NatWest - Defence & Counterclaim Recieved

Deportivo

Hi everyone.

Apologies if this has already been raised in past threads (1st time poster etc.!) but I was wondering if anyone had come across a Defence similar to what my brother recieved yesterday from NatWest's lawyers.

He was sent a Defence and Counterclaim, with the Counterclaim being for a quantum merit amount for what a 'reasonable' customer would pay a 'reasonable' bank for the cost of providing a current account and the unarranged borrowing service.

Whilst reading through previous threads, I haven't seen anyone say they have also been sent a combined D & CC. I hope that's because it has been dismissed as being NatWest trying to scare people from carrying on with their actions and that this isn't a change of tactics.

Has anyone else recieved such a document from NatWest's lawyers. I hope I'm not making a bigger deal out of this then necessary!

Thanks guys.

Deportivo.

natweststaffmember

Depends what his Particulars of Claim was and furthermore, is it a personal or business account?

esmerellda

Please can you try and either type up or scan in the defence and counterclaim, as well as your Particulars of claim, and either post or email/pm to me.


( quantum meruit )


Is it similar to this ? and have they given any figures?

An order that the Claimant pay or allow to the Defendant:

a quantum meruit or restitutionary award calculated in the manner described in paragraph 7.2.3 above or in such other manner as the Court may think just:

interest thereon under section 69 of the County Courts Act 1984, calculated in the manner described in paragraph 7.2.4 above or in such other manner as the Court may think.

Such accounts and enquiries as may be necessary to determine the amounts mentioned above.

claim (b) I have claimed £344.58 + 8% interest
their counterclaim states the same as above


Paragraph 7.2.3 states:

Accordingly, as a condition of any relief which the Court may grant to the Claimant, the Claimant should be required to pay or allow to the Defendant, as counter-restitution, an amount equal to the total of the payments which a reasonable customer would have paid to a reasonable bank for:

the supply of the current account package during the relevant period and/or

the unarranged borrowing services in respect of which the charges were levied.

Paragraph 7.2.4 states:

In the event that the Court orders the Defendant to pay interest on any charges found to be repayable to the Claimant, then, as a further condition of relief, the Claimant should also be required to pay or allow to the Defendant an additional amount equal to interest (calculated at the same rate and on the same basis as the interest ordered to be paid by the Defendant to the Claimant) on each of the payments which the Court finds would have been paid by a reasonable customer to a reasonable bank as described in paragraph 7.2.3 above.

Deportivo

Esmerellda,

The quote you gave is exactly the same as the one my brother recieved and there are no figures included. In your experience, what does this mean?

I can try and type up the Defence if it helps but its 14 pages and my scanner is on its last legs so it might take a while!

Natweststaffmember,

it is indeed a personal account and as I just said re: Esmerellda's post, the counterclaim part of it appears to be word for word what was quoted.

Thanks for your help so far guys. I appreciate it!

esmerellda

Basically it means that if the court award you with the charges back under UTCCR the bank are claiming that you should pay them something 'reasonable' for the service/product they have provided you with.

quantum meruit prevents the Unjust Enrichment of the other party. A person would be unjustly enriched if she received a benefit and did not pay for it when fairness required that payment be made. Quantum meruit can be used to address situations where no contract exists or where a contract exists but for some reason is unenforceable. In such cases courts imply a contract to avoid an unjust result.

(b). When there's an express contract for a stipulated amount and mode of compensation for services, the plaintiff cannot abandon the contract and resort to an action for a Quantum Meruit on an implied assumpsit. However, if there's a total failure of consideration, the plaintiff has a right to elect to repudiate the contract and may then seek compensation on a Quantum Meruit basis.

but I guess you'd rather know where this leaves the claim lol.

I don't think they have much of a hope really, and the case will be stayed pending outcome of test case anyways.

Am discussing these types of defences elsewhere and have anote of this thread so will come back to you with a better answer, when i have one lol.

resonate

Hi Deportivo,

Sounds like I have received the exact same D & CC from Natwest as your brother and esmerellda. I'm pleased to have finally found someone else who has received this!

I was very worried to begin with but have realised that it's a load of nonsense, and just a scare tactic. I have amended my particulars of claim to make it stronger, using the N244 form, but other than that not much else has happened.

How's it going with you?
Resonate.