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

mattday

Just received the same letter myself this morning. Will be watching this thread keenly over the next few days. In the meantime have emailed a solicitor to get some legal advice on how to proceed. Last month Natwest offered to reimburse the charges (£2381) but not the interest as a 'gesture of goodwill'. I'm going for the interest as well (nearly £3000). I guess that's why they've got the solicitors involved.

Any advice Martin?

SADSCAREDSAM

just completed my claim online with moneyclaim for 1913.00 plus interest of 406.33.it cost me 120.00. moneyclaim has informed me natwest has been issued,what happens now?starting to get nervous!

natwestvictim

I've just received the package from Cobbetts as well, with the same stuff freerangetracey lists, so I'm eagerly awaiting some informed opinion as to how exactly to respond.

But it does seem to me that this is very much like having been mugged and I now find myself in court facing my mugger and the mugger's solicitor is asking me how much the mugger ought to have stolen and under what laws the mugger was entitled to steal money from me. a) nothing b) no such laws

jersey_2

Hi all,
I have received a defence from RBS solicitors Cobbetts which states the following:-

1. No admissions are made as to what charges have been debited to the Claimant's bank account. (i've sent two letters with charges intact!!??)

2. The Claimant refers under paragraph 3 of 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 srict 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. (fine...i will just send it all again!!)

3. 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' and/or the 'Unfair Terms in Consumer Contracts Regulations 1999' and/or the common law, the Claimant is required to identify:

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

What do i do about identifying these terms???

The Defence also goes on to say that i have to prove that the contract between myself and RBS implies a term that i pay a reasonable charge for the service under the contract.

Sorry for all the blab but i'm confused with it all and need some help. I have to reply by 7th May.

Thanks

Edinburghlass_2

MSE_Martin wrote: »

I agree with most of the posts as the above.

I would send them an e-mail/letter (keep a copy whichever) which simply lays out

A. The fact you have already detailed the charges - including the date of the letter you sent with the charges in and that you are concerned they are dealing with this case without having kept the paperwork.

but

B. To confirm them I enclose them here.

Then detail the charges

There is nothing to lose by resending the same information as you have previously sent.

Martin

Have a read through the start of this thread regarding what to do and the above post by Martin.

Catster2007

Hi,
I too am claiming from Natwest and have rejected an offer made without interest.
I have completed on-line claim and case is now due at court stage (although no date yet given, I have received an AQ tho).
I sent my response to Cobbetts last week and have heard nothing since.
I know there are other people on here who were a few days ahead of me so it would be interesting to know if they have had any further progress.
I will keep you posted on how I get on.

rosey123

please please please can somebody help or give me advice?

I am currently having a nightmare with the Royal bank of scotland regarding bank charges.

i applied through HMCS for payment and they acknowledged the claim giving theman additional 14days. well today is the 28th day and no defence has been filed on my HMCS claim, but it is saturday!! I was really excited but in the post today was a letter from their solicitors requesting more information and clarification.
They also mention on the covering letter they enclose by way of service
1) defence.
2) request for further information.

As my HMCS account still just says acknowledged can i proceed with judgement pleading that i havent received anything from the solicitors or because they say they have sent copies of the letter to the courts do i need to wait until monday when the HMCS court opens allowing them to update my records because technically the HMCS court would have received a defence on the 28th day?
or is it there fault leaving it to the last minute?

in there request for clarification they have used so much legal jargon that i do not fully understand what they want?
they are asking me to justify in writing why i was charged in the first instance.

i have only requested charges for the previous 6yrs.

has anyone else received a letter fromthe Royalbank of scotlands solicitors, and if so please
please please can you help..

or am i going to be the first person to lose...

Edinburghlass_2

I think you'll find come Monday that your MCOL status will be updated and it won't allow you to proceed as its quite common for the banks to enter their defence at the last minute.

As regards the letter from the bank/solicitor read the posts in this thread and Martin's reply quoted below.

MSE_Martin wrote: »

I agree with most of the posts as the above.

I would send them an e-mail/letter (keep a copy whichever) which simply lays out

A. The fact you have already detailed the charges - including the date of the letter you sent with the charges in and that you are concerned they are dealing with this case without having kept the paperwork.

but

B. To confirm them I enclose them here.

Then detail the charges

There is nothing to lose by resending the same information as you have previously sent.

Martin

David_379

I've had a letter back from the solicitors acting on behalf of the Nat West bank with their defence and a request for further information, things like the account name, number and sort code, Do I need to reply to the solicitors or go straight to sending off the Court Allocation Questionnaire as advised by Martin?

Many thanks

David

AliceBanned

I'm not sure if I've posted correctly on this thread - still getting used to the forum.

I've sent first two letters (as per Martin's template letters) to Northern Rock re reclaiming charges on my current account. I received a reply within the 14 days which I requested. I think they may be trying to baffle me and scare me into taking them to court, but wondered if anyone could advise me just before I go any further, in case I've missed something? That would be a great help.

I'll quote some of their letter to give the gist of it:

"When you applied for your current account, you signed to say that you had read, understood and agreed to be bound by (Northern Rock plc) Terms and Conditions.... "As a matter of law, the Courts will only find that a contractual term represents a penalty where, on breach of contract, that term provides for a measure of damages that is not considered to represent genuine pre-estimate of loss". (£28-30 in the case of this account!). ...Don't understand this last point at all: "With an unauthorised overdraft, your account is still within a position envisaged by the Terms and Conditions. Accordingly, you have not breached the contract agreed with Northern Rock, and the isue of damages for breach does not arise". So they have charged me but I can't take them to court for charging me because they weren't charging me for breach of contract?? I replied to this letter ignoring all these points, with my 2nd letter as per the template on this website, threatening court action if I don't hear within 14 days. I then get: "your latest letter does not seek to develop your original argument or respond to the points we have made". They go on to make several points; similar to letter 1, including: "Charges on current accounts relate specifically to services provided. They are not default charges ie they do not arise due to a breach of contract". They also say their current account charges are "clearly and unambiguously stated at the outset". Is this the point?

They go on with further legal jargon.They advise me to seek independent legal advice. They also recommend the FOS for making a complaint. Also that before I take court action they ask that I provide "a substantive response to the legal points raised in our previous correspondence", and should I not do this they have the right to inform the court of this.

Sorry this is so long. I am not considering going via the Ombudsman but not sure whether they are bluffing. I can't respond to their letter adequately unless via a solicitor. Is this necessary/has anyone else done this?

Thanks for any advice.