Cobbetts Defence Received - ** WON **

[Agusta109]

My first post!!! PLEASE HELP!!!

 

I've today received a defence from Cobbetts saying I need to provide Account details, charges information. Do I actually do this, some threads I've read say CPR Part 18 is not applicable to the small calims court (ie. under £5,000) and some say they have given the information to Cobbetts. I'm not sure what to do or whether I should just wait for the Allocation Questionnaire to arrive from the Court??

 

HELP, FEELING VERY NERVOUS ABOUT THIS NOW!!!

[cumbria123]

just reply saying that cpr pt 18 does not apply to small claims etc

 

Cobbetts LLP

Ship Canal House

King Street

Manchester

M2 4WB

 

*date)

 

Dear Sir or Madam:

 

Claim No: xxxxxxxxxxxx

 

 

I acknowledge receipt of your defence & request for further information and clarification.

 

I anticipate that the claim would be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

 

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

 

Account Name: xxxxxxxxxxxxxxx

 

Account numbers: xxxxxxxxxxxxxxxxxxxxxxx

 

Sort Code:xxx

 

Amountxxxxxxxxxxxxxxxxx

 

 

Yours sincerely

 

xxxxxxxxxxxx xxxxxxxxxx x x

[Agusta109]

Thanks for your fast reply and template letter which I will send tomorrow.

 

So should I still receive an AQ from the court? If so, I presume I do need to complete this?

 

:?

[cumbria123]

You`ll get an AQ to fill in, there will be a date to submit it by, don`t rush in, I got full settlement 2 days before the AQ filing date.

[polar_b]

Do not worry. It is just scare tacticts. They will also say in their next letter that they believe your case will fail in court. Of course they do not really believe that, otherwise they would let all these cases go to court instead of settling in the last minute. I bet the letter you have received is also a standard letter they send out to every claimant.

 

Remember when you filled out that spreadsheet to work out the interest, so you could include this in your claim? Simply print this out and send it back to them with the letter as suggested in this thread (you may have to slightly edit saying you are including a list of the charges). That should make it easy for them to see how it's all worked out.

[Agusta109]

Can anyone help me answer questions on my allocation questionnaire please, I've read the notes but am still not entirely happy I am answering the questions correctly:

 

A - Settlement - Do I want to give them a one month stay? - I GUESS NOT AS I'VE GIVEN THEM LONG ENOUGH ALREADY?

 

C - Pre-action Protocols - I've completed Part 2 (no pre-action protocol appplied to this claim) and YES, I have exchanged documents (evidence) to other party - IS THIS THE CORRECT ANSWER?

 

F - Proposed directions - What is a list of directions? It's asking if I'm going to attach them and if I've agreed them with the other party - I DON'T KNOW AS I DON'T KNOW WHAT DIRECTIONS ARE?

 

Other Information - Information to help the judge manage your claim - CAN ANYONE GIVE ME SOME INSPIRING WORDS PLEASE?

 

VERY VERY NERVOUS THAT I MIGHT BE GOING TO COURT NOW AS QUESTIONNAIRE HAS TO BE BACK BY TUESDAY 12TH SEPTEMBER AND NOT A PEEP OUT OF COBBETTS YET!!!!!!!!!!!!!!

[kayfrancis]

if i were you i would try and speak to jonni2bad if you can find him hes very knowledgable. ty and get it off today:-)

[Agusta109]

PLEASE PLEASE HELP!

 

I've just received a letter from Cobbetts saying:

 

It is out client's contention that your Particulars of Claim did not properly particularise your claim. For example, out client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportionate and unreasonable.

 

The Court is bound by an overriding objevtive to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars. Our clainet there object to yoru alledgation that the request is intimidating.

 

 

I DID SEND THEM THE EXCEL SPREADSHEET LISTING WHAT THE CHARGE WAS FOR , DATE INCURRED AND INTEREST CALCULATED. AT THE TOP OF THE SPREADSHEET IT CLEARLY INDICATED ACCOUNT NAME AND NUMBER.

 

 

Has anyone else received a letter like this, am I going crazy or are they just trying to intimidate me further?!! HELP!!!!

