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

frugalpam

Edinburghlass wrote: »

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.

Thanks.
I've now had a copy of Natwest's defence, plus the request for further information and clarification (CPR 18 thing).
I've gone through this thread to read up on how to reply to it, but am getting very confused having read several very different versions. Please can you point me towards a post which gives the best response? I'm actually feeling quite sick to the stomach, even though I know this is a typical bank tactic, and wondering if I'll be yet another person who loses their case


Pam

frugalpam

Kurt_Hamster wrote: »

Some possible replies...



Is this a request or a statement?



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.



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.



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.



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



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



There can be no contract clause based on unlawful charges.



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.

What is this 'court bundle' ?

thanks
Pam

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

You can't get a better response than this one. Just send the list/spreadsheet and ignore the rest.

You'll find a link to the Court Bundle thread in the list of main threads in my signature.

frugalpam

Edinburghlass wrote: »

You can't get a better response than this one. Just send the list/spreadsheet and ignore the rest.

You'll find a link to the Court Bundle thread in the list of main threads in my signature.

Hi - I can supply the list of charges etc easily, and point out that Natwest have already had this information, plus MCOL.
However they are also asking me to answer some complicated questions - do I not need to answer those? They have stated that if I don't supply the information requested that they will apply for an order to strike out my claim.
All this is stressing me out.

Pam

Edinburghlass_2

Check this thread and let me know if its this letter you've had

http://forums.moneysavingexpert.com/showthread.html?t=415574

frugalpam

Edinburghlass wrote: »

Check this thread and let me know if its this letter you've had

http://forums.moneysavingexpert.com/showthread.html?t=415574

Hi there,
No, the one I've received is a request for details of the charges (easily dealt with) and then questions about why I feel I shouldn't have been charged, facts surrounding my contentions that the charges were unenforceable under the Unfair Terms in Consumer Contracts Regulations etc, and then asking me to identify the sections of the Acts and principles of common law relied upon by the claimant in alleging that the contractual provision(s) are unenforceable etc etc.

I did find a letter over at the CAG this afternoon which suggested replying as follows

Dear Sir or Madam:
Claim No:

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.
I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative
Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:
Account Name:
Account number:
Sort Code:

Please also find enclosed a breakdown of all charges I am claiming.
Yours Faithfully,
etc

Do you think that would do the trick? I know they send out this letter all the time, but I'm scared of writing something to them that will invalidate my claim. My only consolation is that the interest I'm claiming is accruing daily (assuming I win my case)

Many thanks for your continued help,

Pam

Edinburghlass_2

If you'd read this thread from the start you'd have found it quicker

Actually I've been looking for a post by Rex_Mundi regarding this most of the morning and still can't find it.

doog_2

My bank rbs, has put in a defence. I dont understand most of it and they also want confirmation and further info.Because i do not want to say the wrong thing , i fear this will jeapodise my case.Should i seek legal advice to make sure of the facts and also to make sure i dont give the bank a get out.

frugalpam

Edinburghlass wrote: »

If you'd read this thread from the start you'd have found it quicker

Actually I've been looking for a post by Rex_Mundi regarding this most of the morning and still can't find it.

As I'm anxious not to get this wrong - I've no previous experience in all of this - I will get a solicitor to check the letter before I send it.

Pam

slippyhelen

Don't be alarmed, generally all they want is details of the charges (what they were for and for how much and on what date.

Someone advised me to also print out a copy of the oft report - I don't know if it's on here (I'm sure it will be) but I know for sure it's on the consumer action group website. Also on that site is a thread devoted to going to court and all that entails.

Just ask questions on here or on the CAG forums and you should be absolutely fine - you may also notice that most cases don't get as far as court, but even if it does you can go armed with your charge details and the oft report (paying particular attention to the chapter on disguised penalty charges)
Best of luck and if in doubt ask a moderator - these people seem to know everythingyoueverwantedtoknowaboutreclaimingbankchargesbutweretooafraidtoask!