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Please help!


samantha78
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NatWest being as they are, they have not, unfortunately, rolled over and given me back my money (over £3000 without interest).

I have, however, recieved a copy of the defence from Cobbetts along with a request for further information (that being ANOTHER copy of my original spreadsheet detailing all the charges.)

In addition to this, they are asking for me to clarify: (a) is it the case of the claimant the same should not have been charged? (b) 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 claimants case.

 

It continues:

 

In your claim you state that the charges are "unenforceable under the Unfair Terms in Consumer Contracts Regulations 199, the Unfair Contract Terms Act 1977 and common law"

 

Please specify all of the facts relied un by the claimant in support of the contentions in (the above paragraph), and in particular please identify (a) the section(s) of The Unfair Contract Terms Act 1977" (b) the regulations of the Unfair Contract Terms in Consumer Regulations 1999 and © the principles of common law relied upon by the claimant in alleging that the contractual provision(s) referred to are unenforceble. Please also identify the contractual provision(s) that the claimant alleges are unenforceable by reference to UCTA/the Regulations.

 

Can someone please give me some advice on how I answer their request? Any help would be appreciated

 

Thanks

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Hiya

 

Hello and Welcome

 

Congratulations for posting in the correct forum, here you will have other “experts” who know how that particular this bank reacts.

 

 

I have just finished my claim with this bank, but I decided to stick around to see if I help others like you who are just starting out with their claim to see if I can share anything to make your journey through this claim a bit better!!!

 

This is the usual rubbish that cobberts send out - and please try not to worry as Ive sen this sort of post from other members a 100 times before - its their way of scaring you!!!!

 

There is nothing you need to do at this stage. the only time you have to send furthr info is if the court ask you - remember you are suing them not the other way around!!

 

I doubt if it would get to the stage where the court will ask you for info but even if they do there are loads of info on here about it but we'll cross that bridge when we get there!!

 

Remember the banks have acted unlawful you haven’t!!!

 

 

Well done for reading the FAQs and continue to read as many threads as possible as there is a wealth of information on here!!

 

 

Remember its important to open a parachute account, especially if the charges are spiralling out of control and you have little or no money left, at the end of each month.

 

 

If your account goes into a negative balance after you have transferred your banking, send them this notice to prevent them taking any further action.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

 

If you get stuck have a look (by searching) to see if your question has already been asked by reading other people threads, if you are still not sure either post your question in your own thread or PM me to attract my attention and I will be happy to help you by answering on your thread.

 

 

Also look for another newbie claiming against the same bank as you, that way you can do your claim together and support each other as the post drops through the door!!

 

 

Sometimes the banks act awfully and you can get very stressed out by it all. But stick to your guns - you are in the right - they are not. Don’t let them put you off, that’s what they want to do!

 

 

Hope this helps

 

Good Luck

 

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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come on Allyxia, we can do better than a standard template(the banks may do it but surely we can be above that:p ) The question is about the response to the defence so let's be more specific. I am not as good an expert as to know the answers samantha but I am sure a few others on here are that will help you with the response you require.

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