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

[Deleted User]

It's a tough one as anything <£5,000 would be allocated to the small claims court track and CPR 18 doesn't apply so you could request this is rejected as an abuse of power.

I'm not sure what you'd do with this though

Kurt_Hamster

ethos101 wrote: »

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:

Some possible replies...

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)

Is this a request or a statement?

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

If you included your statement of charges with your court claim then both they and the bank already have them.

But as a gesture of "goodwill" (the banks favourite expression) you should send them another copy, just make sure it is identical to any others you may have sent.

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..

As the charges they are making are unlawful in amount and being penalties are unenforceable in law, that section of the "Terms and Conditions" are not binding.

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

If they would be so kind as to supply a complete and detailed run-down of their clients costings for these charges you will be happy to do so. Could they also please supply whether each charge was as a result of a bank employee deciding whether to levy the charge or was it done as a result of an automatic computer function.

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

The standard one (can't remember off hand) whereby the charges must reflect the cost of the losses incurred.

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

That would depend on what your specific contract says about unauthorised overdrafts.

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

There can be no contract clause based on unlawful charges.

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.

All of the above will be included in your court bundle.

At this stage you don't have to give the defendant's solicitors chapter and verse of your defence. Court proceedings haven't yet started, otherwise you would have to give your bundle in at the commencement of the claim.

This is becoming an increasingly standard letter using legalese techno-babble to intimidate the claimant.

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

debt_beater_bexs

Has anyboby that has received a Cobbetts letter on behalf of Natwest had a court date yet?

I got my letter just over two weeks ago to which I have responded (sent two copies to the local appointed court, of which one copy was for cobbets) to deadline last week. not heard anything yet.

Have there been any success's with these new scare tactics from Natwest

Sue_Hooker

RBS's solicitors have sent me their defence and also requested further information. I am asked to provide a response to this request in accordance with CPR Part 18 by 17 May 07. The information they have requested has already been given in writing to RBS, so do I have to copy it all to their solicitors as well?
I have not yet received a Allocation Questionnaire. I understood this is sent when the defendant submits a defence and that I have 14 days upon receipt to return it to the court. When should I receive an allocation questionnaire.
Can someone help please.

Edinburghlass_2

Send off the list of the charges you are claiming, even if you have already sent this to the bank and the court as the previous posts.

Some courts are dispensing with the AQ so you may not receive one.

natwestvictim

> Some courts are dispensing with the AQ so you may not receive one.

Correct, I have just received a Notice of Transfer from Nottingham without an Allocation Questionnaire and the line about it has been crossed out.

So I am replying to Cobbetts with the list of charges I am claiming back, even though I've already sent it to the bank obviously; and I'm including Martin's comment that I am surprised they are dealing with this without having all the paperwork from their client; and I'm saying I won't answer the CPR Part 18 request on the grounds that I anticipate this will be dealt with by the small claims track.

Somebody please let me know if I'm doing anything wrong!

Edinburghlass_2

You're doing just fine

shako.roberts

Any advice or suggestions greatly appreciated.

I've been following the advice given to reclaim the money owed by my bank Natwest. It's gone through the Small claims (£2313.35 claimed) but Natwest have contacted their solicitors to defend the case. They are now asking for further information i.e. account name, number sort code. They also want to know :
'Please provide the following particulars in support of your claim:
1. The clause(s) pursuant to which the charges were applied
2. Please specify whether the charges were due to a breach of contract by the Claimant
3. Please identify in each case the particular breach of contract (by reference to appropriate terms of the contract that the charge referred to.

Plese specify all of the facts relied on by the claimant in support of the contentions in particular please identify the contractual provision(s) that the claimant aglleges are invalid by reference to the allegations.

Haven't got a clue how to answer the last few questions - or is it just Natwest solicitors out to earn a few extra quid. They've told me i have to respond by the 18th May 2007 or they will ask for the case to be struck out.

Help!!!!!!!!!!!

spicia

Hi there i am one of you tryin to reclaim my bank charges but i also work for natwest debt collect solicitors please dont hate me!! i hate the place myself but i gota pay the bills n if i could leave i would bu i cant coz i pregnant! lol ok rant over

Natwest has stages. 1st it will go to a debt company called Intrum Justitia who will send u a load of letters n ring u naggin u basically after a few week if you ignore them it goes to Irwin Mitchell solicitors who then process action agaist you to defend the claim you are making against them. I am not too sure how this side of it work tho as i dont tend to deal with that side and seem to be kept off their work at the minute for the sake that i may see my own name soon.

My own personal Natwest problems have gone to Intrum Justitia too and i am ignoring them(theres nothing they can actually do to me as Irwin Mitchell will not process this case due to it causing discrimination)

If i was you id let it go to court and let them defend if you have nothing to hide stand up there and say excuse me but they robbed me!

good luck to ya!:D

Edinburghlass_2

shako.roberts wrote: »

Any advice or suggestions greatly appreciated.

I've been following the advice given to reclaim the money owed by my bank Natwest. It's gone through the Small claims (£2313.35 claimed) but Natwest have contacted their solicitors to defend the case. They are now asking for further information i.e. account name, number sort code. They also want to know :
'Please provide the following particulars in support of your claim:
1. The clause(s) pursuant to which the charges were applied
2. Please specify whether the charges were due to a breach of contract by the Claimant
3. Please identify in each case the particular breach of contract (by reference to appropriate terms of the contract that the charge referred to.

Plese specify all of the facts relied on by the claimant in support of the contentions in particular please identify the contractual provision(s) that the claimant aglleges are invalid by reference to the allegations.

Haven't got a clue how to answer the last few questions - or is it just Natwest solicitors out to earn a few extra quid. They've told me i have to respond by the 18th May 2007 or they will ask for the case to be struck out.

Help!!!!!!!!!!!

Have a read of the previous posts in this thread and then send them your list of charges, again and you might want to include what natwestvictim has writen as posted above.