Reclaim Unfair Bank Charges Discussion Area

Twinkly

nwuser wrote: »

I am claiming Bank charges from RBS (£2,100) - they entered a defence on the 27th day with MCOL. The same day their solicitors, Cobbetts, sent me a letter and a lot of legal jargon, requesting further information and clarification.

They say

'You are asked to provide a response to this request in accordance with CPR Part 18 by 17th May 2007' it goes on 'in the event that you do not provide an adquate response to this request by this date then the Defendanct can apply to the court for an order you to provide the information requested or an order striking out your claim.

They ask for the following information:

inrelation to each charge identify a the date when the charge was charged b the amount of the same and c the reason given for the charging of the same.

(I thought I had done this with my original letter)

There is also lots of other legal questions, which I do not understand ie

'specify the clause pursuant to which the charges where applied'

Is this all meant to confuse and put me off pursuing my claim - because at the moment it has?

I have not heard anything from the court system to say which county court will be dealing with my claim - does this usually take sometime - and should I reply to Cobbetts before I hear from the bank?

I'd seen something similair posted and copied down the reply for future reference, it may help you. I've posted it as is and you will need to change the name of the bank if you use it, obviously Thanks to Esmerellda for this:

"At the defence stage it appears that the NatWest solicitors are asking claimants to complete a Cpr part 18.
They claim they have insufficient POC and request the claimant to send this to them.There is no requirement to do this and the letter below can be sent in response.
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:

Please also find enclosed a breakdown of all charges I am claiming.
Yours Faithfully"

Edit: If you look here at the Civil Procedure Rules Part 18:
http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part18.htm

You will see that it is the court who would normally ask for this information and there is no obligation for you to comply with the solicitors on this unless the court orders you to do so. You can send them another list of charges, this is a common request, and that will suffice.

A complete list of the Civil Procedure Rules - Parts and Directions can be found here for your perusal and may come in handy:
http://www.justice.gov.uk/civil/procrules_fin/menus/rules.htm

They are trying to put you off there is no doubt about that, but stand your ground. Good luck

Twinkly

nikmondo wrote: »

Hi Guys,

is it correct that you send the second letter (the one claiming for a refund on your charges) to your local branch as I am a bit puzzled!

Thanks in advance.

Nik

You can hand it in at your local branch, getting a receipt for it, and they will pass it to the relevant department internally. You then reply to whatever address/person replies to you. Good luck

cyberman_3

nwuser wrote: »

I am claiming Bank charges from RBS (£2,100) - they entered a defence on the 27th day with MCOL. The same day their solicitors, Cobbetts, sent me a letter and a lot of legal jargon, requesting further information and clarification.

They say

'You are asked to provide a response to this request in accordance with CPR Part 18 by 17th May 2007' it goes on 'in the event that you do not provide an adquate response to this request by this date then the Defendanct can apply to the court for an order you to provide the information requested or an order striking out your claim.

They ask for the following information:

inrelation to each charge identify a the date when the charge was charged b the amount of the same and c the reason given for the charging of the same.

(I thought I had done this with my original letter)

There is also lots of other legal questions, which I do not understand ie

'specify the clause pursuant to which the charges where applied'

Is this all meant to confuse and put me off pursuing my claim - because at the moment it has?

I have not heard anything from the court system to say which county court will be dealing with my claim - does this usually take sometime - and should I reply to Cobbetts before I hear from the bank?

STALLING TACTICS DESIGNED TO CONFUSE AND SCARE YOU.
If you have correctly requested the 6 years of charges and the RBS
have provided this information and then you have claimed correctly
you have done all you can do.

It is worth confirming to Cobetts this information even though their client the RBS will have already given them the same

THEY SAY 'specify the clause pursuant to which the charges where applied'
This is a highly ambiguous statement meaning that it is open to or having several possible meanings or interpretations. Suggest you phone them stating the paragraph is ambiguous and ask for a full explanation. They must explain to you, a County Court judge will not be happy if they don't. The county court system is there for the ordinary man not high tech solicitors

Could you please post their answer on this site which will assist others.

If anyone is confused with legal words then you can find the answer here
http://dictionary.reference.com/

In the meantime CONTINUE. THE RBS HAVE TAKEN YOUR MONEY AND YOU WANT IT BACK.

