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

mossyxr2

gone through the processes up to taking A&L to court, now received a 6 page defence from their solicitors Wragge & co. basically trying to decipher the legal gobbledy gook they are trying to defend the case on principle that the particulars of the claim disclose no reasonable cause of action and they are asking the court to throw it out....has anyone else dealing with A&L had the same response ? where do we go from here just wait to hear and see if they actually go to court ?

MimiJane

mossyxr2 wrote: »

gone through the processes up to taking A&L to court, now received a 6 page defence from their solicitors Wragge & co. basically trying to decipher the legal gobbledy gook they are trying to defend the case on principle that the particulars of the claim disclose no reasonable cause of action and they are asking the court to throw it out....has anyone else dealing with A&L had the same response ? where do we go from here just wait to hear and see if they actually go to court ?

Yep ... received same 2 days ago. I'm just sending a brief covering letter enclosing my schedule and stating that this has already been sent to the bank and the court. Next stage ... waiting for a court hearing date.:rolleyes:

ggood

Hi there,

when replying to corbetts "intimidation letter" Ie the CPR 18 letter asking for all the particulars etc i know just to send the charges schedule - do i sent the letter to the court aswell? my claim is or just over 1500£
thanks

jolaw01

Lloyds TSB Claim.

I'm due in court on 17th May against Lloyds TSB. I have just received a letter from their solicitor asking for information regarding my claim, including

1. Each and every individual amount of the charge that I am claiming and am disputing.

2. The date of each and every charge that I say was deducted from my account.

3. How I calculate the interest.

4. How I calculate the sum claimed.

5. To confirm my sort code and bank account number.

This has been received by me today (4/5/07) and I have been asked to respond within 14 days, which by my calculation will take it past the court date anyway.

Has anybody else received letters from the banks solicitors???? Is this an indication that they are likely to turn up in court and defend it - if so, I'm getting a bit jittery.

Would appreciate any advise - anyones got.

Cheers.

GREENY_2

i can't see them turning up just send that stuff back ASAP to be on the safe side.
out of interest when did you start your claim on MCOL thing is they have just defened my claim so just wondering what sort of time span it is before i get a court date
keep us updated on how you got on, on the lloyds tsb thread
cheers

Edinburghlass_2

As the above posts, send the solicitor the lists of your charges and confirm your account details.

ethos101

Could you give me some advice please. I have put in a claim for £5,000+ interest via MCOL. Natwest have put in a defence and i have received a letter from there solicitors, the requests they want from me are as follows:

1. This request is served pursuant to CPR Part 18 alternatively with regard to CPR Rule 27.2 (3).....what does that mean in english.

REQUEST FOR FURTHER INFORMATION AND CLARIFICATION

2. They want a list of date and amounts taken from my account AGAIN as i have already sent them to the bank once.

3. In relation to each charge, please clarify the following: is it the case of the claimant the same should not have been charged? if yes please explain why the claimant contends that the same should not have been charged?..If no, is it the case of the claimant that the same should not have been charged in this amount? 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 CHARGE.iF NO PLEASE STATE THE CLAIMANTS CASE..

4. In you case you state that the charges are an unlawful extravagant penalty...please provide particulars in support of your claim.

5, Please specify the clause pursuant to which the charges were applied:

6, Please specify weather the charges applied were due to breach of contract by the claimant;

7.Please identify in each case the particular breach of contract ( by reference to appropriate terms of the contract that the charges relate to.

8, In your claim you state that the charges are....contrary to the unfair Terms in consumer Contracts regulations 1999......Please specify all of the facts relied on by the claimant in support of the contentions, and in particular please identify the contractual provisions that the claimant alleges are invalid by reference to the regulations.



Any help would be great as my head is now buzzing.....thanks Louise

ethos101

Could you give me some advice please. I have put in a claim for £5,000+ interest via MCOL. Natwest have put in a defence and i have received a letter from there solicitors, the requests they want from me are as follows:

REQUEST FOR FURTHER INFORMATION AND CLARIFICATION

1. This request is served pursuant to CPR Part 18 alternatively with regard to CPR Rule 27.2 (3).....what does that mean in english.

2. They want a list of date and amounts taken from my account AGAIN as i have already sent them to the bank once.

3. In relation to each charge, please clarify the following: is it the case of the claimant the same should not have been charged? if yes please explain why the claimant contends that the same should not have been charged?..If no, is it the case of the claimant that the same should not have been charged in this amount? 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 CHARGE.iF NO PLEASE STATE THE CLAIMANTS CASE..

4. In you case you state that the charges are an unlawful extravagant penalty...please provide particulars in support of your claim.

5, Please specify the clause pursuant to which the charges were applied:

6, Please specify weather the charges applied were due to breach of contract by the claimant;

7.Please identify in each case the particular breach of contract ( by reference to appropriate terms of the contract that the charges relate to.

8, In your claim you state that the charges are....contrary to the unfair Terms in consumer Contracts regulations 1999......Please specify all of the facts relied on by the claimant in support of the contentions, and in particular please identify the contractual provisions that the claimant alleges are invalid by reference to the regulations.



Any help would be great as my head is now buzzing.....thanks Lou

Kurt_Hamster

It's a standard BS letter stalling and an attempt at intimidation (well legal intimidation anyway).

If you gave a full statement of charges either to the bank or as part of the documents you handed in with your court claim then they already have what they need. But as a "goodwill" gesture you can print them out and send them to the solicitors with your reply.

Also tell them that your claim of "unlawful extravagant penalty" is based on the fact that the amount they have charged you does not reflect the actual cost of their losses. If they intend to defend this point then you would be grateful if they could send you a detailed cost run-down of how much their losses were on each of the occasions you have listed. In other words, the best form of defence is attack. The other benefit is that is they refuse or hedge then they are concealing salient facts which means they can no longer be covered by the Limitations Act which means they open themselves up to claims going back to 1995.

Off the top of my head I can't remember the legal points, but if you head over to http://www.consumeractiongroup.co.uk/forum/statutes-library/ (you need to be registered on that forum to see that section) they have listings of all the consumer laws and precedents so that you can answer the clause type questions.

nickmack

ethos101 wrote: »

Could you give me some advice please.

What did your PoC say? You should send another schedule to the bank and court (I know they've had it already, but just send again)