Moneyclaim Online (MCOL) question

niagra

Thank You!!:t

pigsmightfly

niagra wrote: »

Thank You!!:t

No probs - Good luck!

mishmash

Hi I posted yesterday, but it seems to have got a bit lost under other posts.

Firstly having sent the 2 letters, phoned Nat West and finally innitiated court proceedings, I have had an offer from them, a little less than the full ammount without interest or court costs.

I do feel I gave them ample opportunity to resolve this prior to my incurring the court costs, so do not want to accept the offer. Can anyone point me in the right direction of a letter to decline this?

I then got a letter from Cobbets with their very lengthy defence, which given my lack of legal training is very difficult to understand. In relation to the defence I have the following questions;

1, It says they have not received the particulars of the claim, ( there client had this twice, and they provided me with the information, and have made me an offer based on this ?). They want me to send this ( which is fine) but they want to know the reasons for the charge. The template on this site does not allow for this, Is there another one I can use? Or given that their client already has this information can I leave this out ?

2, Cobbetts are asking for me to complete a C.P.R part 18. I have read on here that this is not required and is intimidation by the defendant. Does anyone have a letter to send to this effect?

3,There is a lot of the defence asking me to identify the legislation quoted in my claim ( it was cut and pated from this site ( the Rex Mundi version). It also says I need to prove what charges would have been reasonable. I have not heard this before, I would like to respond by asking themn to tell me the actual cost to the bank, as that is reasonable. Would this be ok? has anyone else dealt with this?

I have since got the allocation questionare which I feel confident in completing.

Am I right in thinking all I need to do is;

1, send letter to Natwest declining offer.
2, send further list of charges to cobbetts.
3, complete allocation questionaire.
4, send letter to Cobbetts and copy to court, that a C.P.R part 18 not reasonable and intimidatory.

Any advice or links to letters would be a great help.

Mish mash

treasureirealnds

Can Anyone Give Me The Address For Abbey That I Need To Put On The N1.
Many Txs

pigsmightfly

treasureirealnds wrote: »

Can Anyone Give Me The Address For Abbey That I Need To Put On The N1.
Many Txs

Think you have to use their registered address for this which is

Abbey National PLC
Abbey National House
2 Triton Square
Regents Place
London
NW1 3AN

treasureirealnds

could anyone pls help?

I am really struggling with particulars of claim. read through many threads but it is just turning my brain to mash!
does anyine have a simple one that i can just copy and paste pls?

Also my total charges are £436.40 interest comes to £85.90. ( that is what i have entered on letters to abbey). so what amount do i put in particulars!!

PLEASE HELP

MANY TXS

pigsmightfly

treasureirealnds wrote: »

could anyone pls help?

I am really struggling with particulars of claim. read through many threads but it is just turning my brain to mash!
does anyine have a simple one that i can just copy and paste pls?

Also my total charges are £436.40 interest comes to £85.90. ( that is what i have entered on letters to abbey). so what amount do i put in particulars!!

PLEASE HELP

MANY TXS

This is the one I used off this site:

The Claimant has an account XXXXXXXX (put your account number) with the Defendant, opened (DATE XX/XX/XXXX). Since (DATE XX/XX/XXXX) the Defendant debited charges and interest in respect of purported breaches of contract.Defendant is aware of all details as a list of charges has already been supplied. Claimant contends: The charges exceed the Defendant's losses caused by the breaches; The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Claimant claims: return of the amounts debited of £XXXX; Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. Costs allowed by the Court.

treasureirealnds

my total charges are £436.40 interest comes to £85.90. ( that is what i have entered on letters to abbey). so what amount do i put in particulars!!

PLEASE HELP

MANY TXS

pigsmightfly

treasureirealnds wrote: »

my total charges are £436.40 interest comes to £85.90. ( that is what i have entered on letters to abbey). so what amount do i put in particulars!!

PLEASE HELP

MANY TXS

Yours should read as follows:

return of the amounts debited of £436.40; Interest per S.69 County Courts Act 1984 of 8% - £85.90 continuing at 8% until judgment or settlement at a daily rate of £0.10;

mishmash

Hi all,

I am getting a little paranoid, as my posts asking for help have not been answered ( very unusual on this site).

Am I writing in invisible ink ?( without knowing it), or have I done something to offend everyone?

If anyone can help I would really appreciate it, I suppose I am getting a bit worried now, as it is all getting a bit difficult.

Mish x