NATWEST.......Ball rolling!!!

[anniew]

Hi Guys,

Need some advice please I am claiming against Natwest and have been following the process as detailed by some of you great peeps. 6 Oct I received a letter stating lack of information and how embarassed the defendant is blah blah blah!!!

 

2.1 of the letter states that to bring such a claim (among other things) plead the account giving details of the name and number to which charges have been applied.

 

4. Claimant to put strict proof of each and every charge the subject of the claim and must identify in respect of each charge

(a) the date the same was debited

(b) the amount of the same and

© the description applied to the charge

 

All this had to be received by 20 Oct.

 

I sent copies of orignal letters, spreadsheet detailing claim as stated above. I posted this recorded delivery 9 Oct which was signed for 10 Oct. I also rec'd AQ which was completed with £100 court fee as requested and posted within timescale.

 

This morning I have received a Cobbetts letter attaching defendants AQ stating:

Pursuant to CPR Part 3.4 (2) (a) the defendant would ask the court to strike out the claim. The claimant has not shown that she has reasonable grounds for bringing the claim and despite the defendant requesting that the claimant remedy the lack of particularity pleased in the Particulars of claim within 14 days, the claimant has failed to do so. The defendant therefore respectfully requests that the Clim be struck out.

 

Tried calling Cobbetts but only PA available who I am still waiting for a call-back to confirm why I have received this, just glad i sent recorded delivery....

 

Does anyone have any advise on what to do.....

[MARTIN3030]

Ok this is not a new one Cobbetts do it all the time.

If you are concerned about the timescale they have given,then you can fax over to Cobbetts this information and make sure you get a tx rec report.

After doing that call them to confirm acknowledgement by them.

I had to do this myself after returning from holiday.

You can of course send it by post.

 

As a precautionary measure I would also send the court a letter to go into your file.

 

Basically you should say that you consider that their clients have already previously been sent this information on more than 1 occasion but for clarification you have sent it again.

If you are near to the court I would take it personally.

[anniew]

Many thanks, it was all posted recorded delivery and I have the receipt they have given no timescale just a copy of defendants AQ which confirms that it has been filed at Court??? I'm worried that Court will cancel claim based on defendants request to strike out. Cobbetts are due to call back shortly to confirm what details I am alledged to have provided? Do I need to contact the courts to advise all documentation sent as requested?

 

thanks in advance for time and advice!!

[MARTIN3030]

If it will put your mind at rest then call them and explain what you say here.

Most Judges are aware of Cobblers antics and it would be very suprising if the court would order a strike out without seeking some explanations from you.

When Cobbetts call you should remind them that their clients were served with all the information they are requesting and that you will be informing the court of their actions as it is bordering on intimidation as far as you are concerned.

[anniew]

Ok ! thank you, will do !