[Agusta109]

PLEASE PLEASE HELP!

 

I've just received a letter from Cobbetts saying:

 

It is out client's contention that your Particulars of Claim did not properly particularise your claim. For example, out client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportionate and unreasonable.

 

The Court is bound by an overriding objevtive to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars. Our clainet there object to yoru alledgation that the request is intimidating.

 

 

I DID SEND THEM THE EXCEL SPREADSHEET LISTING WHAT THE CHARGE WAS FOR , DATE INCURRED AND INTEREST CALCULATED. AT THE TOP OF THE SPREADSHEET IT CLEARLY INDICATED ACCOUNT NAME AND NUMBER.

 

 

Has anyone else received a letter like this, am I going crazy or are they just trying to intimidate me further?!! HELP!!!!

[chriswatkins]

they tell us all that they dont have information of claim, even though we have all sent account number, sort code, and spreadsheet, write back acknowledging their letter give them account number, sort code and include spreadsheet with your breakdown of charges, then sit back and dont worry, it is just one of their scare tactics

[gizmo111]

PLEASE PLEASE HELP!

 

I've just received a letter from Cobbetts saying:

 

It is out client's contention that your Particulars of Claim did not properly particularise your claim. For example, out client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportionate and unreasonable.

 

The Court is bound by an overriding objevtive to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars. Our clainet there object to yoru alledgation that the request is intimidating.

 

 

I DID SEND THEM THE EXCEL SPREADSHEET LISTING WHAT THE CHARGE WAS FOR , DATE INCURRED AND INTEREST CALCULATED. AT THE TOP OF THE SPREADSHEET IT CLEARLY INDICATED ACCOUNT NAME AND NUMBER.

 

 

Has anyone else received a letter like this, am I going crazy or are they just trying to intimidate me further?!! HELP!!!!

 

Your thread title says another letter from Cobbets - do you mean this in general oor is this another letter you have received from Cobbets, after the defence and CPR18 request?

[Bookworm]

3 threads merged. Please don't start a new thread every time you have a question or update, it makes things difficult to follow.

[angelface69007]

Doh!!!!

 

I have just posted the exact same thread Re: letter from cobbetts. I have the exact same letter this morning.

[chriswatkins]

me too, do you think they send them out by the sack full

[Agusta109]

Thanks for all your replies, looks like they are just sending out the standard letter which makes me feel slightly better. I will acknowledge the letter and send them another copy of the charges and account details.

 

I need to return my allocation questionnaire to today, can anyone help me with my queries in my other post (Help with Allocation Questionnaire) please?

[Logan21]

I have recieved the same letter, seems like its just a scare tactic.

 

That makes me alot happier.

 

Here is the link for my thread: http://www.consumeractiongroup.co.uk/forum/natwest-bank/9054-logan-natwest-2.html#post230831

[Agusta109]

Thanks Logan21 - Would you be able to help me with my queires on my Allocation Questionnaire, please see above in this thread. I see you have already returned yours.

 

Any help would be apprecaited?

[Logan21]

Ok you have a different AQ to me, but use this for info:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

 

[Agusta109]

THANKS V MUCH!!!

 

Should I send a copy of the Allocation Questionnaire to Cobbetts as well?

[barracad]

A grey area as to whether you are required to do this, but it is certainly best practice.

[Logan21]

I didnt bother send it to them, but i Might advise them that I have submitted it when i send my letter tomorrow.

[Agusta109]

Cheque for £6,000.00 received on Saturday morning, payment in full!

 

Now going to start my claim against Natwest on my No. 2 Account!

 

Thanks very much to everyone on the site for their help and advice, wouldn't have done it without you all.:)

[Michael Browne]

Excellent!!

 

Please fill in bank survey...and maybe a donation.

 

Also see here:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Well done, enjoy the dosh!!

[Agusta109]

Thanks v much!

 

As a moderator do you now move to Natwest Successes? Also,where can I find the Bank survey?

[Michael Browne]

Here:

http://www.consumeractiongroup.co.uk/survey.php