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

Stephen_Leak

We are here to serve.

Give them everything they want. Don't give them any excuse to say that you haven't complied.

I'd include the account name, number and sort code in the covering letter, and include a list of the charges, with the date, amount, reason (I used what I did to incur the charge, ie. late payment, not their description of it on their statements, ie. default fee!) and the interest to the date you issued the court claim. I used Martin''s online interest calculator and then added the "reason for charge" column in Excel.

Write the covering letter to the solicitors, but also remember that the judge will also be reading it. Play the solicitor's childish game, but turn it to your advantage.

Twinkly

Just to add to Stephens excellent advice that, since the judge will be reading them, I would make clear in those letters that the information has already been provided on numerous occasion but that you are enclosing copies for their convenience. :rolleyes:

debt_beater_bexs

Hello. I am just about to complete my allocation questionaire and remember seeing some guidance comments as to how to best complete the form. My deadline is today! Could someone please point me in the right direction

Much appreciated

Twinkly

brightonman wrote: »

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

Its a good idea to do so. Send the copies with a covering letter to say that 'the enclosed communications are for the courts retention and perusal relative to your claim'. Thats a posh way of saying 'these are for you'.

Twinkly

debt_beater_bexs wrote: »

Hello. I am just about to complete my allocation questionaire and remember seeing some guidance comments as to how to best complete the form. My deadline is today! Could someone please point me in the right direction

Much appreciated

Here you go:
http://forums.moneysavingexpert.com/showpost.html?p=3889249&postcount=8

Thanks to Rex_Mundi

deb5376

Firstly, apologies I posted this Sunday night and my post was moved and I cant seem to find where it now is. Sorry to anyone who has replied with help already. I received the following letter from Cobbetts and im completly lost now. How should I respond and what does it all mean, have I done something wrong.Both Natwest and MCOL have had my breakdown of charges dates,amounts with interest charges to. Any help greatly,greatly appreciated.I have 14 days to respond


1. this defence is filed and served without prejudice to the right of the
defendant to apply for summary judgment in respect of and/or to strike
out the particulars of claim.
2. the defendant is embarrassed by the lack of particularity pleadedin the
particulars of the claim to the extent that the particulars of claim fail
to disclose reasonable grounds for bringing a claim against the
defendant. in particular tha particulars of claim do not disclose any
legally recognisable claim against the defendant.
3. 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
oreder striking out the particulars of claim.
4. the defendant reserves the right to plead to the paticulars 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.


Many thanks in advance

russell_bingham

is it normal for banks to have solicitors contact you asking for proof ofyour reclaim?

i recived a letter from Sechiari, Clark and mitchell regarding my Lloyds tsb account.

thay request

1. Each and every individual amount of the charge that you are claiming and are disputing,
2. the date of each and every charge that you say was deducted from your account
3.how you calculate interest
4.how i got the sum of 1414;55 AND
5. my account and sort code.

Northernbird_2

It's perfectly normal. Not sure why. I got a similar letter and they said that unless I provided the information they couldn't look into the claim (ie they didn't have it). Once I'd sent it, they told me it didn't match the information they already had from the bank!!

I faxed them a print out of my spreadsheet giving date of charge, description of charge on statement, amount of charge, amount of interest and totals. No reason not to, and if you didn't it could be considered as being unreasonable if it went to court.

BrianPTS

Hello All.

Can anyone help out on this? I have received a letter from a solicitor acting on behalf of the RBS defending my claim.

In a long drawn out letter (in solicitor language) they are requesting certain information from me that if "in the event that the Claim is not properly particularised then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same"

The information that they are looking for is as follows:

1. My account details - including name, number and sort code.

2. Details of the charges (dates, amounts and reasons).

3. The solicitor states that - In your claim you state thatthe charges are: "an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999"
They then say - Please specify all of the facts relied on by the Claimant in support in paragraph 3 above, and in particular please identify the regulations of The unfair Contract Terms in Consumer Regulations 1999 ("the Regulations") relied upon by the Claimant in alleging that the contractual provision(s) reffer to are unenforceable.
HELP!!!!!!

What are they talking about???

The first 2 items I can provide but as for item 3 any ideas what I need to do?

I look forward to your help and advice.

Thanks

Brian.

Twinkly

BrianPTS wrote: »

Hello All.

Can anyone help out on this? I have received a letter from a solicitor acting on behalf of the RBS defending my claim.

In a long drawn out letter (in solicitor language) they are requesting certain information from me that if "in the event that the Claim is not properly particularised then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same"

The information that they are looking for is as follows:

1. My account details - including name, number and sort code.

2. Details of the charges (dates, amounts and reasons).

3. The solicitor states that - In your claim you state thatthe charges are: "an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999"
They then say - Please specify all of the facts relied on by the Claimant in support in paragraph 3 above, and in particular please identify the regulations of The unfair Contract Terms in Consumer Regulations 1999 ("the Regulations") relied upon by the Claimant in alleging that the contractual provision(s) reffer to are unenforceable.
HELP!!!!!!

What are they talking about???

The first 2 items I can provide but as for item 3 any ideas what I need to do?

I look forward to your help and advice.

Thanks

Brian.

The first two are standard stalling tactics but write advising that you have already provided the bank with this information and will again provide it for the solicitors convenience and send it.

The third is classed as a CPR Part 18 request for further information. They do not have the right to ask for this and you are not obliged to provide it. If the court requires further information it will ask for it directly and officially. You can use the following in your letter to them to reply to their letter and deny the third request:


Dear Sir or Madam:
Claim No:

I Acknowledge the receipt of the defence posted on behalf of RBS.

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


Good luck