A few posts back you can see that BBC Watchdog exposed the RBS for sending personal and private information on their customers to the wrong people. As a bank, the RBS are in a lot of trouble

cyberman_3

Twinkly wrote: »

I'd seen something similair posted and copied down the reply for future reference, it may help you. I've posted it as is and you will need to change the name of the bank if you use it, obviously Thanks to Esmerellda for this:

"At the defence stage it appears that the NatWest solicitors are asking claimants to complete a Cpr part 18.
They claim they have insufficient POC and request the claimant to send this to them.There is no requirement to do this and the letter below can be sent in response.
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:

Please also find enclosed a breakdown of all charges I am claiming.
Yours Faithfully"

Edit: If you look here at the Civil Procedure Rules Part 18:
http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part18.htm

You will see that it is the court who would normally ask for this information and there is no obligation for you to comply with the solicitors on this unless the court orders you to do so. You can send them another list of charges, this is a common request, and that will suffice.

A complete list of the Civil Procedure Rules - Parts and Directions can be found here for your perusal and may come in handy:
http://www.justice.gov.uk/civil/procrules_fin/menus/rules.htm

They are trying to put you off there is no doubt about that, but stand your ground. Good luck

Well done twinkly ... you must have been typing this post at the same I was doing my reply A BRILLIANT LETTER and in paricular about intimidation

emmabanks

debt_beater_bexs wrote: »

Stick to Martin's timetable and either go with the third letter (warning of court and a further 7 days) or start proceedings against them with MCOL, and no further warnings!!!

Thanks for your help....hopefully I'll be sorted soon!!! They know how to churn it out!

Emu

cyberman_3

Listen to a BBC Radio programme on this subject

http://news.bbc.co.uk/1/hi/programmes/inside_money/5260016.stm

Euskaltel

Hi,
I have just checked my bank account online and discovered that a "referral" charge has been taken out of my account for £30. The reason I was checking is because I had received a letter in the mail saying I had a "service" charge of £28 going out on 27th May for going over my overdraft....slightly confused I telephoned my bank and asked for an explaination in the course of which they gave all the usual reasons. It seemed that I had gone over my overdraft limit because of another service charge of theirs and on the same day had taken £10 from a cash machine. The referral charge was therefore for taking the tenner!! I then asked them why I hadnt been told about the referral charge (as now because of this I am again over my overdraft) so I could have put money in to cover it. They replied stating that because I had once had another referral charge they didnt have to send notice of this one, even though the previous charge could have been ten years ago!!! Does anyone know if they can do this, take money from your account without notice?? I tried customer relations but it was engaged!! Cheers

bellabean_2

Apologies if this is a daft question, but having successfully reclaimed the charges on my boyfriend's account, I was wondering if it's possible to reclaim charges on an account that's now closed? It's a First Direct Current Account that I closed in Feb to avoid the 10GBP monthly charge.

Thanks!

cyberman_3

bellabean wrote: »

Apologies if this is a daft question, but having successfully reclaimed the charges on my boyfriend's account, I was wondering if it's possible to reclaim charges on an account that's now closed? It's a First Direct Current Account that I closed in Feb to avoid the 10GBP monthly charge.

Thanks!

YES you can re-claim on a closed account

theozziend

jayneg wrote: »

No Im with Nasty West and their even nastier solicitors Cobetts. My Notice of Allocation says "each party shall deliver to the other and to the court office copies of all documents on which they intend to rely at the hearing no later than 14 days before the hearing". I expect every court will be slightly different. The girl I spoke to this morning said they were inundated with these claims and couldnt keep up with them! SO KEEP IT GOING EVERYONE!! I was told by them once the hearing date is given you cant change your original claim but these extra charges can be brought to the attention of the judge on the hearing day and up to him to award them - assuming of course you win on the day!!!!!! Failing that, a fresh claim has to be started - BRING IT ON!!!

Im feeling so much better. Was so stressed last night and wondering if all worth the hassle but - as usual - when everyone started posting replies it keeps you going so thanks to everyone who replied to me last night and early this morning 7am!!!! My claim for 2400 but think there have been a further 200 further charges so far and court hearing not til 4 July so god knows what they will be by then!! Good luck and I will keep posted of developments JG

VERY BEST OF LUCK. I LOOK FORWARD TO SEEING YOUR SUCCESS STORY ON THE 5TH!! :beer: