HELP HELP!..Particulars of Claim - TODAY!!

[formula6]

Hi

 

I have 2 accounts with Natwest (personal & business), and I am in the process of filing 2 sepearte claims RIGHT NOW!...Online

 

The trouble is what particulars do I put down for each? Are business particulars different to Personal - like what I explained in both LBA's? i.e. the consumer reg's dont count for 'business' accounts?

 

I cant find anything in the FAQ's

 

Please help

[orfoster]

This is what i used for my personal account, hope this helps.

 

 

Claimant has account (A/C No/Sort Code) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

[formula6]

Thanks buddy, I'll file this for my personal. Just out of interest does nayone know what to put on my Business claim??

[formula6]

Thanks Karnevil & Orfoster.

 

So, instead of:

 

Claimant has account: 0000000 Sort Code: 00-00-00 with Defendant from 00th Month 0000 conducted on their standard terms and conditions. Claimant is claiming the return of £0,000.00 taken by Defendant in charges over 0 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 0th Month 0000 to 0th Month 0000 of £000.00 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.00p.

Put:

Claimant has account: 0000000 Sort Code: 00-00-00 with Defendant from 00th Month 0000 conducted on their standard terms and conditions. Claimant is claiming the return of £0,000.00 taken by Defendant in charges over 0 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 blank blank blank blank blank blank blank blank blank blankIn the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 0th Month 0000 to 0th Month 0000 of £000.00 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.00p.

What do you think???

[formula6]

Yes, the only difference is this:

 

Personal:

We now understand that the regime of fees which you have been applying to our account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

Business:

We now understand that the regime of fees which you have been applying to our account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law and contrary to Statute.

 

The onlyother difference is that on the personal we put that 'we shall submit a Consumer Credit Act 1974 complaint to the OFT...'

 

Is this ok?

[peep]

Hiya,

It's great to know that i'm not the only one submitting my claim today. I also have two accounts both joint but personal. I am unsure if i need to make two seperate claims or one. I have put both accounts on all corrispondance so far and the total amount is also for both. Do you think that I can go ahead and fill in the form with both account details on it or will i have to do two?

 

Any help given is galdly received!!

[formula6]

Im like you peep. I from the offset had the correspondence in one letter - but always listed the figures seperately. This gave me the chance to split the claim if I wished.

 

As far as Im aware you can claim both accounts in one go - but only if they total less than £5,000.000. Im a bit stuck myself because my business claim totals £6,094.55 with interest. So I need advice on this ASAP too!!

 

Keep the faith, I am

[peep]

Good luck Formula6 let me know how you get on and thanks for the advice. I've now submitted it and can feel the panick already setting in.

[formula6]

KARNEVIL

 

I've looked for glennuk as a user (no joy) and went through 10 pages of Abbey, but could not find him either!!

 

ARGH!

[peep]

Hi all,

 

hope it's going ok.... i have decided to take the bull by the horns after continously reading about the time waisting efforts by Cobbetts with the CPR 18 and the lack of info given in the mcol claim. Therefore i have sent them the below letter recorded delivery along with my schedule of charges and intrest for both accounts. I don't know if it will work but i know that it normally works for me at work to disclose to the defence solicitors anything that will not undermine my case.

I'll let you know how i get on.

 

 

Cobbetts LLP

Ship Canal House

King Street

Manchester

M2 4WB

 

19th September 2006

 

To whom it may concern,

 

I have attached the below for your information and to assist your understanding as to my claim against your client. I have received the update from the court that you have acknowledged my claim and will be defending on behalf of Natwest; therefore I look forward to receiving a cheque from you soon.

 

A copy of this letter and attached documents will be supplied to the court also.

 

Claim Number

 

IN THE NORTHAMPTON COUNTY COURT

 

BETWEEN

 

NAME - CLAIMANT

ADDRESS

 

And

 

NATIONAL WESTMINSTER BANK DEFENDANT

135 BISHOPSGATE

LONDON

EC2M 3UR

 

PARTICULARS OF CLAIM

 

1. The Claimant has two accounts (sort code) ACC NUM and (SORT CODE) ACC NUM with the Defendant, which were opened around 3 years ago.

 

2. During the period in which the Accounts have been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Accounts are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are

not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges

with a view to profit.

 

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.

 

5. Accordingly the Claimant claims:

 

a) The return of the amounts debited in respect of charges in the sum of £CHARGES

and interest charged thereon of £INTEREST.

 

b) Court costs of £250 thus far.

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of

charges or at such rate and for such periods as the court deems just.

