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

drw72

Hi.

Natwest have filed a defense to my claim and their solicitors (Cobbetts) have requested that I provide them with more information to support my claim.

They request a list of all charges with dates and amounts charged which have already been given to Natwest 3 times.

They then ask me to provide details of clauses sited, contracts breached with many more confusing legal requests.

I carefully filed my claim using this website and am now concerned that if I don't provide the requested info my claim will be turned down - something that the solicitors claim they will apply for.

Any help would be gratefully received.

Thanks

Catster2007

Hi,
It sounds like I have the same letter from Natwest's solicitors as you guys. I have until 18 April to reply, although today I received the allocation questionnaire from the local court which has to be back by the 30 April.

Is is possible for Martin to provide a standard template for this stage as it appears Natwest have introduced a further stage....??

Going to try and write a reply over weekend but really worried about messing up at this stage.

elaine26

CAN SOMEONE PLEASE HELP ME?????
I STARTED OFF TRING TO RECLAIM MY BANK CHARGES BACK IN JAN FOR £3350. RBS SENT ME MY STATEMENTS WITHIN 7 DAYS I THOUGHT I WAS ONTO A WINNER. SINCE THEN I DIDN'T SEEM TO GET ANY RESPONCES FROM THEM. SO I MADE A CLAIM THROUGH THE ONLINE COURT. A FEW DAYS LATER THE BANK SENT A LETTER OFFERING ME £1922.22 AS A GOODWILL GESTURE!! WHICH I STUPIDLY DECLINED
THIS MORNING I'VE RECIVED A 9 PAGE LETTER OFF RBS SOLICITORS WITH A DEFENCE AND A REQUEST FOR MORE INFORMATION :mad:
THEY WANT INFO ON EVERY CHARGE. WHEN IT WAS, HOW MUCH IT WAS FOR, WHAT IT WAS FOR BLAH BLAH BLAH IT'S ALL IN SOLICITORS LINGO AND I DONT UNDERSTAND 90% OF IT.
DO I PAY A SOLICITOR TO DO IT ALL FOR ME????????????????
I FEEL SICK TO MY STOMACH

HELP ME PLEASE

mj30

I have recieved a request for further information from Cobbetts LLP my bank is NatWest.They are asking me a series of questions that I dont know how to answer. eg 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)Ifyes;please explain why the claimant contends that the same should not have been charged?(c)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 I have no idea how to answer this question .Should I just answer the questions I can ,the information needs to be back with Cobbetts LLP by Tuesday I have also recieved a Notice of Transfer of Proceedings from the court I am beginning to wish Id never started this and im worried that Ill get stuck with court costs and be worse off than i was to start with

rosler10

Have just recieved a solicitor letter from Wragg & Co. A/&/L saying they are acting on behalf of the defendant, they have got me worried, anybody suggest what i do next, Please

The_Bloodster

Having served papers to the Nat West through MCOnline on 17th March I have received the following letter dated 11th Apr. It seems a pretty standard letter and I would have gone ahead had I just received this. My claim is for the exact amount they have offered by I am also claiming interest which will total around £500 now. Its funny how they know the exact amount I have claimed though and also what happens about charges since then?

"Thank you for your recent correspondence. I am sorry that you have concerns regarding the charges that have been applied to your account.
We explain all of our terms & conditions including our fees and charges at account opening and they form the basis of your agreement with us. Full details are available at any time on our website and in our branches, and updates are sent out regularly to our customers. For your convenience, I am enclosing our current terms and conditions (including fees and charges) that apply to your account.

NatWest has for a number of years provided many every day banking services to customers free of charge when accounts are in credit or within a previously agreed overdraft limit. These services include access to our branch network, cheques, Direct Debits, Standing Orders, UK debit card transactions and UK ATM withdrawals. It is also important to us that our customers have every opportunity to arrange suitable borrowing facilities with us should they require extra funds whether through our branches, online or via our UK based call centres.

Whilst many of our services are provided without a corresponding charge, we do make charges when customers, by their actions, request an increase to or the creation of an overdraft in excess of their previously agreed limit. By reviewing such requests we provide an additional service to customers, in many instances allowing items to be paid either by creating or increasing an overdraft. These charges can be avoided entirely by arranging suitable borrowing facilities in advance.

For these reasons, we do not agree with the basis of your complaint. We believe that the charges we levy are for providing services and that they are not penalties or charges for default. Furthermore we believe that these charges are fair, reasonable and transparent.

However, having reviewed your case and as a gesture of goodwill and without admission of liability or error, in this instance we are prepared to offer the amount of £2150.48 paid direct to your account.

To accept this offer in full and final settlement of your complaint please let me know by completing the attached form and returning it to us in the reply paid envelope provided. If you would like to discuss this offer please contact the number quoted above.

Any charges that properly accrue in the future will be applied to your account in line with our published tariff and in accordance with your agreement with the bank. Should you be unwilling to accept any such charges, then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may offer you a simple account that does not offer borrowing facilities or other services that can result in charges.

I trust that this will resolve your complaint, however for the sake of completeness I am enclosing a leaflet explaining the options available to you should you wish to take matters further.

Financial Services Authority guidelines state that we can regard your complaint as closed if we do not hear from you within eight weeks of this letter. If you do need to take your complaint forward, please let me know within this time.

I look forward to hearing from you. "

The_Bloodster

I then received a defence from there solictors dated the 12th Apr as the following;

1 This Defence is filed and served without prejudice to the Defendant's case that the Particulars of Claim do not disclose reasonable grounds for bringing a claim against the Claimant to recover the bank charges (and interest thereon) referred to in the Particulars of Claim or any other sum(s). In the event that the Claim is not properly particularised then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same.

