lANCASTERCHELSEA V. RBS/business

[lancasterchelsea]

Received 6 years statements in 2 lots.... they send approx 3 years to start with, then the balance.
Sent first letter..... claim approx £1400 including interest
let's hope they are quick

[Parkvale]

Hope and Quick are not in the dictionary of RBS i am afraid, but good luck and keep us posted.

[lancasterchelsea]

just had first letter back (6th June)from Sandy Watt, saying they will respond within 6 to 7 weeks. I will send out next letter (LBA) on 19th June... giving them 2 weeks before mcol

[Parkvale]

You are right on the ball. keep us posted. Good luck.

[lancasterchelsea]

The 14 days is up from the first letter
so am just about to send lba letter
ONE SMALL PROBLEM....... my first letter refered to a claim of approx £1400 including interest (not the 8% interest)
if I go back slightly further .... feb/march 2001.... the claim will increase by approx £225..... That would then include all charges since the account was opened. Should I try for more money and run the slight risk of a challenge to charges more than 6 years ago.
I favour going for the higher amount. It would be good practice for future claims going back to 1985!!!!

[lancasterchelsea]

I sent my lba in today, giving them 14 days to pay up.
I increased the charges to approx £1600
slightly past the 6 year period; but only just
In 2 weeks time, will issue the mcol claim

[lancasterchelsea]

2 weeks after the lba, I have filed claim on MCOL for £1000 plus £1200 compounded interest. I have heard nothing from RBoS since the first acknowledgement one month ago. We should see some action now.
Do I need to send to RBoS my spreadsheet calculations so they know where the figures have come from?

[lancasterchelsea]

RBoS have acknowledged the claim
Cobbetts Manchester..... intend to defend all of claim
they have until 24th August to submit a defence
As it is a business claim, I shouldn't get stayed etc
but i am sure that they will try it

[lancasterchelsea]

Got Cobbetts defence and request for further information....

Defence
POC does not disclose reasonable grounds
some greater than 6 years (about 25% of charges are greater than 6 years)..... but limitations act/concealment
a quibble about details of account (nonsense... it is a live current business account)
all my details are on my spreadsheet
prove they are penalties and prove breach of contract
they are not penalties and Cobbetts cannot plead until shown that they are
signed Lynsey Robinson

Request for further information
CPR rule 27.2 (3)
CPR Part 18 by August 20th
if not will apply claim struck out
ask for details of all claims...... (but it is all on the spreadsheet)

lots of legal indecipherable gibberish in 17th century English..... are these people trapped in some East India Company argument to Walpole about tea plantation ownership. They must think incomprehensible bull**** sounds good.

[hedgey06]

Unfortunately, it sounds as though you've received one of Cobbetts' rather tedious and laborious templates. They call it the defence as opposed to a template though!

You don't have to respond in full to their CPR par 18 request for further information unless the court orders you to do so. So in the meantime, click on the link for 'Nat West Claimant' in my signature and scroll down to the CPR 18 info. There's a link to a short letter to send to them in response - attach a copy of your schedule of charges to it (copy of both to your local court for info).

[lancasterchelsea]

Thanks for your help Hedgey
I sent the letter off to RBS re CPR 18 request etc 2 days ago

This morning received Notice of transfer of Proceedings from Northampton, transfering to my local court (good news)..... The order says.....

1) AQ is dispensed with... unless the district judge wants one

2) Any party may apply for set aside, varied or stayed under rule 3.3 (5)
must apply under Rule 23.3 within 14 days

The court enclosed the defence and request for further information from cobbetts.

I will send copy of my reply to CPR part18 to my local court

Do I need to head off a possible application for stay..... it is a business claim

[hedgey06]

Send the CPR part 18 response to Cobbetts primarily with a copy of your schedule of charges (copy to your local county court to add to your file once the claim is transferred).

The OFT test case is substantially concerned with the application of UTCCRs which is not applicable to business claims. So hopefully, a stay shouldn't be applied for by Cobbetts.

[lancasterchelsea]

Just got letter from Cobbetts/RBS, saying they have applied for a stay on my business claim. It has got past MCOL and been allocated to my local court. The judge at Nothampton says in the Order that "any party may apply inder rule 3.3(5) to have it set aside. such a party must apply under rule 23.3 within 14 days ie by 24th August. That is just what Cobbetts have done... evn though it is a business claim

[lancasterchelsea]

Got letter from Cobbetts re my RBoS business claim
They have WITHDRAWN THEIR REQUEST FOR IT TO BE STAYED!!!!!
they say that they now see it is a business claim and the OFT test case is not relevant to it.

[hedgey06]

That's good news! Second one this week

Just out of interest (and possibly to be on the safe side) could I ask what type of account you have and ask you to post up the exact wording of the PoC that you used when you filed your claim at court please? (you could send me a PM with the information on it if you're not comfortable posting it up on the open forum)

[lancasterchelsea]

I've put MCOL POC and cobblers letter on the business thread
I will repeat here if required
the account is a partnership/(NOT ltd) business current account

[hedgey06]

No problem - I've just read the post that you made on the business thread! As you filed via MCOL, your PoC is quite vague and it could be worthwhile amending your claim, particularly as it's a business claim.

Have a look at the response that I gave to Barneybubble earlier Barneybubble Vs RBOS (2) £12430.00 for further advice on how to do this.

Also, do you have relevant account T&C's?