Hi Guys,
Please can I possibly have some advice from a Mod or legal person regarding my next step on the following.
To explain in as much detail the circumstances that I find myself in, I have well and truly had it with RBS. They have constantly hounded me, made the last 2 years of my life a pure hell, and I do wish to God (any God) that I had never walked through their doors all those years ago with a smile on my face, looking to open a current bank account.
In Jan 1998 my wife opened a current account with RBS, this had an overdraft facility.
In Sep 2003 we opened a joint account with them.
In April 2005 we took out a home improvement loan with them
Due to unforseen circumstances, Nov 2006 our income decreased unexpectedly, we fell behind on some payments, bit the bullet and asked for help.
We contacted all of our creditors straight away via CCCS who helped arrange letters, SOA's and as one of the agreements we offered to pay RBS a reduced amount per month from Jan 2007.
Intially they wanted more but agreed, in the end.
This was had in writing from RBS on the basis that it may be reviewed at a 6 month period.
I state now we have never disputed our liabilities to RBS except charges levied against our accounts, and we have dutifully without fail, paid the agreed amount to them on time via standing order.
RBS subsequently closed our accounts without warning and demanded all overdrafts, loans etc to be repaid.
This not only compounded our issues but for the next couple of months made life a bit harder. We got accounts elsewhere and maintained our payments all creditors owed.
In April 07 we requested charges to be refunded against one the accounts, this was initally challenged but in May 07 they capitulated and agree to lodge the amount against my wife's current account.
We got a phone call in Nov 07, asking whether we were in a position to pay the outstanding £24K (all account overdrafts, loans etc)
We told them no, based on our current levels of income we could still only afford the current amount currently paid to them, and that we were prepared to review this again in the New Year.
The next time we heard from RBS was through Shoosmiths, in Dec 07 via Northampton County Court, applying to take court action to recover the outstanding full amount.
During this time we have continued to make payments to them.
With help from Consumer Action Group, I read the forums and drafted a defence based on the fact that I was not given an opportunity to address the payments, and that I had always been open to discussion with RBS, but apart from the one phone call demanding full payment there had been no arrangements made and I had continued to pay RBS what I could have afforded.
Defence was filed online. I then wrote to Shoosmiths Dec07 requesting information under CPR rules, so that I can file a good defence, but this was rejected by Shoosmiths, telling me that I was not entitiled to this information at this stage.
Acknowledgement of defence Jan 08 from the court.
My allocation questionaire was submitted in Feb 08.
Transfer of proceeding to local court Feb 08,
Feb 08 second letter to Shoosmiths requesting information under CPR rules, Allocation questionaire received from Shoosmiths.
They wrote back stating that I had already requested this and at the appropiate stage they would respond in writing, enclosing a copy of my previous request.
I received another letter from Shoosmiths, and court telling me that Claim was to be allocated to Multitrack, list of disclosure by 4th April 08, witness statements by 12th May 08, Pre trial by June 2008.
Trial to be listed within a three week window commencing July 08.
March 08 transfer of proceeding to another Court, one further away this time, for trial.
March 08 letter from Shoosmiths, a draft Tomlin order, and charging order on our property, on the basis that we paid £6 extra per month, on agreement, court proceedings would be dropped.
If not accepted they would make an application for our defence to be struck out and they would seek furhter costs of 6K from us.
We rejected this on the basis that we had not had a CCJ lodged against us, and that this would make what was an unsecured loan secured against our property.
Our home is all that we have, plus having a small family, we did not want to entertain any risk to our children at any cost.
It went on to state, should we fail to make one payment, the claimant would be entitled to lift the stay of proceedings and enter judgement.
It also stated that the claimant be at liberty to apply for a charging order to which we would not be able to object.
Once a charging order was obtained, they would not enforce the sale whilst we made payments .
Now it starts to get interesting,
March 08 we get the notice of Allocation to Multi-track, documents to be served by April 08, and by 15th April Mutal Disclosure by both parties.
Shoosmiths also sent us copy of loan agreement, statements that were incomplete, as they did not show any subsequent payments made since the account had been closed, no refund of the £475.00 they had already admitted to in writing in regards to charges, two screen prints stating customer not able to increase payments. Customer is a home owner, customer offers an amount that will take X years to clear debt.
June 08, letter from the court General Form of Judgement or Order, stating that unless Claimant files by 24th June, the application for summary Judgement, with supporting evidence or Pre-Trail checklist the claim will be struck out.
30th June 08
It was ordered that we attend court 14th July to fix a listing hearing.
Reasons
To consider the Claimants implied application to give further time for disclosure and exchange witness statements and to vary trial timetable.
To ascertain the reasons for failure to comply with the order of 10th March 08 and to consider sanctions accordingly.
8th July we received from Shoosmiths a copy of Allocation Notice and witness statements, and a draft order requesting a further extension to Aug 08. An application to move the trial window to Oct 08.
We attended this and took all relevant documents with us hoping to get the case struck out on the basis that 1) we were still willing to come to some sort of arrangement with RBS and 2) to get the case struck out because we still had not recieved all documentation in which to file or indeed mount a suitable defence.
The judge to be fair gave the solicitor a hard time in so much as he wanted to know why they had not filed relevant documents in time, but told us that without a good enough reason, ie defence, that it could not be struck as as there was no current agreement with RBS to continue making payments of the amount that we had been paying.
17th July, a letter from the courts, stating trial timetable to be suspended pending the hearing of the Claimants application for Summary Judgement.
This is to take place 29th July 08.
Can someone tell me what happens next? - Do we still get a charging order or do the courts decide in favour of RBS and what would be the likely outcome?
What will the Summary Judgement mean? and by it's implication do I have any legal recourse to challenge in any way this action?
Hopefully somebody can help or at least answer these qusetions.
I don't feel that I can give in so easily to RBS, and intend to fight them in any way that I can, after all I still do not dispute that we owe them, all I say is that we come to an amicable agreement, pay them off and move on.
Many thanks for reading !!
Us vs RBS Court Date / Defence Part 2 
Re: Us vs RBS Court Date / Defence Part 2 