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from DATE and DATE of £INTEREST and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 80 pence.

 

6. In relation to each and every breach by the Claimant which resulted in a charge being levied as confirmed by the Defendant in its Defence please provide full details (with all relevant supporting documentation) of:

 

a) Any letters, telephone calls, or incidents of manual intervention into the account in respect of each and every charge claimed by the Claimant in the Particulars of Claim;

 

b) How charges are applied to the account (whether automatically or by some other means) and when;

 

c) The Defendant’s assessment of the cost to it of sending any letter making any telephone call or otherwise administering the account, with details of how the cost to the Defendant is calculated and what items of expense are included, or such other costs as are foreseeable in the context of contractual damages and the remoteness thereof and which can be specifically identified and defined and which can be reasonably attributed to each and every breach on the part of the Claimant;

 

d) The justifiably objective principles upon which all such costs are calculated and result in the specific level of each charge levied by the bank in respect of each of the breaches which resulted in the charges now claimed by the Claimant.

 

 

7. Where the Defendant avers that the charges are applied in return for the provision of a banking service to the Claimant:

 

a) Please identify each and every such service referred to in the defendant’s terms and conditions and identify the charges, by reference to those terms and conditions, that the Claimant is required to pay for each service identified.

 

b) Please confirm what steps are taken by the defendant in providing the alleged services referred to in the defence. Please provide copies of all notes, memoranda, or other information retained by the defendant to demonstrate the provision of the alleged services to the Claimant.

 

c) Please confirm whether charges are applied automatically.

 

Please note however, I consider that upon allocation this case will be referred to the Small Claims Track, accordingly I would consider any CPR Part 18 request to be intimidatory as Part 18 would not apply. Having been in touch with other Nat West claimants I am aware of your recently devised tactics and attempts to cause claimants in person to give up. I shall not be responding to your requests designed to intimidate. I shall of course respond to the order of the Court leaving the matters to be settled by the court.

 

I believe that the contents of these particulars of claim are true.

 

Yours faithfully

 

 

 

Signed:

[formula6]

ARGH - HELP!

 

On my business account claim I received the defence from Cobbetts today (last week I got the defence and CPR18 on my personal account - all sent back nicely), only stating a defence and NO CPR18. I was quite surprised at this, but even more surprised to read the defence which states:

 

1. This defence is filed and served without predudice to the right of the Defendent to apply for summary judgement in respect of and/or to strike out the Particulars of Claim

 

2. The defendent is embarrassed 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 Defendent. 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 defendent invites the Claimant to remedy the above. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will aply to the Court for an Order striking out 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 claimed or any relief whether as pleaded or at all.

 

The thing is, in the Particulars of Claim I used the business template for the N1 for business (didnt want to use MCOL as I needed more text space) and listed it all and attached the spreadsheets.

 

Are they trying to scare me off? Obviously this wont work but I just need to know what the best thing to do is! Shall I send copies to Cobbetts again with a short covering letter, and also send these as copies to the court (noting on Cobbetts letter that I have sent copis to the court)?

 

Thanks for any replies peeps.

[dolfos]

ARGH - HELP!

 

On my business account claim I received the defence from Cobbetts today (last week I got the defence and CPR18 on my personal account - all sent back nicely), only stating a defence and NO CPR18. I was quite surprised at this, but even more surprised to read the defence which states:

 

1. This defence is filed and served without predudice to the right of the Defendent to apply for summary judgement in respect of and/or to strike out the Particulars of Claim

 

2. The defendent is embarrassed 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 Defendent. 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 defendent invites the Claimant to remedy the above. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will aply to the Court for an Order striking out 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 claimed or any relief whether as pleaded or at all.

 

The thing is, in the Particulars of Claim I used the business template for the N1 for business (didnt want to use MCOL as I needed more text space) and listed it all and attached the spreadsheets.

 

Are they trying to scare me off? Obviously this wont work but I just need to know what the best thing to do is! Shall I send copies to Cobbetts again with a short covering letter, and also send these as copies to the court (noting on Cobbetts letter that I have sent copis to the court)?

 

Thanks for any replies peeps.

 

Hi,

Did you send a copy of the breakdown of charges to the solicitor and court with your N1 form?, as have read similar when it has been this problem

[dolfos]

Hi,

Did you send a copy of the breakdown of charges to the solicitor and court with your N1 form?, as have read similar when it has been this problem

 

sorry just reread your post and have seen you stated you sent spreadshheets.

Can anyone help on this one moderator possibly???