Koenigsegg v RBoS

[Koenigsegg]

After learning that many people have claimed back their charges i decided to give it ago, and i`m glad i did.

Sent for may statements using the DPA SAR letter, thay arrived several weeks later, added up all the charges that came to roughly £1.8k, sent my prelim (recorded delivery) off to Stuart Higley and got a standered reply saying `charges are fair, reasonable and transparent`, sent my lba and....got another standard letter off them saying they are disapointed i am unsatisfied and contemplating legal action etc.

Filed my N1 (better than mcol) at the local county court, recieved an acknowledgment from Cobbetts saying they intend to defend the whole claim. Recieved a defence from Cobbetts along with a CPR Pt 18 request.

Then i recieved a letter from Cobbetts offering me a goodwill payment of £850 to drop the case, I declined. After that I filed my allocation questionaire and got some court directions from the judge, it had been allocated to the `fast track` and on the 1st november (that was the day the judge had ordered the defendant to disclose costs) i recieved a cheque for 2.5k (includeing interest and costs).

[Koenigsegg]

A copy of Cobbetts CPR pt 18 request



The Request-

1. In your claim you request `the return of amounts in the sum of xxxxxxx debited by the defendant in terms of charges.`

2. Please provide the particulars in support of your claim:


2.1 T o what account(s) (giving details of the account name, number and sort code) were the charges applied


2.2 In relation to each charge please identify (a) the date when the charge was charged, (b) the amount of the same; and (c) the reason(s) given for the charging of the same.

2.3 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 in this amount and identify the sum the claimant contends should have been charged. (e) if no; please state the claimants case.

3. In your claim you state that the charges are : `unenforceable by virtue of the unfair Terms in Consumer Contracts Regulation 1999, the unfair contract terms act 1877 and the common law`

4. Please specify all the facts relied on by the claimant in support of the contentions in paragraph 3 above, and in particular please identify (a) the section(s) of the unfair contracts act 1977 (“UCTA 1977”); (b) the regulations of the unfair contract terms in consumer regulations 1999 (“the regulations”); and (c) the principles of common law relied upon by the claimant in alleging that the contractual provision(s) referred to are unenforceable. Please also identify contractual provision(s) that the claimant alleges are unenforceable by reference to the UCTA/ the regulations.

[Amethyst]

Have you responded ?

[Koenigsegg]

yeah, thats what the cpr pt 18 response post is refering too

[Amethyst]

lol awww shucks