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

Topgun_2

Have just arrived back in the country and seen the news re the test case on Bank charges and everything apparently being placed on hold.

I have also had a letter from Corbbetts filing a defence and asking for the following information by the 8th August 2007.

Can anyone help with the following. Apologies for it being a bit long winded.

1. In order for the Claimant to sustain a claim that the charges debited by the defendant are in the nature of a penalty the claimant will need to plead and prove (a) the clause(s) pursuant to which the charges were applied; (b) the charges were applied due to a breach of contract by the claimant; and (c) identifying in each case the particular breach of contract (by reference to appropriate term(s) of the contract) that the chharge related to.
As presently pleaded the claim does not plead these matters and therefore does not disclose reasonable grounds for bringing a claim that all or any of the charges refferred to in the Particulars of claim have been applied pursuant to an unenforceable penealty clause.

2. The claimant is required to identify the contractual provision(s) that the Claimant alleges are invalid by reference to the Regulation. Please specify all the facts relied on by the Claimant in support of the contentions.

No 2 The above refer's to the Unfair terms in consumer contracts regulations 1999.

Any advice help would be appreciated.

Edinburghlass_2

This is the banks defence and you don't need to answer any of these questions at this stage, this information will be provided in your court bundle should it reach that stage.

Reply to them with, yet another, detailed list of your charges and that is all you need to say to them.

los_lobos

Beate wrote: »

I looked it up, the thread is here:
http://forums.moneysavingexpert.com/showthread.html?t=391640

Check out for post 35 on page 2 for a nice reply to a CPR18 request, if this is what your letter from the solicitor says.

Hi all, so i sent the reply to the solictors representing the bank regarding their CPR18 request, the court also transfered my case to my local court enclosing the request from cobbetts "CPR18", so what happens now, i know there is this test case going on is everything on hold, do i wait to here from my local court ?, thanks

TeresaH_3

Hi,I hope someone can help. I have been persuing a claim for £4k form NatWest. No offer was made so I chose to go through the small claims court. Service was files on 17th July and yesterday I received a letter from their solicitors with a copy of their defence and a request for Further Information.
Has any one else been at this Stage?
The website says that I should have received an allocation questionnaire to complete and return and this has not happened.
I feel Panicked!
How does this relate to what is happening with the OFT review?
Please write back if you have any helpful advice.
Thank you.

Edinburghlass_2

Have a read of the above posts, you don't actually need to respond to the further information asked for however its always a good idea to send another detailed list of your charges.

You'll next here from the court to say your claim has been transferred to your local court and that will tell you if an AQ is required or not. This has been standard procedure for some time and nothing to do with the test case.

Dede_2

Hi edinburghlass, need a little help please. Have recieved a letter of Yorkshire bank solicitor today asking for a Part 18 Request. they are saying that there was no details provided of the charges l allege should be refunded(date and Amount levied) with your claim form. Am l right in saying that when l put the claim in through the internet court route there is nothing on the form asking for a sort code or account number and that that is all to be included with a court bundle. In every letter l sent the bank l enclosed a list of the charges ( done through Martins Interest calculations site) plus on the top of every sheet l wrote the bank account number on. They have asked for this info by 13th August or they will apply to the court for an order requiring me to provide the info requested. What should l do !

Edinburghlass_2

I've moved your post out of where it was Dede and I'll shift it into another thread once I know you have seen this reply.

Send the solicitor a detailed list of your charges, date taken, description etc with account number, sort code etc but if they have asked for other information you are not obliged to answer them at this stage.

Dede_2

Hi edinburghlass,
thanks !! Was a bit concerned when l recieved the letter. My account with lloyds got to the same stage but they settled , it just got me when they asked me this request .

Dede_2

Hi Edinburghlass, Thanks l have done !!!

jennyheaps

I have been following your sites advice...thank you. We filed our case with the online court for £3,500 about a month ago. Natwest acknowledged the claim at the very last minute. This morning we received a letter from Natwest's solicitors, Cobbetts.

The letter enclosed a 'defence' and a 'request for further information and clarification'. I was expecting the defence but not the other!

Some of the request is straight forward i.e. to give details of my account, the amount and reason for the charge etc.
However, I'm not sure how to answer this bit....

" In relation to each charge, please clarify the following:
(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 Claimants case."

Do you have a template for this question?

Any advice would be great. Cheers.