rebecca-h vs. Natwest

[rebecca-h]

Hi all,

 

Looking for a bit of help, i have started my claim against NatWest and received the defence on the 28th day (no surprises there!) and they have now asked for the CPR Part 18, but there seems to be loads of things they are asking for, and i am wondering if still send the standard letter which states that i do not have to supply a CPR Part 18.

 

I have scanned the letter in and this is what they are asking for? Is this a normal response?

 

The first pages states the CPR Part 18 request and when i need to respond by.

 

Sorry, I am a bit confused with all the legal jargon! If someone could point me in the right direction i would be grateful!

 

The Request

1. In your claim you state: "Claimant is claiming the return of £1534.00 taken by Defendant in charges over 6 years".

2. 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; (b) the amount of the same; and © the reason(s) given for the charging of thesame.

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? (b) If yes; please explain why the Claimant contends that the same should not have been charged? © If no; is it the case of the Claimant that the same should not have been charged in 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 contends should have been charged. (e) If no; please state the Claimant's case.

3. In your claim you state that "the Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law'.

4. Please provide the following particulars in support of your claim:

4.1 Please specify the clause(s) pursuant to which the charges were applied;

4.2 Please specify whether the charges applied were due to a breach of contract by the Claimant;

4.3 Please identify in each case the particular breach of contract (by reference to appropriate term(s) of the contract) that the charge related to.

5. In your claim you state that the charges are: "invalid under the Unfair (Contracts) Terms Act 1977 s.4 and Unfair Terms in Consumer Contracts Regulations 1999 Para 8. and Sch.2 (1)(e)" and "unreasonable within the meaning of the supply of Goods and Services Act 1982 s.15".

6. Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 5 above, and in particular please identify the contractural provisions(s) that the claimant alleges are invalid by reference to UCTA/the Regulations.

[Allyxia]

Hiya rebecca - its the standard halloween bogey man letter!!!

 

Its almost exactly the same as mine except for part 6 which is something new but no less rubbish!!!!

 

It looks like they are just rewording of things as they are obviously bored with the 1000s of us sending in the same thing time and time again.

[Allyxia]

Sorry to answer your question yes send them the letter regarding the CPR part 18 request.

 

They will then send you a responce saying "we do not find that our clients action are intimedating"

 

You watch predictable as clockwork!!!!!!

[rebecca-h]

Thanks Allyxia - i will get my letter typed up and will send recorded tomorrow when i can get to a post office.

 

I've also received my AQ from the court, and it has now been transferred to my local court so i will send a copy to them indicating that i think it it intimidating - is that correct, or do i just send a copy of the letter i am sending to cobbetts?

 

Am i able to pay my AQ other then by sending a cheque with it? Does anyone know this?

[Allyxia]

Postal order?

 

Cash? (in person thou)!!

 

Your nearly there rebecca you should have a part offer from them in the next few days!!!

[rebecca-h]

Thanks - you have been a great help!

 

Sorry for another question but when I send my AQ do I need to send it back with my list of charges? and do I need to send a copy to Cobbetts?

[Michael Browne]

Yes to AQ + schedule ( mention you are including this in Section G).

Copy of both to Cobbetts.

[rebecca-h]

Thank you!

[Wheresmewallet]

Send Cobbetts the CPR Part 18 Intimidating letter from the template library. And as Ally says;). You will receive the "we do not find that our clients action are intimidating"

 

Fill in the AQ from court (I left Section G blank), but make a copy of it and send one to Cobbetts, plus another charges schedule attached.

 

If possible take the AQ back to court by hand and pay the fee in person (as Ally says;) )

 

Cobbetts will then send you a offer (as Ally says;) ) of about 50% of your claim.

 

Send your rejection of offer / part settlement from the template library.

 

You will then recieve Cobbetts AQ before or thereabouts the set date (don't know what your last date is for AQ to be handed in to court)

 

I got my Cheque within 18 days of receiving my AQ from court

 

EDIT. I was replying with this message whilst the others were replying. Never mind

[MARTIN3030]

Different courts have differing payment methods.

My court will not accept any card payments whilst I know others do.

Cash is always acceptable of course in person or by special delivery as there is automatic insurance to cover it.

[rebecca-h]

hi, thanks guys for all your help! I couldn't find the CPR Part 18 letter in the template library but have devised this from reading other posts - is this about right?

 

Dear Sir?madam

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will 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:

Account number:

Sort Code:

 

Please also find enclosed a breakdown of all charges I am claiming.

Yours Faithfully

[Wheresmewallet]

Basically the same as yours.

 

I sent this without any problems:

 

Dear Sir or Madam:

Claim No: ********

 

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

 

I am not prepared at this stage to answer the CPR Part 18 Request.

I anticipate that the claim will 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: Mr/Mrs (your name) NatWest Current Plus Account (Name your Present Account with Natwest)

Account number: ********

Sort Code: **-**-**

 

Please also find enclosed a breakdown of all charges I am claiming.

 

Yours faithfully,

 

 

Tony - aka Wallet

[rebecca-h]

Thanks Tony - and congratulations on getting your money back from Natwest, hopefully I am not far off it now too!

[Allyxia]

If it helps, Im about 4 days behind Tony - so watch this space Rebecca I should hear something (hopefully) by Tuesday!!!!!

 

It nice when you hear other people gettign settled it keeps you going especally when you have to put up with the nonsence from Cobblers!!!!

[rebecca-h]

Thanks Allyxia - you are right, it is nice to read about stories and other successes and it does keep you going! I have been reading your story too - good luck!

[Wheresmewallet]

Thanks Becca

 

Hello Ally

 

Jesus. My hangover is kicking in even before I go to bed

 

 

 

 

 

[Allyxia]

Ha Ha !! Good for you though Tony!!!!

 

Will check your thread to see when you re surface!!!

[rebecca-h]

Hi everyone,

 

I have now received an offer of £750.00 from Cobbetts (as expected) and states that they think i will not succede etc etc so I am about to send the standard reply that i will accept it as part payment etc.

 

However, today i received a copy of the AQ that Cobbetts completed and in the other information section it says this -

 

'Case management directions cannot be proposed until the claimant serves a Reply to the Request for Further Information which was due on 17 November 2006. In light of this, the defendant may amend its Defence or apply to strike out. '

 

Are they talking about the CPR Part 18 request? because i responded to that with the standard letter stating that i don't have to, and you can see from a few posts up what they asked me - i sent them the list of charges again as well.

 

is this standard for them and do i need to do anything?

 

Many thanks!

[Allyxia]

No thats not the Cpr request and the case mangement blah blah is exactly what they have put in mine write down to the bit about striking out!!

 

Dont worry about it!

 

Told you they were predictable eh!!!