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

rosey123

COBBETTS COBBETTS what a fiasco!!!!

cobbetts are defending my claim with the royal bank of scotland and sent me the usuall scare tactic letter. i wrote back as per instructed from this site detailing all the charges again...this was sent over a week ago and today received a letter stating that they have looked at my claim BUT said my calculations were wrong and could i re calculate them!!!

there were 3pages of charges but thought this was a different stalling tactic.

Anyway i phoned them and got through to the person that was looking into the case and she began telling me that the online calculater was wrong!!!
she then quoted me an example:::

she said " on the 4th september 2001 i was charged £20 and with the 8% she said the interest should add upto........(cant remember what figure she quoted),,,,

i was looking at my schedual and there was no charge on the 4th september 2001!!!! then she said, " O WELL I CAN NOW SEE WHERE SHE WENT WRONG AND ADMITTED SHE MADE A MISTAKE!!""

SHE THEN PREFUSELY KEPT APOLOGISING AND TOLD ME TO IGNORE HER LETTER....(GREAT AMO FOR THE COURT)

so cobbetts are a great bunch arent they..

looking forward to the court day if i'm ever given one,,,,

anyone else had a similar experience?

keeping my fingers crossed xxxxx

9belowzero

I sent 2 claims (one for each of my accounts) as per instructions on this site to natwest but had no response from them over a two month period.
I then served papers on them through MCOL (one claim for both accounts)and today I have recieved the defence from them.

At this stage i'm really unsure what i should be doing now (no court experience). They are asking for a list of charges (which i have already sent in my previous letters before the MCOL stage) plus a load of other questions, why are the charges unfair etc etc.

I will submit copies of my statements for each account with the charges highlited. Apart from that i am unsure how i respond. Is there any wording on a covering letter i should include with the statements ? Do i send these details to Nat West's solicitors and the court or do i send straight to the court ?

Any help would be much appreiated.

Thanks in advance.

wood1e

Hi,

I have just recieved a letter from my bank's solicitors requesting the information concerning my claim.

Do I send it? Do I sent it saving their client should have provided it all for them?

azhar_nawaz

Hi,

I put this in another thread but there was no response. Can you guys help!!!

I am going through the final stages of my claim against Natwest. I went through MCOL to isuse the claim on 12th of April, and they had until 1st May to reply. They did not, so on 3rd May I entered the Notice of Judgment via MCOL and had heard nothing since then. Then on the 10th May I received a letter (dated 9th May) from their solicitors Cobbetts saying that they have been instructed on behalf of the defendant and in the letter they enclosed the Acknowledgment of Service which says that they intend to defend all of the claim.

This morning I received another letter from Cobbetts (dated 15th May) which enclosed the Application Notice asking the court to set aside the enforcement of the judgment to be suspended pending the outcome of the application hearing pursuant to Part 13.3 (1) CPR, the defendant claiming that it has a real prospect of successfully defending the claim.

Cobbetts have also enclosed a witness statement from one of their employees who is acting on behalf of Cobbetts supporting the defendant's application pursuant to 13.3(1) CPR and alsopursuant to Rule 1 RSC Order 47 asking the court to stay execution of the judgment.

As well as this, Cobbetts have also enclosed a defence which amongst other things says

"The defendant is embarrassed by the lack of particularity pleaded in the Particulars of the claim to the extent that the Particulars of the claim fail to disclose reasonable grounds for bringing a claim against the defendant. In particular:
The Particulars of Claim set out no facts indicating what the claim is about, are incoherent and do not disclose any legally recognisable claim against the Defendant.

The Defendant invites the Claimant to remedy the above. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will apply to the court for an Order striking out the Particulars of Claim.

The Defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant properly particularises the same. In the meantime, it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all."

I don't know what to do know - do I need to send information to anyone? - if so what do I need to send? Do I need to get a solicitor to defend my claim? Do I need to reply to the court? Does a court date get allocated automatically? I am very very confused - I did not expect them to put up a defence and was not sure if they are allowed to as they did not defend the Notice of Issue within the corrected time period (even though they are blaming it on an administrative error that they did not defend in time).

Can someone help please.

Thanks

sammy25

Please help i have been going through the process of reclaiming Bank Charges since January. I am now at the stage where the bank have offered me a amount which i turned down i have been through MCOL and HSBC put a defence in (usual rubbish about charges being fair blah blah) I have a court date for June i was expecting them to back out at the last minute but today i got a letter from HSBC soilcitors requesting a itemised list of amout of charges, dates and description etc. Do i give them this information am i setting myself up here or do i have to provide this information?

Please Help, has any one had this before?

funkylala

Hi...I'm claiming £12K so not small claims. I received my defence today but they missed the deadline for the Judgment due to an administrational error that they're apologising profusely for and saying they don't want it to prejudice their defence which I thought was interesting...

I have read that you want me to send a list of charges but could I add that Cobbets fax is 'temporarily out of order' and I've rung all the branches asking for the fax and they've given me the same answer so posting is now the only way for anyone's information...

I'm scared too...:o

Any advice?

frugalpam

sammy25 wrote: »

Please help i have been going through the process of reclaiming Bank Charges since January. I am now at the stage where the bank have offered me a amount which i turned down i have been through MCOL and HSBC put a defence in (usual rubbish about charges being fair blah blah) I have a court date for June i was expecting them to back out at the last minute but today i got a letter from HSBC soilcitors requesting a itemised list of amout of charges, dates and description etc. Do i give them this information am i setting myself up here or do i have to provide this information?

Please Help, has any one had this before?

Did you send off a spreadsheet or list of the charge details (amount, date, reason) to MCOL, to be attached to the particulars of your claim? If not, this will be why the solicitors are requesting this information. It would be very advisable to send this to the HSBC Solicitors.

Pam

jolaw01

jolaw01 wrote: »

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.

Well I did it. Due in court today. Lloyds TSB paid up in full (of course, without admission) on Monday. Dont be put off by these money grabbing banks - go for it and get your dues!!!

Edinburghlass_2

azhar_nawaz wrote: »

"The defendant is embarrassed by the lack of particularity pleaded in the Particulars of the claim to the extent that the Particulars of the claim fail to disclose reasonable grounds for bringing a claim against the defendant. In particular:
The Particulars of Claim set out no facts indicating what the claim is about, are incoherent and do not disclose any legally recognisable claim against the Defendant.

The Defendant invites the Claimant to remedy the above. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will apply to the court for an Order striking out the Particulars of Claim.

The Defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant properly particularises the same. In the meantime, it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all."

I don't know what to do know - do I need to send information to anyone? - if so what do I need to send? Do I need to get a solicitor to defend my claim? Do I need to reply to the court? Does a court date get allocated automatically? I am very very confused - I did not expect them to put up a defence and was not sure if they are allowed to as they did not defend the Notice of Issue within the corrected time period (even though they are blaming it on an administrative error that they did not defend in time).

Can someone help please.

Thanks

Please read this post here....

http://forums.moneysavingexpert.com/showpost.html?p=4760499&postcount=5

Edinburghlass_2

frugalpam wrote: »

Did you send off a spreadsheet or list of the charge details (amount, date, reason) to MCOL, to be attached to the particulars of your claim? If not, this will be why the solicitors are requesting this information. It would be very advisable to send this to the HSBC Solicitors.

Pam

In fact people are receiving these letters even if the bank/court already have the information they ask for, but just send it all off again.