Letter from bank/solicitor during Moneyclaim online process...

Stephen_Leak · 5 June 2007 at 12:37PM

Firstly, don't panic. This is standard "bully boy" tactics.

It will also not endear them to the judge when he sees how they are treating someone they know to be a "litigant in person", ie. a private individual and not another solicitor. The judge will expect both parties to show courtesy to each other.

Therefore, a polite reply (even if you are typing through gritted teeth!) to the solicitor will do your case no harm whatsoever when the judge reads the two letters.

One of our "tame legal eagles" will be along to assist further.

PS. See, I told you!

LozBingley · 5 June 2007 at 12:38PM

You need to be asking them the right question in reply!

Ask them for a detailed breakdown of the cost of administering the charges made to your account. Say that you will also be asking the court to consider these costs when they rule in your favour, and as such failure to provide this detailed information to you will result in you asking the court to apply for the information as any charge should not exceed the cost of the breach of the contract.

They should come back to you with an offer quite quickly! Also send the reply to the bank as I'm sure the solicitors don't give detailed reports back to them on individual cases. The bank may think twice about taking you to court too and again this could provoke an offer.

Twinkly · 5 June 2007 at 1:31PM

deb5376 wrote: »

Firstly, apologies I posted this Sunday night and my post was moved and I cant seem to find where it now is. Sorry to anyone who has replied with help already. I received the following letter from Cobbetts and im completly lost now. How should I respond and what does it all mean, have I done something wrong.Both Natwest and MCOL have had my breakdown of charges dates,amounts with interest charges to. Any help greatly,greatly appreciated.I have 14 days to respond

1. this defence is filed and served without prejudice to the right of the
defendant to apply for summary judgment in respect of and/or to strike
out the particulars of claim.
2. the defendant is embarrassed by the lack of particularity pleadedin the
particulars of the claim to the extent that the particulars of claim fail
to disclose reasonable grounds for bringing a claim against the
defendant. in particular tha particulars of claim do not disclose any
legally recognisable claim against the defendant.
3. the defendant invites the claimant to remedy the above. in the
event that the claimant fails to do so within 14 days of the service
of the defence then the defendant will apply to the court for an
oreder striking out the particulars of claim.
4. the defendant reserves the right to plead to the paticulars of claim
once and if the claimant properly particularises the same. in the
meantime, it is denied that the claimant is entitled to the relief
claimed or any relief whether as pleaded or at all.

Many thanks in advance

In stating they have insufficient POC and requesting you to rectify this they are imposing what is called a CPR (Civil Procedure Rules) Part 18 request. There is no requirement to do this for the solicitors and the letter below can be sent in response.
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 implied 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

Yours Faithfully

You dont need to do anything else in response to their letter and can relax and wait for the hearing date. Good luck

JumpJet · 5 June 2007 at 2:31PM

I'm the thread-starter on this one... Here's an update for those good enough to offer advice. I've now sent a pleasant and courteous letter back to the solicitors providing them with the information they required, it went recorded delivery and I've had confirmation they've had it. They've got until close of play tomorrow to enter a defence, so fingers crossed!

tony101 · 5 June 2007 at 5:04PM

hi all,been trying to claim back charges with lloyds tsb since feb 07,did all the usual procedures with letters etc,started court procedures with moneyclaim online got as far with lloyds solicitors defending my claim about 3 weeks ago.then yesterday got another letter of northampton count court (form nb9)saying "notice of defence that amount claimed has been paid."this has come about as back in march lloyds did an investigation into my gold account and they had made a mistake by not applying an "interest free zone"which came with this account.they stated in their letter that they were sorry for this error and apologise and debitted my account with £369 for charges that i should not have paid. now their solictors are disputing my claim (£3150)because £369 was paid into my account as a goodwill gesture.this was not a goodwill gesture but a reimbursment of their mistake!.when i phoned andover in april after receiving this letter about the £369 the woman said that this amount has nothing whatsoever to do with any other claim i have with lloyds tsb.the solicitors have also said in their defence that "the particulars of claim do not comply with rule 16.4 1(a) of the civil procedure rules, they do not identify the account in question that appears to form the subject matter of these proceedings or indeed show how the sum of £3150.44 is arrived at and the particulars of the claim are too vague.the claiment should,therefore,be ordered to file and serve an amended claim to set out the full particulars of the bank account and the charge he is seeking to recover,identifying each charge,the date and the amount of the charge and why the claiment in each case he alleges it is a disproportionate "PENALTY" and thus unfair" please help what should i do next.....thankyou.

Kurt_Hamster · 5 June 2007 at 5:08PM

Any chance of re-editing the above and putting in punctuation and white space to make it easier to read?

tony101 · 5 June 2007 at 5:44PM

pc newbie,how do i do it?

Stephen_Leak · 5 June 2007 at 7:02PM

You copy & paste it into Word, change it into "sentence case", run the spelling check and, in this case, even the dreaded grammar check ...

Hi all,

Been trying to claim back charges with Lloyds TSB since Feb 07, did all the usual procedures with letters etc. Started court procedures with Money Claim Online got as far with Lloyds solicitors defending my claim about 3 weeks ago.

Then yesterday got another letter of Northampton county court (Form NB9)saying "notice of defence that amount claimed has been paid.”

This has come about as back in March Lloyds did an investigation into my gold account and they had made a mistake by not applying an "interest free zone" which came with this account.

They stated in their letter that they were sorry for this error and apologise and debited my account with £369 for charges that I should not have paid.

Now their solicitors are disputing my claim (£3150) because £369 was paid into my account as a goodwill gesture. This was not a goodwill gesture but a reimbursement of their mistake!

When I phoned Andover in April after receiving this letter about the £369 the woman said that this amount has nothing whatsoever to do with any other claim I have with Lloyds TSB.

The solicitors have also said in their defence that "the particulars of claim do not comply with rule 16.4 1(a) of the Civil Procedure Rules, they do not identify the account in question that appears to form the subject matter of these proceedings or indeed show how the sum of £3150.44 is arrived at and the particulars of the claim are too vague.

The claimant should, therefore, be ordered to file and serve an amended claim to set out the full particulars of the bank account and the charge he is seeking to recover, identifying each charge, the date and the amount of the charge and why the claimant in each case he alleges it is a disproportionate "PENALTY" and thus unfair"

Please help what should I do next.....

Thank you.

tony101 · 5 June 2007 at 7:23PM

thankyou very much steve,im still learning pc knowhow

Edinburghlass_2 · 5 June 2007 at 7:26PM

Send to the solicitor another copy of your list of charges and its worth filling in a "long version" of your POC which you'll find in the Reclaim Help Thread, linked in my signature. You don't need to answer any other questions.

As regards the refund on the account, copy the letter you received and send it to the solicitor with a covering letter.

Letter from bank/solicitor during Moneyclaim online process...

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