Cobbetts Cpr part 18 request/CPR part 16.4.1

[sophia]

Hi,

 

I have just received Natwest Defence along with AQ form. The defence only states points 1, 3, 3.1, 4 & 5 - very brief.

 

..Should i be concerned about this.

 

On the AQ form section G - other information do i attached copies of the spreadsheets, MOLC form again etc or is there anything else.

 

Many thanks for any help

[sophia]

Hi,

 

Can i ask what did you note in the other infromation G section on your AQ form and did you send any attachements. Natwest have charged us a fortune over the yeasr and i am trying hard to get this right. Thanks for any help

[Guest peed orf]

At the defence stage it appears that the NatWest solicitors are asking claimants to complete a Cpr part 18.

They claim they have insufficient POC and request the claimant to send this to them.There is no requirement to do this and the letter below can be sent in response.

 

Is this Right? does it apply to small claims, fast track and multi track?

[nothernrock]

Hi,

 

Can i ask what did you note in the other infromation G section on your AQ form and did you send any attachements. NatWest have charged us a fortune over the yeasr and i am trying hard to get this right. Thanks for any help

 

 

I summarised the total of charges and the number of instances I'd been charged by NatWest over the last 6 years. I stated I felt it would be useful if the defendant produced a full breakdown of their costs in relation to each of the charges made, allowing the judge to decide if these charges were punitive or not.

 

 

Got the letter from Cobblers this morning offering me £1000 as 'a goodwill payment'. Not bad really considering my claim is only for £1026 plus interest!

Desperate measures??

[Movingon]

Is this Right? does it apply to small claims' date=' fast track and multi track?[/quote']

 

This is irrelevant as Cobbetts are requesting this information BEFORE a track has been allocated. You are under NO OBLIGATION to respond to a "More Information" request from ANYONE except the COURT. This is simply the Defendant trying to make you back down or to cack your pants. Don't do either; simply send them the "Sod off" letter and send the court a copy. If the court require any further disclosure they will request it in due course.

[Guest peed orf]

simply send them the "Sod off" letter and send the court a copy.

 

so I send a copy of "Sod off" letter to Court and ask them to attach it to my file.

 

Phew...Thankyou!

[Movingon]

so I send a copy of "Sod off" letter to Court and ask them to attach it to my file.

 

Phew...Thankyou!

 

No problem at all - by the way, if you DO cack your pants, I don't want to know, OK?

[Guest peed orf]

O.K!

[Brainstorm]

Is it important is it to get your AQ to the court way before the deadline?

I read somewhere it should be done within 7 days.

But I gotta wait 'til pay day, which is 5days before the deadline, will this bias my case in any way?

[Brainstorm]

Hi Martin,

Is it worth sending both your letter and the one by edi1237(letter to court re:CPR PART 18 request)?

[Guest peed orf]

hi guys, sorry for being a pain. But it seems a number of people still think I should fill in this pesky CPR18!

I followed instructions in the "letter to the court thread", and I've requested that's it's heard in the small claims. My claim is for £9500 does this make a difference?

[Michael Browne]

My claim is for £9500 does this make a difference?

Well it means that your claim is fast track, so Part 18 applies. But of course, it also means you can request further information too.

 

See here for reply to their part 18 and oner of your own:

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

[Movingon]

Well it means that your claim is fast track, so Part 18 applies. But of course, it also means you can request further information too.

 

See here for reply to their part 18 and oner of your own:

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

 

 

However don't forget that THE COURT orders CPR Pt 18 Compliance, NOT the Defendant. They have no authority over you whatever. They can ask for "More Information" all they like; however until the Court ORDER it, you are under NO OBLIGATION.

[Brainstorm]

Good morning to all on the frontline,

I just received CPR Part18 request from Cobetts along with the usual crap about not yet receiving a list of my charges...whatever!

But get this "You are to provide a response to this request in accordance with CPR Part 18 by 5 January 2007 (Bold type theirs not mine!)".

The date on the cover later is 8th January 2007 (Bold type mine not theirs!)

The audacity of these people!!!

[sbb1979]

Reply to them (covering it to the court manager) with the standard "I'm not going to reply to CPR 18 but for your information, here's another copy of schedule, bank account number etc" also pointing out that their deadline was before the letter was sent.

 

Don't worry anyway, this is all an irrelevance. As soon as you get a court date they'll pay up.

[Brainstorm]

Oooh, they get me soooo mad!!!

Why I oughta...!!!:mad:

[mletizz]

Hi Everybody,

 

i am soooooooooo confused!!! i could do with some help, if anyone can spare me sometime?

 

I got the ball rolling and Paid the MCOL £120

Now this is where i am confused on so many things!! i feel stupid because i dont get the jargin at all!!

 

i recieved 3 letters in the post today!!

--------------------------------------------------

Cobbetts NW -letter

 

we are instucted on behalf of the above named.

