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

Richard_Tisdall

I followed the advice on this site trying to reclaim £2695 + interest from NatWest. They failed to respond to either of the initial letters so I started a claim on MCOL.

They acknowledged at the last minute stating they would defend. At the same time they wrote to me saying all the you are wrong, charges are fair etc. blah blah but as a gesture of goodwill you can have the 2695 as a gesture of good will.

They have filed their defence and copied it to me and it all looks like pretty standard stuff.

However their solicitors Cobbets are asking for a lot of info and I could really do with some advice from someone in the know bout what I should or must do. My inclination is that they are trying to make me give up?

They are asking for

a) Account name, number and sort code each charge relates to
b) In relation to each charge date, amount and description
c) In relation to each charge clarify, is it my case I should not have been charged, if yes why not, if no is the amount invalid, if yes explain why and say how much I should have been charged, if no please state my case
d) As I followed the instructions on this site I stated in my claim “an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999” I am being asked to specify all the facts relied on by me in support of this in particular to please identify the regulations of those terms etc. etc.

Their letter states that if I do not reply they will ask the court to compel me to do so or have my claim struck out. I have been deadlined to respond by 08 June.

What do I do? Do I need to respond and if so how much info do I have to provide? I did include all the account and charge info with my original letters to NatWest to which they did not have the decency to respond until I took them to court.

Any help or advice would be massively appreciated.

Cheers

Richard

Edinburghlass_2

If you hold on I'll put your post into the thread that tells you exactly how to deal with the solicitor's letter!

Richard_Tisdall

Thanks for the advice and sample letter

Regards

Richard

jona1970

Hi everyone, just so I am ready incase I get the same letter from my banks solicitors, if they ask for an itemised list of charges is this the list you request from the bank originally?
Thanks.

topperdoggle

Hi all,

I have been claiming against Natwest in the "usual" way. I received an offer of settlement on the 21st May, which was the full amount minus the 310 interest and 120 court fee. I had claimed for Advantage Gold fees as well, as they had ignored my previous written requests to stop the service. These have since been refunded. Their offer took this into account - should I write to the Court and/or Natwest and let them know that the total amount of my claim has changed?

On the 25th May, I received a Defence and Request for Further Information from their solicitors. They are asking for a schedule of charges i.e. dates, amounts, reasons. But Natwest already have this, as I sent them a massive highlighted pile of statements. I do have a spreadsheet that I can send them however.

They are also asking, for each charge:
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.

I have not responded to either yet. I want to get the interest and court fee as well, as is my right. What do I do?

My gut feeling is to get the solicitors off my back by telling them that as I am litigant in person, I need more time, then reply to Natwest saying that I note their offer but they did nothing until I went to court, and if they don't pay the interest and court fee as well I will have no option other than to proceed with my action? Is this correct?

Also, I have not yet sent the court a breakdown of the charges - do I need to do this?

Sorry for all the questions, hope they make sense to somebody.

TD

brightonman_2

Huge thanks to Twinkly and Edinburghlass for your contributions here -- very reassuring.

When I sat down this lunchtime, taking a deep breath to tackle the letter from Cobbetts, I was very nervous indeed. Between you, you've furnished all the information I need, without needing to bore everyone with the particulars of my own case.

Just as a bit of encouragement to others, I'm actually pursuing charges from two different accounts, and NatWest sent me an offer on one for the full amount of charges on the same day that a letter from Cobbetts was sent out relating to that very account! It's clear, therefore, that NatWest (and the other banks) are suffering an internal meltdown, where one office has no idea what the others are doing, paperwork is going astray, and these solicitors' letters are just a knee-jerk, panic reaction on their part.

Like "The Hitchhiker's Guide to the Galaxy" used to advise: DON'T PANIC!

brightonman_2

Quick question -- when replying to Cobbetts, should one also send a copy of the correspondence to the court?

JumpJet

I've got a claim running against Lloyds TSB. I've just received a letter from a firm of lawyers acting for them. It says "Your claim form does not include details of the account number, name and sort code or the individual charges which you are claiming. nor does it show a calculation of the interest yopu are claiming. Please send us within 7 days of the dtae of this letter a breakdown from you, giving full account details and showing each charge, what it relates to and the date levied, and a calculation of the interest. The Bank will then be able to respond to the claim. Otherwise the Bank will make an application to strike out the claim".

Firstly, do I have to respoind to this letter within the requested timescale? Secondly, do I have to provide the information they've asked for, particularly as I've already provided their client with the full details of my claim already? Also, the claim was based on information provided by the bank themselves!

Finally can they really get the claim "struck through" if I don't respond?

Any help would be gratefully received...

Stephen_Leak

I'm afraid you do. The judge will expect both parties to show respect to each other. So complying with their "request" will do your case no harm whatsoever when the judge reads the covering letters! Just keep it concise and courteous: they know full well that the MCOL form only allows you 1089 characters and are just doing it to be awkward.

Yes, they could apply for the claim to be struck out, if you don't keep to the procedures. And if you also got a judge who was a stickler for those procedures ...

JumpJet

Stephen, Thanks for your speedy reply. I'm an extreme novice in these procedures so need my hand holding! I've got a detailed breakdown from LLoyds TSB, shall I just send a photocopy of these sheets along with a covering letter. Shall I also give them the bank account details as requested?

Roger