2 No admissions are made as to what charges have been debited to the
Claimant's bank account.

3 The Claimant refers in the Particulars of Claim to having provided the Defendant with a copy of the list of charges. The Defendant has not yet received a copy of this list. The Claimant is therefore put to strict proof of each and every charge the subject of the claim and must identify in respect of each charge (a) the date the same was debited, (b) the amount of the same and (c) the description applied to the charge.

4 In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are unenforceable by virtue of the Unfair Contract Terms Act 1977 ("UCTA 1977") and/or the Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations") and/or the common law, the Claimant is required to identify:

4.1 (a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977"); (b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations"); and (c) the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable; and

4.2 the contractual provision(s) that the Claimant allege are invalid by reference to UCTA 1977 and/or the Regulations.
Until such time as these sections/regulations/provisions are identified the Defendant cannot (save as appears below) plead to the allegation referred to in paragraph 4 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information.

5 In relation to the case of the Claimant that the charges must be reasonable within the meaning of section 15 of the Supply of Goods and Services Act 1982 ("SGSK) the Defendant pleads as follows:

5.1 The Claimant is required to plead and prove the necessary factors (referred to in section 15 SGSA) concerning the contract between the Claimant and the Defendant which mean that pursuant to SGSA section 15 there is an implied term that the Claimant pay a reasonable charge for the service under the contract.

5.2 Further, the Claimant is required to plead and prove (a) that the bank charges which have been debited are unreasonable; (b) all facts and matters relied upon by the Claimant in support of this case and (c) what charges would have been reasonable.

5.3 In the circumstances no grounds are disclosed for a claim that the Defendant has acted in breach of SGSA section 15.

5.4 In the circumstances (save as appears below) the Defendant is unable to plead to this allegation beyond denying that it has acted in breach of SGSA section 15 as alleged or at all. The Defendant reserves its right to plead further to this allegation once (and if) the defects in the pleaded case referred to in paragraphs 5.1-5.3 above are addressed.

5.5 It is the case of the Defendant that the contract between the Claimant and the Defendant does not fall within SGSA section 15 because (a) the consideration for the service would be determined by the contract between the Claimant and the Defendant and (b) was not left to be determined in a manner agreed by the contract or determined by the course of dealings between the Claimant and the Defendant.

6 The Claimant's claim for costs not being sufficiently particularised, the Defendant is unable to plead and reserves the right to plead upon further particulars.

7 To assist the Claimant with the proper particularisation of the claim(s), the Defendant serves with this Defence a request made pursuant to CPR Part 18. If the Claimant fails to provide the particulars requested in the time stipulated and/or the defects with the claim(s) (referred to in paragraph 1 above) remain then the Defendant will apply to the Court for (among other things) an order striking out the claim.

8 Pending the proper particularisation of the claim(s) the Defendant is unable to plead to the Claimant's claim(s) beyond at this stage denying that the Defendant is liable to the Claimant as alleged in the Claim or at all. The Defendant reserves its right to amend this Defence to plead further to the Claimant's claim(s) once or if the Claimant properly particularises the same.

9 Save as hereinbefore appears the Defendant joins issue with the Claimant on the claim(s) and denies that it is liable to the Claimant as alleged or at all.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true. I am duly authorised by the Defendant to sign this statement.

Now all that scares me. They have also asked me to supply further information on certain items as mentioned in the defence. Now they have the details of charges twice up to now so what are they playing at. Also what do I do about explain the reasons for charges?

I'm scared by this letter and can anyone explain why it is now at Northampton court and not Manchester? Also I have never received an allocation questionaire - why's this!!

Help pleaseeeeeeeeeeeeee

FirstTimer4Me

Hi

This is from one of the threads on this forum:

The bank have offered me part or all of my claim but have said I must sign a confidentiality clause, what shall I do?

If you do sign the letter, you must honour the clause. Many people have just crossed out this clause and returned the letter, the banks have still payed up. Generally, they are not in a position to make demands like this.

To find the above quote and thread scroll down to the bottom, once you have clicked here:

http://forums.moneysavingexpert.com/showthread.html?t=400981

Good luck

The_Bloodster

I am not intending to accept the offer but I am concerned about the solictors letter as they are asking for the following....

1 This request is served pursuant to CPR Part 18 alternatively with regard
to CPR Rule 27.2(3).
2 The reason(s) why this request has been served are set out in the
Defence which has been served by the Defendant.
3 You are asked to provide a response to this request in accordance with
CPR Part 18 by 26 April 2007.
4 If you are unable to provide a response by this date then you are asked to contact the Defendant's solicitors promptly and tell them when you will be able to provide a response.
5 In the event that you do not provide an adequate response to this request by this date (or such other date as may be agreed with the Defendant's solicitors) then the Defendant can apply to the Court for an order requiringyou to provide the information requested or (in view of the deficiencies in the way that the claim is pleaded) an order striking out the claim(s).


The Request
1 In your claim you state: "the Defendant debited charges and interest in respect of purported breached of contract".
2 Please provide the following particulars in support of your claim:
2.1 To what account(s) (giving details of the account name, number and sort code) were the charges applied.
2.2 In relation to each charge please identify (a) the date when the charge was charged; (b) the amount of the same; and (c) the reason(s) given for the charging of the same.
2.3 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? (c) 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: "unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, the Unfair Contract Terms Act 1977 and the common law" and "they must be reasonable under s15 of the Supply of Goods and Services Act 1982".
4 Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 3 above, and in particular please identify (a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977"); (b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations"); and (c) the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable. Please also identify the contractual provision(s) that the Claimant alleges are unenforceable by reference to UCTA/ the Regulations.

Catster2007

Can anyone help regarding responding to the Solicitors?
Lots of people seem to be in this position now?

Thanks