saint-luco v natwest **WON**

[saint-luco]

no not panicking really, i think they call it "having a controlled breakdown" just wonder if i should phone the court tomorrow to see if cloppits have replied, or leave it for the full 28 days

luco

[Miss money penny]

how long should you initially give them one you submit the N1 form 28 days or 14 days?

[saint-luco]

on the notice of issue it says 14 days to acknowledge, then lists all the possibilities the last one says. " not reply at all. you mayask the court to enter judgement. so its there in black and white tomorrow i phone the court, dont i ??

[saint-luco]

well. i have just phoned the court, clumpheads have acknowkedged & intend to defend.. did i expect any different. ah well back to the threads

[saint-luco]

todat received defence from clumpitts think its pretty standard, but will let you all check it out just to make sure

This Defence is filed and served without prejudice to the Defendant's case that the

Particulars of Claim do not disclose reasonable grounds for bringing a claim

against the Claimant to recover the bank charges (and interest thereon) referred

to in the Particulars of Claim or any other sum(s). In the event that the Claim is not

properly particularised then the Defendant will apply to strike out the claim and/or

for summary judgement in respect of the same.

On allocation the Defendant invites the Court to direct that there be a case

management conference in order for the Court to consider the making of

appropriate orders to give the Claimant the opportunity to properly particularise his

claim.

No admissions are made as to what charges have been debited to the Claimant's

bank account.

In relation to the allegation that the contractual provisions pursuant to which the

charges have been applied are unenforceable by virtue of the Unfair Contract

Terms Act 1977 ("UCTA 1977") and/or the Unfair Contract Terms in Consumer

(a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977");

(b) the regulations of The Unfair Contract Terms in Consumer Regulations

1999 ("the Regulations"); and © the principles of common law relied upon

by the Claimant in alleging that the contractual provision(s) referred to are

unenforceable; and

the contractual provision(s) that the Claimant alleges are invalid by

reference to UCTA 1977 and/or the Regulations.

Until such time as these sections/regulations/provisions are identified the Defendant cannot plead to the allegation referred to in paragraph 6 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information.

5. Save as hereinbefore appears the Defendant joins issue with the Claimant on the claim(s) and denies that it is liable to the Claimant as alleged or at all.

any thoughts will be welcome

[Miss money penny]

sorry can't help and don't fully understand what it all means but i hope someone will post soon

[Guest NATTIE]

What did you put on your Particulars of Claim when you sued the bank?

[saint-luco]

saint-luco

 

And

 

NatWest BANK LTD

 

 

PARTICULARS OF CLAIM

 

 

1. The Claimant [has] an account ******** with the Defendant which was opened on 22/01/2002

 

2. During the period in which the Account has 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 Account 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 £ 4274 and any interest charged thereon;

 

 

b) Court costs;

 

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.

 

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

 

 

:

 

 

Date: 10/01/2007

thats what i put nattie

[Guest NATTIE]

Did you also send a schedule of the charges once the court was allocated.

[saint-luco]

i gave two schedules of charges to thecourt when i submited my N1 to the court,

do you think i should send another with my acknowlegement of defence?

[saint-luco]

thought i might send this to the court and a copy to clumpits with another schedule

 

I am writing to inform you that I have received a full defence from the defendant NatWest Bank Plc today 10/02/2007

 

I feel I have answered all the questions that the Defendants representatives appear to be asking and have sent the Defendant the full details of my claim on at least 2 occasions already.

 

I note that Cobbetts defence and requests seem to be based on a standard template being sent out to all claimants regardless of the way the Claimants claim is constructed and its only purpose appears to be to frustrate and intimidate.

 

Should the courts require any further information please do not hesitate to contact me using the contact details above.

 

any thoughts on this will be welcome

[saint-luco]

o.k i have printed 2 copies of the above letter,1 for the court & 1 for clumpits also added my schedule again, they will be sent tomorrow morning.

any views? anyone

[Guest NATTIE]

seems fine to me

[saint-luco]

Thanks Nattie

i saw you were online, hoping you'd take a look

[saint-luco]

hi all

today i received my aq from the court, it has to be in by the 1st march,

couple of questions: 1. is there any advantage to be gained by sending itback earlier.

2. if i wait untill the last day should i send a copy to clumpets 1st so they knowim not backig out and may be settle earlier thus keeping my £100

luco

[Michael Browne]

1. The main advantage is that it'll then cost the bank an extra £100 to settle (nice smug feeling of satisfaction)

2. If the £100 is an issue (ie you haven't got it) then leave it till later

[saint-luco]

have filled in aq ready to take to court next week, used the template from hmcs as my hand writing is worse than my typing, i will fax a copy to clumpits on monday, is this all in order????

[saint-luco]

this morning i received an offer from our old mate stuart offering £4194. which is what i am claiming, but no interest or court costs, my financial position says i should accept it but i'm not sure, can anyone offer advice, i know its my call but i will listen to any reasoned arguments before making my decision

luco

[elliesnan]

l would take it you have what you went for your charges back the 8% would have just been a nice bonus but like us we never had it so we wont miss it!!

[elliesnan]

BTW l don't think a judge would look on it very favourably that your pursueing it further for the 8%

[saint-luco]

thank you elliesnan,

[elliesnan]

well done and enjoy your dosh

[alf]

only you can decide whether to pursue it futher, but if they have offered the full amount that you have asked for , then you should really except. Anyway you enjoy it, you have got a lot futher than most people, and at least you don't have to mess about with all the court process. Congratulations Mate!!!!!

[saint-luco]

thanks alf

[livelylad]

Just clarify please the amount offered is that just the actual charges and not any court fees or interest?

Did you file the claim at court?