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

czerpy

Sorry if this question already been covered but I amm new to this.
I have made claim on MCOL and natwes defending it and I have received their defence from their solicitors and it scares me. Solicitors are also asking for further/info/clarification but they are requesting info already given when I wrote to bank. They are stating I have to reply by 19th June (so time running out) but I have not heard from court regarding any hearing date. Do I have to respond to solicitors because if I do I am struggling as it is all legal jargon and I don't think I can continue as it is too scary.
Is there anyone who has had this from bank and if so what have they done. By the way before taking bank to court they never responded to any of my letters.
Please help me.
Thanks

princesskez26

czerpy wrote: »

Sorry if this question already been covered but I amm new to this.
I have made claim on MCOL and natwes defending it and I have received their defence from their solicitors and it scares me. Solicitors are also asking for further/info/clarification but they are requesting info already given when I wrote to bank. They are stating I have to reply by 19th June (so time running out) but I have not heard from court regarding any hearing date. Do I have to respond to solicitors because if I do I am struggling as it is all legal jargon and I don't think I can continue as it is too scary.
Is there anyone who has had this from bank and if so what have they done. By the way before taking bank to court they never responded to any of my letters.
Please help me.
Thanks

Yes respond to the solicitors send them what they are requesting even though they already have it, this is common.

Im also in the same position of you but against Lloyds TSB, I've received my defence this morning and am awaiting to hear from the court regarding what is going to happen next.

Dont panic, all will be well, and i'm sure you'll have your money soon enough :j

Kez

swampy28

Sorry if this question already been covered many times but we arenew to this.(i'm acting on behalf of my son).
we have made claim on MCOL because of no reply from bank and natwest defending it and we have just received their defence from their solicitors Cobberts of Manchester and it scares us. Solicitors are also asking for further/info/clarification but they are requesting info already given in Martins standad letter when I wrote to bank. They are stating we have to reply by 29th June or their apply to the courts to force one, but we have not heard from court regarding any hearing date. Do we have to respond to solicitors because if we do, we am struggling as it is all legal jargon & Consumer contract reg's and we don't think we can continue as it is too scary & could be costly.
Has anyone else had this sort of response from their bank and if so what have they done. Please help me.
Thanks:eek:

GarethR

Swampy, Im in the same boat and about to post a request to check what I have is correct. Keep your eye on it mate as it could help you aswell

GarethR

Hi all, I got the expected defence from Cobbetts this morning requesting the following:-

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.

Do I simply respond with:-

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:

As I have already detailed all the charges to my bank & I would expect you to have the information to hand, however please find enclosed a full breakdown to assist you.

Yours Faithfully

Does this need also need to be sent to the court or do I just send it to Cobblers (their new name)

Thanks guys :T

Megan_Jones

In the same boat. Cobbets defence requests that i detail all charges and state reaons why i don't feel they are justified. Phoned Cobbets yesterday to request an extension because i have been on holiday. Recieved a letter this morning advising that the case has been transfered to my local court. Very confused what to do?

Stephen_Leak

swampy28 wrote: »

Sorry if this question already been covered many times but we arenew to this.(i'm acting on behalf of my son).
we have made claim on MCOL because of no reply from bank and natwest defending it and we have just received their defence from their solicitors Cobberts of Manchester and it scares us. Solicitors are also asking for further/info/clarification but they are requesting info already given in Martins standad letter when I wrote to bank. They are stating we have to reply by 29th June or their apply to the courts to force one, but we have not heard from court regarding any hearing date. Do we have to respond to solicitors because if we do, we am struggling as it is all legal jargon & Consumer contract reg's and we don't think we can continue as it is too scary & could be costly.
Has anyone else had this sort of response from their bank and if so what have they done. Please help me.
Thanks:eek:

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 make you give up and go away.

To their eternal shame, Cobbetts (or Cobblers, as some call them on here) have an unenviable reputation for being the worst for this.

You do have to reply to them with all the information they ask for. The judge will expect both parties to show courtesy to each other. Therefore, it will do your case no harm whatsoever, when he reads their defence and your reply and sees how you have responded to them.

Post the text of the defence on here, and one of our "legal eagles" will be along to translate it from legal gobbledegook into English.

Please read the Reclaim Bank Charges Help thread for information and the Reclaimed Bank Charges Success Stories and Reclaimed Bank Charges Success Stories II threads for inspiration.

Edinburghlass_2

As the above posts, send the solicitors the list/spreadsheet of your charges even if you have already send them, use Martin's wording earlier in the thread where he asks why the solicitor doesn't already have the details of the claim!

As regards the rest, you can ignore this as it is termed as intimidation at this point.

GarethR

Ok all, I have drafted this letter based on a few posts in here, could someone say whether the content is acceptable, this would probably help others in the future aswell

Dear Sir or Madam,

Re: Claim No:

I acknowledge the receipt of the defence dated (enter date) posted on behalf of National Westminster Bank plc. I have already detailed the charges which were sent along with my letter dated (insert date of letter sent with charges), I am also concerned you are dealing with this case without having kept the original paperwork. To confirm the charges please find enclosed a full detailed list to assist you.

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:

Yours faithfully

frugalpam

GarethR wrote: »

Ok all, I have drafted this letter based on a few posts in here, could someone say whether the content is acceptable, this would probably help others in the future aswell

Dear Sir or Madam,

Re: Claim No:

I acknowledge the receipt of the defence dated (enter date) posted on behalf of National Westminster Bank plc. I have already detailed the charges which were sent along with my letter dated (insert date of letter sent with charges), I am also concerned you are dealing with this case without having kept the original paperwork. To confirm the charges please find enclosed a full detailed list to assist you.

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:

Yours faithfully

Hi Gareth - it's pretty much what I wrote - have PM'd you

Pam