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Solicitors letter from NatWest re: Court

Please - please - please can someone assist me - this is quite, quite urgent.

I have to reply to NatWest's solicitors letter by Tuesday 3 July so I need to post it today or tomorrow and I could really do with some help.

:eek:

I've answered all of the questions but this one but I am stuck on this one...

Does anyone know what I should put here for the best effect?..
"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 the same should not have been charged? (c) if no; is it the case of the Claimant 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 of the Claimant contends should have been charged. (e) if no; please state the Claimants case."

Many many thanks
«1

Comments

  • rjcm
    rjcm Posts: 19 Forumite
    I'd rather not a bombardment of hyperlinks if possible.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    rjcm wrote: »
    Please - please - please can someone assist me - this is quite, quite urgent.

    I've answered all of the questions but this one but I am stuck on this one...

    Does anyone know what I should put here for the best effect?..
    "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 the same should not have been charged? (c) if no; is it the case of the Claimant 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 of the Claimant contends should have been charged. (e) if no; please state the Claimants case."

    Many many thanks

    a) please see particulars of claim
    b) please see reply to a) above
    c) please see reply to a) above
    d) please see reply to a) above
    e) please see reply to a) above

    (This is on the assumption that you have fully set out your case in the particulars of claim, refering to unfair contract terms act, etc etc)
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • rjcm
    rjcm Posts: 19 Forumite
    I don't understand - why do I have to answer the same question 4 times?
  • rjcm
    rjcm Posts: 19 Forumite
    or even five times!!
  • rjcm
    rjcm Posts: 19 Forumite
    I think I must just burst into tears in a minute (again)!
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    In fact you don't need to answer the questions at all.

    **warning hyperlink** :)

    http://forums.moneysavingexpert.com/showthread.html?t=391640
  • rjcm
    rjcm Posts: 19 Forumite
    so EDINBURGHLASS did you just ignore such letters?
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    Its not a question of ignoring the letters but as said in the thread I linked you to, you do not need to answer the solicitors questions, those questions are for the court to ask.
  • GarethR
    GarethR Posts: 242 Forumite
    Part of the Furniture Combo Breaker
    rjcm wrote: »
    Please - please - please can someone assist me - this is quite, quite urgent.

    I have to reply to NatWest's solicitors letter by Tuesday 3 July so I need to post it today or tomorrow and I could really do with some help.

    :eek:

    I've answered all of the questions but this one but I am stuck on this one...

    Does anyone know what I should put here for the best effect?..
    "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 the same should not have been charged? (c) if no; is it the case of the Claimant 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 of the Claimant contends should have been charged. (e) if no; please state the Claimants case."

    Many many thanks

    This is what I sent back to them:

    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


    Slight variation to Edinburghlass but does the job :T

    Oh & I would send it Special Delivery if I was you, only definite way it will get there by Tuesday morning.
    Official DFW Member 587 :T
  • Twinkly
    Twinkly Posts: 1,772 Forumite
    Just out of curiosity who says you have to reply by 3rd july ? Is your court hearing on the 3rd july ? If its the solicitors who say so and your court case isnt imminent then theres no need to kill yourself replying exactly on time. I would send the letter the usual first class recorded delivery.

    This letter is an attempt to put the frighteners on you and stress you. Reply with no more than common courtesy and certainly dont spend any more than necessary on postage !
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