 

we enclose by way of service:

 

1. Defence

2. Request for further information.

 

We confirm that we have filed a copy of the same with the court. Would you please acknowledge receipt.

We note that you state in your particulars of claim that a list of the charges for which you are claiming has already been supplied and that another copy will follow. Unfortunately this list has not been recieved by has and we would be grateful if you could provide us with a copy.

 

yours faithully

 

-------------------------------------------

 

MCOL - LETTER

 

the defendant has filed a defence. A copy of which is enclosed.

An allocation questionaire is also enclosed which contains guidance nots on how to complete it.

 

you must complete the enclosed allocation questionaire on or before the 5 feb 07 amd retirm ot. wjere tje c;ao, os pver £1,500, the court fee of £100.00 to Milton Keynes County Court.

 

Yours faithfully

 

----------------------------------------------

 

Nothampton Count court - letter

 

A defence to this claim has been filed

this claim has been transferred to the court covering the area where the cliamant lives or carries on business.

please read the accompanying documents carefully and note that the allocation questionaire should be returned to the Milton Keynes county court.

 

---------------------------------------------------

 

Question 1 - do i have to fill in the questionaire form

 

Question 2 - is this right i have to pay another £100 when i have already paid MCOL £120

 

Question 3 - i really am stupid arent i? lol

 

Question 4 - Do i resend copies of all the letters and break downs that i have already sent to NW

 

Question 5 - Now Milton Keynes wants a £100, Does this mean MCOL has transfered me to MK County court

 

ok i am just confused i was always ready and prepared to take NW to court but now they have thrown me right off course with all the JARGIN they have sent me, from basically saying they dont know why i am taking them to court and also something about cpr 18 OVER MY HEAD!!!

HELP PLEASE!!!!

[nothernrock]

Q1 Yes, complete the Allocation questionaire.

Q2 As your claim is over £1500 you have to pay £100

Q3 confused?

Q4 Copy a breakdown of the charges to Cobbetts, along with the letter at the start of this thread. Basically, Cobbetts CANNOT force you to comply with cpr part 18, only the court can request this. Copy the letter to the court manager at Milton Keynes because, yes

Q5 Your case has been transferred to Milton Keynes (your local court I assume), and so the £100 fee should be forwarded to them.

 

I'm not sure what happens with the £100. Is it returned when NatWest drop the case?

 

Just keep looking at these threads, there is always someone who has been where you find yourself. Take the advice that's available and don't get stressed by it.

[Michael Browne]

I'm not sure what happens with the £100. Is it returned when NatWest drop the case?

The fee is automatically added to your claim which Natwest pay when they settle your claim in full.

[mletizz]

Thanks guys i knew you would be able to help me!!

right i will get on with all that then, thanks again

[Guest peed orf]

Hi guys.

Received Order from the Court to sent CPR to Cobblers, or have the claim struck out.

The Order was made on the 15th January and date at the top is 24th! must be busy.

Anyway, it appears to be a little different to the one you gave me the link to.

Could you take a peek, as I'm finding it as clear as mud!

Thanks.

The request

• In your claim you state: “Claimant claims [the] return of the amounts debited of £8269”.
  
• Please provide the following particulars in support of your claim:

2.1 In relation to each charge please identify [a] the date when the charge was charged; the amount of the same; and [c] the reason given for the charging of the same.

2.2 In relation to each charge, please clarify the following: [a] is it the case of the Claimant the same should not have been charged? If yes; please explain why the claimant contends that the same should not have been charged? [c] If no; is it the case of the Claimant that the same should not have been charged this amount? [d] If yes; please explain why the claimant contends that the same should not have been charged in this amount and identify the sum the Claimant should have been charged. [e] If no; please state the Claimants case.

• In your claim you state that the charges are: “unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, the unfair Contracts Terms Act 1977 and at Common law “.
  
• Please specify all the facts relied on by the Claimant in support of the contentions in paragraph 3 above, and in particular identify [a] the sections of the unfair Contract terms Act 1977 [“UCTA 1977”]; the regulations of The Unfair Contract Terms in Consumer Regulations 1999 [“the Regulations”]; and [c] the principles of common law relied upon by the Claimant in alleging that the contractual provision referred to are unenforceable. Please also identify the contractual provision that the Claimant alleges are unenforceable by reference to UCTA/ the Regulations.

[Guest peed orf]

Also, what is CPR rule 27.2 [3] ?

Please.

Thankyou.

[Guest katzcafe]

I've had similar request, is 2.1 the speedsheet? and if so, does it go with or without interest, as I have filed with the court?

[steve1cooke]

Pee'd Orf,

I had a similar order from the court.

Have a look at:

http://www.consumeractiongroup.co.uk/forum/natwest-bank/59706-cobblers-have-support-court.html

to see if this helps you at all. I have not had a response as yet, but here's hoping.

Steve

[steve1cooke]

Katzcafe,

Yes, 2.1 is the spreadsheet. Now you have filed with the court, the ineterst should be added in all further communications.

Steve