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

Kurt_Hamster

You could actually tell us what it said, it would save us guessing and giving incorrect advice,

tipples_2

Sorry new to all this.

tipples_2

NATWESTS solicitors Cobbetts have sent the following:-

1. In relation to each charge please identify (a) the date when the cahrge was charged (b) the amount of the same; and (c) the reason(s) given for the charging of the same.

2. In relation to each charge, please clarify the following (a) is it the case of the Claimant the same should not have been charged? (b) If yes; please explain why the Claimant contends that the same should not have been cahrged? (c) If no: is it the case of the Claimant that the same should not have been charged in this amount? (d) If yes; please explain why the Claimant contends that the same should not have been cahrged in this amount and identify the sum the Claimant contends should have been charged. (e) if no; please state the claimant's case.

3. In your claim you state that "the charges are an unlwful 'extravagant' penalty". Please provide the following particulars in support of your claim:

a) Please specify the clause(s) pursuant to which the charges were applied;
b) Please specify whether the charges applied were due to a breach of contract by the Claimant;
c) Please identify in each case the particular breach of contract (by reference to appropriate term(s) of the contract) that the charge related to.

I'm afraid that I just glaze over as soon as I ready legal speak and cannot get my head around it Any help would be greatfully appreciated as I don't know whether I should respond or not. HELP - 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

As Martin says, send them your list of charges and use his wording from above.

tipples_2

I am new to the forum so please bear with me! I have been reclaiming my charges and followed all the template letters etc and have put my claim in with MCOL, during this process I was offered 50% from Natwest as a goodwill gesture but decided to continue action. Obviously, when I sent the letter I gave them our account number and dates and amounts of each charge disputed. Today I have received a letter from their solicitors Cobbetts which asks for the following:

1. In relation to each charge please identify (a) the date when the cahrge was charged; (b) the amount of the same; and (c) the reason(s) given for the charging of the same.
2. In relation to each charge, please clarify the following: (a) is it the case of the Claimant the same should not have been cahrged? (b) If yes; please explain why the Claimant contends that the same should not have been charged? (c) If no; is it the case of the Claimant that the same should not have been charged in this amount? (d) 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 charged. (e) If no; please state the Claimant's case.
3. In your claim you state that "the charges are an unlwful extravagant penalty" Please provide the following particulars in support of your claim: a) Please specify the clause(s) pursuant to which the charges were applied; b) Please specify whether the charges applied were due to a breach of contract by the Claimant; c) Please identify in each case the particular breach of contract (by reference to appropriate term(s) of the contract) that the carge related to.


Do we need to respond?? It's about as clear as mud to me what they actually want so could someone out there help me Thanks

Twinkly

tipples wrote: »

I am new to the forum so please bear with me! I have been reclaiming my charges and followed all the template letters etc and have put my claim in with MCOL, during this process I was offered 50% from Natwest as a goodwill gesture but decided to continue action. Obviously, when I sent the letter I gave them our account number and dates and amounts of each charge disputed. Today I have received a letter from their solicitors Cobbetts which asks for the following:

1. In relation to each charge please identify (a) the date when the cahrge was charged; (b) the amount of the same; and (c) the reason(s) given for the charging of the same.
2. In relation to each charge, please clarify the following: (a) is it the case of the Claimant the same should not have been cahrged? (b) If yes; please explain why the Claimant contends that the same should not have been charged? (c) If no; is it the case of the Claimant that the same should not have been charged in this amount? (d) 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 charged. (e) If no; please state the Claimant's case.
3. In your claim you state that "the charges are an unlwful extravagant penalty" Please provide the following particulars in support of your claim: a) Please specify the clause(s) pursuant to which the charges were applied; b) Please specify whether the charges applied were due to a breach of contract by the Claimant; c) Please identify in each case the particular breach of contract (by reference to appropriate term(s) of the contract) that the carge related to.


Do we need to respond?? It's about as clear as mud to me what they actually want so could someone out there help me Thanks

Ok a quick translation of that ridiculous gobbledegook is:

1. When were you charged ? How much for ? Why exactly ?


2. For each charge - do you think you should not have been charged ? If yes - why do you dispute the amount of the charge ? If no - is it the amount you dispute but not the charge ?
If you think you should have been charged something then how much ? If you dont think you chould have been charged then state why.

3. Which bit of the contract are you supposed to have broken and been charged for ?

This is purely intimidation and quite frankly, arguementative. Your claim is clear as regard the courts requirements and if the court requires any further information relating to your claim it will ask for it officially. Cobbetts dont have the right to ask you for this and you dont need to reply.

You can simply advise them that their intimidation tactic is noted but will receive no response until justified. Further that the Particulars Of Claim are complete for the purpose of the court and further information in relation to your claim will be provided to the court upon direct request from the judge and leave it at that.

Good luck

simontavi

Having been through the online court process our bank - RBS - has employed solicitors Cobbetts to mount a defence for our claim of £3500. Their defence runs to six pages, and they have also requested further information. Besides requesting info on stuff we have already submitted - charges, dates, accounts etc - they have asked the following and we're unsure how to respond. Incidentally we've not received anything from any court about the next set of proceedings.

