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

lallen08

I have made a claim through the online system, and the bank are defending the whole claim so I can not continue with the MCOL. I have however received a covering letter from Nat West Solicitors enclosing a defence and request for further information, therein giving me until the 7th June 2007 to give them further information.. Am I to respond directly to them? or am I to await further instructions from my local court? all correspondence so far is for Northhampton county court but this came from the solicitors and not the courts.... they are also requesting i detail the reason for each charge ie unauthorised overdraft etc, is this the case or can I simply send the interest calculator format as i have previously which gives details of date, amount and interest only? Any help and advice appreciated - Many Thanks

limpbz

lallen08 wrote: »

I have made a claim through the online system, and the bank are defending the whole claim so I can not continue with the MCOL. I have however received a covering letter from Nat West Solicitors enclosing a defence and request for further information, therein giving me until the 7th June 2007 to give them further information.. Am I to respond directly to them? or am I to await further instructions from my local court? all correspondence so far is for Northhampton county court but this came from the solicitors and not the courts.... they are also requesting i detail the reason for each charge ie unauthorised overdraft etc, is this the case or can I simply send the interest calculator format as i have previously which gives details of date, amount and interest only? Any help and advice appreciated - Many Thanks

it will be transferd to you local court then they will contact you by mail

kellbell_3

I have recieved a letter from my banks solicitors asking for a breakdown of all the charges from my claim form and interest blah blah blah!

Do i send them the spreadsheet i originally sent the bank, or a new list now with the intrest as of todays date?

Thanks

never-say-never

25/04/2007 I recieved 'Notice that a Defence has been Filed'
The Defendant has filed a defence. An allocation questionaire is also enclosed which contains notes for guidance on how to complete it.
You must complete the allocation questionaire on or before 14th may 2007 and return it to the court office. cost £100.

I filled in the questionaire and posted it on 27th April 2007. Along with Two letters 1. Small Track Letter and 2. Draft order for Directions.

How long should it take to hear from the Court???

What else could I expect???

26th May 2007 I recieved this letter from HSBC Solicitors?

Our Client has passed to us the Claim Form which you have issued, detailed above. In order that we may investigate your claim with our client we shall be pleased if you will provide us with a fully itemised breakdown of the amount claimed within your claim form. In this respect, and by way of example of the information we are seeking, we require an itemised list of the date of the charge, description of the charge and value of the charge together with a note of the interest, if any, you have claimed. At this juncture we are unable to address your claim without the information sought and which will serve to delay any potential resolution of this matter.

Note:- It has been going on since February And just wondered if I should send them another copy of the charges?

Thank you one and all. Hope you can help

Alan

Edinburghlass_2

Yes, just send them off again as per Martin's post which I have quoted further up.

I would think it won't be much longer before you get a court date and further instructions from the court.

Spinxy

my claim has been defended, by the banks solicitors (Natwest/cobbets)

cobbets have been asking for lots and lots more info detailing why each and every one should be refunded, why they should pay the interest etc etc.

i have read from here and told by someone at the court that i didn't have to respond or deal with them as long as everything got sent to the court they will get copies, i have since been told differently by my court and told i have to send copies to everyone!! another problem to add, i have since left the country and all mail still goes to my english flat which i still own.

also i have been told that the court are far to busy and are trying to relocate the claim to another court which will take approx 15weeks?!?!?

i'm finding it very hard dealing with it from here and am seriously thinking about accepting there offer of 2200 approx 800-1000 less than my claim.
whats the lastest you have to accept there offer?!? also the court informed me the banks have been taking the claims all the way since the begining of the year?!?!

what should i do to get back on top of this?!?!

Kurt_Hamster

Spinxy wrote: »

my claim has been defended, by the banks solicitors (Natwest/cobbets)

cobbets have been asking for lots and lots more info detailing why each and every one should be refunded, why they should pay the interest etc etc.

i have read from here and told by someone at the court that i didn't have to respond or deal with them as long as everything got sent to the court they will get copies, i have since been told differently by my court and told i have to send copies to everyone!!

You only have to send them documentation they don't have. You don't have to answer their questions.

another problem to add, i have since left the country and all mail still goes to my english flat which i still own.

Do you really think it was a good move to take a large bank to court just before you leave the country?

Your flat isn't taking legal proceedings, you are.

also i have been told that the court are far to busy and are trying to relocate the claim to another court which will take approx 15weeks?!?!?

You are entitled to speedy justice, 15 weeks is far too long. Before they can transfer it to another court you have to be notified and you can object to the decision if you so choose.

i'm finding it very hard dealing with it from here and am seriously thinking about accepting there offer of 2200 approx 800-1000 less than my claim.
whats the lastest you have to accept there offer?!? also the court informed me the banks have been taking the claims all the way since the begining of the year?!?!

If you take a bank to court there is always the possibility of it ending up in court, okay it's not likely but the chance is still there.

It sounds like some of your problems though are down to going abroad. I'm afraid that you have to take responsibility for that and put up with the problems it causes.

what should i do to get back on top of this?!?!

Put a stay on your case until you get back to the UK. Complain to the court and object to the court about the transfer and then do some homework. You sound ill prepared to do what you have to do to continue the claim.

Twinkly

Spinxy wrote: »

my claim has been defended, by the banks solicitors (Natwest/cobbets)

cobbets have been asking for lots and lots more info detailing why each and every one should be refunded, why they should pay the interest etc etc.

i have read from here and told by someone at the court that i didn't have to respond or deal with them as long as everything got sent to the court they will get copies, i have since been told differently by my court and told i have to send copies to everyone!! another problem to add, i have since left the country and all mail still goes to my english flat which i still own.

also i have been told that the court are far to busy and are trying to relocate the claim to another court which will take approx 15weeks?!?!?

i'm finding it very hard dealing with it from here and am seriously thinking about accepting there offer of 2200 approx 800-1000 less than my claim.
whats the lastest you have to accept there offer?!? also the court informed me the banks have been taking the claims all the way since the begining of the year?!?!

what should i do to get back on top of this?!?!

The letter you have received is standard scare tactics and easily and quickly dealt with. Cobbetts often launch this ridiculous questionnaire at claimants in an attempt to scare them off. It is classed as a CPR Part 18 Request for further information and is issued by the court if and when appropriate. The simple fact is that they dont have the right to demand you answer the questions and only the court can make you do this. A telephone call from the court when you have rung them yourself, the court has not contacted you, isnt enough to compel you to do so. If the court wishes more information it will ask for it in writing and directly.

Given that this tactic has been seen before and dealt with on the forum I am posting a letter here that you can amend as necessary to your own situation and send back to the solicitors:

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


As for the delay in allocating your case to a court and hearing date unfortunately all you can do is wait. You are one of thousands reclaiming and will simply have to wait your turn. Dont read any more into it than that and stop stressing.

It may very well be true that Natwest have been taking claims all the way to court since the beginning of the year but it is also true that they have continued to settle claims at court stage rather than appear in court to defend so dont worry.

Send the letter above to Cobbetts and wait for a court date, thats all you have to do to get back on top of it. Good luck

rachieb_2

hi, please can someone help me.

i am trying to reclaim my charges from NATWEST bank, i have today received a defence and a request for further information and clarification pursuant to CPR part 18.

they want to know "please identify the regulations of the Unfair terms in consumer contract regulations 1999 relied upon by the claimant relied upon by the claimant in alleging that the contractual provisions referred to are unforceable.

in what format do i respond?, i only have 14 days to do so.

Please please please can someone help.

Edinburghlass_2

Have a read of the post by Martin further up, send off the list of your charges and you can use the letter by Twinky with the list.