Don't know what to do from here.....

tanmu

Hi, I am helping my dad to reclaim bank charges, but as I have only gotten involved at this late stage I am unsure as to how I should proceed. Let me outline the problem...

1.Initially my dad calculated the charges incorrectly and never included a full statement of charges and interest in his correspondence, just a total figure.
2.He has been issued a CPR18 and defence from the bank's solicitors Cobbetts and has been given until 10th July to respond.

I am in the process of recalculating the charges, but want to know if submitting a different sum will affect his claim negatively. Has making this mistake compromised the case?

Please help, I am completely confused by all the legalities, not to mention snowed in under piles of statements that need recalculating!!!!

GarethR

Hi thats standard crap from Cobblers on behalf of Nastywesy!

In simple you can redo your figures & make sure you contact the courts to let them know, they allow you to modify your detail aslong as you pay £35 (someone may need to confirm this but Im pretty sure).

Aslong as you contact the courts to let them know you dont have to say anything to Cobblers.

When you speak to the courts run it by them & I will send you a template of what to send back to Cobblers. To send me a Private Message, click my name & select PM

Hope this is of help

tanmu wrote: »

Hi, I am helping my dad to reclaim bank charges, but as I have only gotten involved at this late stage I am unsure as to how I should proceed. Let me outline the problem...

1.Initially my dad calculated the charges incorrectly and never included a full statement of charges and interest in his correspondence, just a total figure.
2.He has been issued a CPR18 and defence from the bank's solicitors Cobbetts and has been given until 10th July to respond.

I am in the process of recalculating the charges, but want to know if submitting a different sum will affect his claim negatively. Has making this mistake compromised the case?

Please help, I am completely confused by all the legalities, not to mention snowed in under piles of statements that need recalculating!!!!

tanmu

Hi, I have finally managed to cobble together a response to the CPR18 issued to me by cobbetts, I am posting it here for some advice or for some of you more experienced posters to give it the once over before I send it. It has to arrive in their office by Tuesday so time is of the essence and I would really appreciate some feedback asap!!!

IN THE LEICESTER COUNTY COURT CLAIM NO. XXXXXXX



BETWEEN XXXXXXXXXXXXXXXXXX

Claimant



-and- NATIONAL WESTMINSTER BANK PLC

Defendant


RESPONSE TO REQUEST FOR FUTHER INFORMATION AND CLARIFICATION


NOTE- IMPORTANT

This response is served pursuit to CPR 18


The Response

1. In response to Para 2.1 and 2.2 (a)(b); 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, the reason and the interest accrued on each charge.

2. In response to Para 2.2; of the defendants request, the claimant has already explained why the charges should not have been applied but for the avoidance of doubt the claimant alleges that the charges are Penalty charges and are therefore 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.

3. In response to Para 2.3(a) Yes, the claimant should not have been charged an amount above the true administrative cost incurred by the respondents,
In response to Para 2.3(b) the claimant should not have been charged for reasons outlined in Para 2.
In response to Para 2.3 (c)The claimant argues that each charge debited by the Defendant from the Claimant’s bank account should not have been charged in the amount that was charged. It is the Claimant’s case that each charge is a disproportionate penalty in that each charge does not truly represent the actual cost to the Defendant.
4. In response to Para 2.3(d) The Defendants 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. Had the Claimant been made aware of the breakdown of each and every charge debited, the Claimant would have been able to reply to this particular request.

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.

Sincerely,


I have also sent a letter to both the courts and cobbetts detailing my revision of the claim amount with a copy of the schedule of charges (as advised by the court over the phone). and a nudge letter to cobbetts asking them to settle out of court for the full amount and save us all time and money.
Q1) Is this CPR18 response accurate/sufficient?
Q2) Do I still need to send a draft order (even though I've been told that an AQ will be dispensed with unless the DJ orders otherwise)?

Thanks for all the help I've had so far, just need to tie it all together now to make sense of everything and get this dreaded mess over with.