[I]THE ROYAL BANK OF SCOTLAND PLC Defendant
REQUEST FOR FURTHER INFORMATION AND CLARIFICATION
NOTE – IMPORTANT
1. This request is served pursuant to CPR Part 18 alternatively with regard to CPR Rule 27.2(3).
2. The reason(s) why this request has been served are set out in the Defence which has been served by the Defendant.
3. You are asked to provide a response to this request in accordance with CPR Part 18 by 5 June 2007.
4. If you are unable to provide a response by this date then you are asked to contact the Defendant's solicitors promptly and tell them when you will be able to provide a response.
5. In the event that you do not provide an adequate response to this request by this date (or such other date as may be agreed with the Defendant's solicitors) then the Defendant can apply to the Court for an order requiring you to provide the information requested or (in view of the deficiencies in the way that the claim is pleaded) an order striking out the claim(s).

The Request

1. In your claim you state: "the Defendant debited numerous charges from the Claimant's account".
2. Please provide the following particulars in support of your claim:
2.1. To what account(s) (giving details of the account name, number and sort code) were the charges applied.
2.2. In relation to each charge please identify (a) the date when the charge was charged; (b) the amount of the same; and (c) the reason(s) given for the charging of the same.
2.3. In relation to each charge, please clarify the following: (a) is it the case of the Claimant the same should not have been charged? (b) If yes; please explain why the Claimant contends that the same should not have been charged? (c) If no; is it the case of the Claimant that the same should not have been charged in this amount? (d) 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 charged. (e) If no; please state the Claimant's case.
3. In your claim you state that "the charges are an unlawful extravagant penalty'.
4. Please provide the following particulars in support of your claim:
4.1. Please specify the clause(s) pursuant to which the charges were applied;
4.2. Please specify whether the charges applied were due to a breach of contract by the Claimant;
4.3. Please identify in each case the particular breach of contract (by reference to appropriate term(s) of the contract) that the charge related to.
5. In your claim you state that the charges are: "an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999".
6. Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 5 above, and in particular please identify the contractual provision(s) that the Claimant alleges are invalid by reference to the Regulations.
7. DATED this 22 day of May 2007[/I]

Any help on this matter would be greatly appreciated!

attheraces

Don't let them take control. Stick to your timescales as set out in the stages of claim. Ignore their 4-weeks nonsense. Don't let them bully you into backing down.

Keep pushing with your claim. Once again, follow the guidance given in the claim stages. Keep to the timescales given and don't let them dictate timescales and terms to you. Keep firm with them and follow all the way to the end if neccissary.

Good Luck with your claim... You're a winner already!

Kurt_Hamster

simontavi wrote: »

Having been through the online court process our bank - RBS - has employed solicitors Cobbetts to mount a defence for our claim of £3500. Their defence runs to six pages, and they have also requested further information. Besides requesting info on stuff we have already submitted - charges, dates, accounts etc - they have asked the following and we're unsure how to respond. Incidentally we've not received anything from any court about the next set of proceedings.

[I]THE ROYAL BANK OF SCOTLAND PLC Defendant
REQUEST FOR FURTHER INFORMATION AND CLARIFICATION
NOTE – IMPORTANT
1. This request is served pursuant to CPR Part 18 alternatively with regard to CPR Rule 27.2(3).
2. The reason(s) why this request has been served are set out in the Defence which has been served by the Defendant.
3. You are asked to provide a response to this request in accordance with CPR Part 18 by 5 June 2007.
4. If you are unable to provide a response by this date then you are asked to contact the Defendant's solicitors promptly and tell them when you will be able to provide a response.
5. In the event that you do not provide an adequate response to this request by this date (or such other date as may be agreed with the Defendant's solicitors) then the Defendant can apply to the Court for an order requiring you to provide the information requested or (in view of the deficiencies in the way that the claim is pleaded) an order striking out the claim(s).

The Request

1. In your claim you state: "the Defendant debited numerous charges from the Claimant's account".
2. Please provide the following particulars in support of your claim:
2.1. To what account(s) (giving details of the account name, number and sort code) were the charges applied.
2.2. In relation to each charge please identify (a) the date when the charge was charged; (b) the amount of the same; and (c) the reason(s) given for the charging of the same.
2.3. In relation to each charge, please clarify the following: (a) is it the case of the Claimant the same should not have been charged? (b) If yes; please explain why the Claimant contends that the same should not have been charged? (c) If no; is it the case of the Claimant that the same should not have been charged in this amount? (d) 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 charged. (e) If no; please state the Claimant's case.
3. In your claim you state that "the charges are an unlawful extravagant penalty'.
4. Please provide the following particulars in support of your claim:
4.1. Please specify the clause(s) pursuant to which the charges were applied;
4.2. Please specify whether the charges applied were due to a breach of contract by the Claimant;
4.3. Please identify in each case the particular breach of contract (by reference to appropriate term(s) of the contract) that the charge related to.
5. In your claim you state that the charges are: "an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999".
6. Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 5 above, and in particular please identify the contractual provision(s) that the Claimant alleges are invalid by reference to the Regulations.
7. DATED this 22 day of May 2007[/I]

Any help on this matter would be greatly appreciated!

Firstly, they are BSing you. Your claim is not subject to CPR18 and they know it. The main intention of this defence is to intimidate you. Should it get to court (and they have no intention of going there) the judge would come down on them.

At this stage you do not have to answer any of their questions, that is for the hearing.

The only response you need to give them is in response to 2.1 and 2.2. If you haven't already supplied with your claim a listing of each individual charge (with its date, its reason and its amount, along with its accrued interest) as well as the sorting code and account number of your account you should supply this to them.

The rest of their questions will be answered when you put together your court bundle.

Other than that don't worry about it, it's a template they send out to most people.

Please also read... http://forums.moneysavingexpert.com/showthread.html?t=400981

http://forums.moneysavingexpert.com/showthread.html?t=461779

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

.................