going to supply them with a list of the charges, which wev'e given NatWest already (these people obviously can't read). Decided to politely refuse the CPR18 request as they cant ask us to do that when its going to the small claims court.

 

However, if youre brave you could send a CPR 18 request of your own and really annoy them, you can find one here:

http://www.consumeractiongroup.co.uk/forum/general/15172-reply-stock-defence-18-a.html

 

Theres no mention of CPR 16 on ours though. I would think its just another stalling tactic, after all they cant argue the usual - "you havent supplied us with the charges" line because you did that in the particulars of claim. Clutching at straws me thinks!

 

Best of luck

 

 

Lolly

[cumbria123]

Just a note to let you all know, last day for me is Monday, so I`ll be watching the post with great interest.

[seanf]

Update

 

I began my claim back in March and have been growing in confidence ever since. I thought I had cleared all the hurdles both the law, and NatWest could put up in my way. I have been expecting an offer any day now as my Allocation Questionnaire was submitted by the 17th Aug...

 

But it seems I may have one (or 2) final hurdles.

 

I got a GENERAL FORM OF JUDGEMENT OR ORDER letter over the weekend informing me that "the matter is listed for a 30 minute case management conference on 26th Sept 2006" at the court.

 

I have an option to make an application to have this set asisde or stayed but I'm really not sure what to do.

 

Please can someone tell me if this is common, and of the best way to approach it.

 

Thanks,

 

Sean