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

Edward_Mortimore

Nat West are using a firm called Cobbetts who write, defending the claim, then say that your claim does not have all the details and so send a lengthy request for further details - since NatWest offered to pay some of my claim, which arrived too late, I fail to see how they can say they don't have enough information and they say "you will appreciate our client has millions of customers and in order to deal with this claim our client requires your account details so that it may retrieve previous correspondence and diary notes....if you are not prepared to provide the above information, we will be suggesting that case management directions cannot be proposed until you serve a full and detailed report". It seems to me that this is more time wasting and stalling. Any comments ?

nickmack

Edward_Mortimore wrote: »

It seems to me that this is more time wasting and stalling. Any comments ?

This isn't new, and yes it's a stalling tactic. Just entertain them with the information they ask for and you should get your money.

gogeorge

Hi one and all. ( my 1st posting. "gogeorge" ).
Natwest are going to very awkward, so please help. What do i do now. Cobbett,s acting 4 them are diggin in. They now want a full breakdown of the charges also an explaination of them "strange" I thought Natwest caused the problem at the offset !! This claim may go to the wire....... Do I need to respond to there request ?

freerangetracey

Can anyone who's been through the MCOL system and been transferred to local small claims court help me here, please. Nat Wests lawyer entered a defence and sent a request for further info.

They want the amounts, dates and reasons for the charges- Not a problem, I've already done all this working out. Here's the difficult bit or am I being thick!

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 havebeen charged in this amount and identify the sum the claimant contends should have been charged. (e) If no; please state the Claimant's case.

In your claim you state that "The charges are an unlawful extravagant penalty ".

Please provide the following particulars in support of your claim:

Please specify the clause(s) pursuant to which the charges were applied;

Please specify whether the charges applied were due to a breach of contract by the claimant;

Please identify in each case the particular breach of contract ( by reference to appropriate term(s) of the contract) that the charges relate to.

(5) In your claim you state that the charges are: "an unfair penalty under the unfair terms in consumer contracts regulations 1999".

Please specify all of the facts 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.

Any ideas on the appropriate response other than Freaking out or telling them to get lost neither of which helps me.

I've found so much help and advice on this site already I know someone must have had this before me and dealt with it
Thanks in advance
Tracey:eek:

Edinburghlass_2

I'll pop your post into the thread regarding receiving a letter from the bank's solicitor and you can read the answers there.

Pete-WD6

Can someone please offer me some advice.

I am helping some family members reclaim bank charges from HSBC. Whilst one member of the family has been offered a partial settlement which was accepted (but still not received!) the other member has had to make a claim against HSBC through MoneyClaim. HSBC have appointed a legal team and now I have received letters from them asking him to justify why he is claiming each charge on his account. Has anyone had any experience of this tactic from any bank and what would be the best response. Would I just site the "Unfair Terms in Consumer Contracts Regulations" each time?

The amount we are claiming is £2486 which includes interest.

Please help.....

bankbasher

After reading all the claimants who have received letters from the banks solicitors - particularly HSBC - to send in a breakdown of charges to be claimed, I got to thinking surely to stop any process being held up it would be wiser to send these charges asap before being asked?
Or
Are the claimants doing the solicitors work for them??

HSBC is defending my claim for £860.00 - the deadline for their defense is 2nd May. Hope and pray they don't take it any further.

Rainy_Days_2

Hi, Have benn reading posts for ages, now got to the stage of a defence from Natwest, and a request for further information from Cobbets Solicitors.
Not quite sure how to answer the questions from solicitor
1. They are asking for further details of the claim. Because there was often more than one charge on a day, I just added them to gether. I assume they want them singly and a description of what they were for.

2. As I have refered to the charges as penalties, they ask
a to specify the clauses pursuant to which the charges were applied
b whether the cgarges applied were due to a breach of contract
by the claimant
c Please identify in each case the particular breach of contract
(by reference to appropriate term(s) of the contract) that the
charge related to
3. Claim states "an unfair penalty under the Unfair Terms in consumer Regulations "
They ask Please specify all the facts relied on by the Claimant in support of the contentions in paragragh 3 above, and in particular please identify the contractual provisions that the Claimant alleges are invalid by reference to the Regulations.

Can anybody help with the answers to this letter, and has anybody had the same. I have not had a questionnaire from the court yet, and Cobbets say they are applying to have the case stopped.
The amount is £5000 plus interest and court costs
Look forward to hearing from someone

looniest_pluto

Hi, I havent got an answer for you but would be interested in comments anyone makes to you. I am now at the small claims court stage with Natwest, and have started to complete my online claim today.

beardface_2

I take it you have received your defence and the case has been transferred to your local county court. I would wait and see what the court does first. It is up to the court to make directions, so if the court thinks you need to answer those questions it will direct you to. This seems to be certain bank/solicitors new scare tactic which I beleive county court judges are taking a very dim view upon.