Corbetts and their amazing CPR PART 18 request. PLEASE HELP ME ;(

[kduques]

Hello,

 

I know this whole thing is pretty standard procedure these days, but I have just recieved my CPR18 and have absolutely no idea how to respond. I'm not even entirely sure what is being requested of me. The letter is below, just incase it is different to other CPR18's that are being bandied around by Cobbles are the moment. They are clearly using intimidation tactics, and I would like to know what the best way to respond is. Anyone who can help will really be doing a great deal to ease the bewilderment I am currently feeling.. Any links to other responses to similar letters would be great also.

"The Request

 

1. In your claim you state: "The Defendant applied numerous default charges to the Claimant's bank account".

 

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 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? (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 charges are an unlawful, extravagant penalty".

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: "contrary to the Unfair Terms in Consumer Contracts Regulations 1999".

 

6. Please specify all of the fact relied on by the Claimant in support of the contentions in paragraph 5 above, and in particular please identify the contractual provision(s) that the Claimant alleges are invalid by reference to the Regulations."

 

So, that's it! I understand the bit about providing the detailed schedule of charges applied to my account (which I have prepared already)... The other jargon. No idea.

 

Anyway

 

Thank you!

 

Kyle

x

 

[Guest dwarren]

Hi kduques

 

I presume that this was enlcosed with their defense and the case hasn't been tracked yet..??? If so read on....

 

Compliance with a CPR18 request can only be requested by a judge not Cobbetts. This is just standard practise from Cobbetts and can be ignored. Most claims (so long as they are around £5000 or under) will be tracked to Small Claims anyway and a CPR18 request is not applicable in Small Claims.

 

I would be inclined to ignore it and wait for the Allocation Questionnaire which is what is likely to arrive next.

 

Take a look at my thread to see a response to a similar request

 

dwarren

[Michael Browne]

You don't have to answer in any detail. Just send them this, with a copy + covering letter to the court:

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:

Account number:

Sort Code:

 

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

Yours Faithfully

 

 

 

cc XXXX County Court

 

[mackie]

i have received this CPR Part 18 request when l send the reply that is on here do l send a copy to cobbetts and do l send this to the court with the allocation questionaire when l receive it.

 

thanks

[kduques]

Thank you all so much for your speedy replies! Just send of the AQ and my response to the CPR18 to Cobbles and the court. This forum is amazing.. Don't know what I would do without it

 

Thanks again!

kx