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

Penalty_charges

hi dont be scared they probably want the information to see what your claiming and how you worked it out, also by writing to you they can bill their client for that work.

just send them the spread sheets of the charges. it also worth writting to them and asking them to supply you with a copy of your T@C

example

I respectfully request a true copy of the original terms and conditions applicable to this account at its inception together with a copy of the original contract.

hope this helps

stephen Hone

deb5376

I would like to say a big thankyou to all who have helped with my post and to Twinky many thanks for the draft response which will be off in the post tomorrow. Your help is greatly appreciated.

minnimace

Hi im new to this but basically ive been sent a cpr18 and a request for further info .Help what do i do? Also i recd this on thurs and still havent recd a court allocation questionnaire? also natwest sent a letter 2 days ago and have offered me a small amount in the form of a goodwill gesture do i reply to say no? thanks minnimace

jumgee

minnimace wrote: »

Hi im new to this but basically ive been sent a cpr18 and a request for further info .Help what do i do? Also i recd this on thurs and still havent recd a court allocation questionnaire? also natwest sent a letter 2 days ago and have offered me a small amount in the form of a goodwill gesture do i reply to say no? thanks minnimace

I posted this on CAG,

1. This response is served pursuit to CPR 18


2. My belief is that I have supplied the defendant with sufficient particulars of my claim and at every stage I have always tried to provide the defendant with all the information that you have requested from me. It concerns me that you have been dealing with this case up until now without having the appropriate paperwork.

It is my understanding that the Court is bound by an overriding objective to deal with cases justly and ensure that parties are on an equal footing. As a goodwill gesture I will supply you with my account details and list of explicit bank charges, date and reason in spreadsheet form, assuming that you have not been supplied these by your client. In response to Para 2.1 and 2.2 (a)(b)(c) of defendants request please find herewith (attached Schedule one) a break down of the charges applied to the claimants account this includes the claimants account number sort code and the dates of the charges were applied and the reason.

3. In response to Para 2.3(a) Yes, the claimant should not have been charged an amount above the true administrate cost incurred by the respondents; (b) the claimant alleges that the charges are Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. (c) the claimant should have been charged the true administrative cost, (d) In response to Para 2.3(d) The Respondents have asked what the claimant should have been charged, to answer this the claimant will need a break down of the administrative cost incurred by the defendant in applying the said charges.

4.I thoroughly understand that part 27.2(1)(f) applies subject to paragraph 3 of part 27.2, which states that the Court (of its own initiative) may order a party to provide further information if it considers it appropriate to do so. Therefore my full intentions are to supply all the information that the Court needs, if and when the Court requires it. Therefore 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 expected 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.

5. If the defendant requires any further information, the claimant will be happy to provide this once the discloser of documents/information has been dealt with by the court.

JumpJet

Roger_Hemming wrote: »

I'm the thread-starter on this one... Here's an update for those good enough to offer advice. I've now sent a pleasant and courteous letter back to the solicitors providing them with the information they required, it went recorded delivery and I've had confirmation they've had it. They've got until close of play tomorrow to enter a defence, so fingers crossed!

:eek: Damn! With seconds to go, the solicitors acting for Lloyds TSB entered a defence. A copy of their defence arrived in this morning's post. It raises a couple of interesting points and I'd appreciate your thoughts please.

1. "By opening a business account with the Bank, the customer enters into a commercial arrangement with the Bank for the providsion of banking services. The Bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with a Welcome Pack, which includes the Bank's charges leaflet. By using the account, the customer acknowledges that the charges are incorporated into the contract".

2. "There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Bank's loss. It is denied that the charges are punative or that they duly enrich the Bank".

3. "It is denied that the Unfair Contract Terms Act or the Unfair Terms in Consumer Contracts Regulations apply to business customers, who are not contracting as customers, as required by the Act and the Regulations".

My thoughts are that the bank's charges are indeed penalties, how on earth can they describe debiting me £15 per day when I'm over my agreed overdraft as anything else? Bearing in mind that they also whack me with a huge charge when they bounce a cheque or standing order AND hike up the interest! What is the next step for me and can I do anything to get the bank to actually admit the real cost of sending me a letter telling me about my trangression, because surely the whole reason behind all of this is that these charges don't reflect the bank's real costs? I laughed when the defence stated that the bank is not duly enriched by these charges!:rotfl:

I must admit that I'm quaking now, so I need some advice and reassurance please.

troyboy

hi is there anyway i can get someone to look at the letters iv been sent by the royal bank of scotlands solicitors they are totally confusing and im now nervous about having to go to court

Stephen_Leak

Firstly, don't panic!

Whilst taking a bank to court is not something to be entered into lightly, you have a right to justice. The bank also has a right to defend your claim against them, but the legal jargon their solicitors will use is designed to intimidate you into giving up.

Post the text of the letters on here and one of our legal eagles will translate it for you.

The bank’s solicitors won’t turn up. They daren’t. The last thing they want is to have to answer some potentially very expensive questions, such as just how little it does cost them to administer a late payment, overdraft, etc. However, this doesn’t mean that you “win” automatically. You still have to prove to the judge that you are due your charges back.

The next step is to start getting your court bundle up together. This is basically three copies of everything you already have: your list of charges, your letters to the bank and any letters from the bank. Depending on the actual defence, you will need some other more legal documents.

Please read the Court Bundle Checklist thread.

frizzielizzie

Hi. i am currently at the mcol stage with natwest. They have acknowledged and have until the 18th to defend. I have now received a letter offering nearly the full amount. My claim is now more than my original claim as i have added interest and the charge for mcol. I am tempted to accept as i need the money but if i reject it i have a chance to get my charges with interest which is about an extra £600. My worry is that a judge would deem their offer as reasonable and i would end up with the amount they have offered but probably a few months later. Can anyone help me??

ian1953_2

just received a long letter from nat wests lawyers refuting my claim and asking for all documents to be sent which i done ages ago to the bank anyone out there can help me on this

Edinburghlass_2

As the above posts, send them the list of your charges even if you have already done so and if you have used MCOL its a good idea to fill in the "long version" of your POC which you'll find in the Reclaim Help Thread, linked in my signature.