Thread: RBOS - court - help needed

Hi was wondering if there is anyone out there who can help me. I have taken RBOS to court and have had what appears to be a standard letter back from Cobbetts requesting information under CPR 18 with regard to CPR rule27.2(3) also asking me to
"in particular please identify the regulations of THe unfair Terms in consumer Contract Regulations 1999 (the regulations) relied upon by the claimant in alleging that the contractual provision(s) referred to are unenforceable"

I have until 11th july to respond with the information
HELP!!

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Who has given you until the 11th July to respond?

If it's Cobbetts go tell them to take a hike, any questions of this sort will be answered at the hearing.

Additionally if your claim is either for less than £5000 or has been allocated the small claims track then CPR18 does not apply, Cobbetts know this and yet they still keep trying it on.

If they have asked for any documentation that is missing then send it to them (along with a copy to the court) but any questions they ask that are of a legal nature then you aren't obliged to answer them at this point in time.

Cobbetts have given me to the 11th. The claim is for more than 5k which i submitted through MCOL. Some of the info they are asking for is easy - name account number etc plus list of charges and dates, they also want reason for the charge.
the other bit is if i am saying that the charge should not have been made explain why?

Really unsure and wish I'd accepted the offer (although it was recieved after I'd started the claim)

Cobbetts can't make deadlines for you, only you or the court can do that.

At this stage they can't start making CPR18 demands either. Once your case has been allocated to the fast track/multi-track then they can start using disclosure rules. Even then they can't make interogative demands as your case is to prove to the court, not prove to Cobbetts that what you say is correct.

The letters they send out are designed to be intimidating to the lay person.

Ignore their questions and just supply them with the documentation they ask for. It's quite standard for claims issued via MCOL due to the lack of space and the inability to accompany your N1 with additional documentation.

many thank i'm beginning to calm down - plus others on here are in the same situation its good to know its not just me!

Thanks

i've read somewhere there is a template for replying to cobbetts (Martin3030?) i have the usual info - account and list of charges etc but don't have a clue about the other things they are asking for ie CPR 18 with regard to 27.3
shall i just send them the charges info and not mention the other?

i've managed to find the letters there is a link to them in the nat west thread as they use the same solicitors -cobbetts (same standard letters it seems as well - well they are all one and the same after all!!!)

advice needed though as my claim is over 5k can i still assume it will go through small claims court? if not do i have to change the letter and what to? they refer to "CPR 18 alternatively with regard to CPR rule 27.2.(3)"

want to get this off asap so i wont fret about it

Ta

Originally Posted by tennis star

i've managed to find the letters there is a link to them in the nat west thread as they use the same solicitors -cobbetts (same standard letters it seems as well - well they are all one and the same after all!!!)

advice needed though as my claim is over 5k can i still assume it will go through small claims court?

Not necessarily, though you can ask for it to go through on the small claims track when your aq comes along.

if not do i have to change the letter and what to? they refer to "CPR 18 alternatively with regard to CPR rule 27.2.(3)"

Code:

27.2.(3)    The court of its own initiative may order a party to provide 
further information if it considers it appropriate to do so.

Here's a link to CPR18 part 27...

PART 27*-- THE SMALL CLAIMS TRACK

want to get this off asap so i wont fret about it

Ta

Tennis star-

My claim totals £7700 incl. interest, but it has just been allocated to small claims by the Court. Hearing date is 15 August.

thanks Nell
could someone help - there is a letter on the thread "loopholevrbs**Won** "(not sure how to insert the link) sorry which asks them (Cobbetts) for information regarding CPR 18 is it worth sending this as well.

this is the letter I am sending anyway :-


Claim xxxxx your client – Royal Bank of Scotland


I Acknowledge the receipt of the defence posted on behalf of Royal Bank of Scotland.
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: xxx
Account number: xxxxx
Sort Codexx
Please also find enclosed a Breakdown of all charges I am claiming, I have previously supplied these to your client on 8th April 2007 and 30th April 2007.


I can confirm I have filed the same with the court.

Thanks

Try sending this http://www.consumeractiongroup.co.uk...-re-cpr18.html to the court - c.c. cobbetts. Just adapt as necessary to suit your own claim.

thats great thanks - i'll get them both in the post tomorrow and await the next installment!

Well it seems its true - the RBOS have no idea whats going on!!

Sent letter to cobbetts (CC the court) and letter to the court re cobbetts CPR 18 request (cc Cobbetts) on Thursday.

Friday recieved letter from court moving case from Northampton to my local court (they'd crossed out the bit about aq being needed)

Saturday received letter from RBOS (Mark douthwaite) saying they were disappointed i'd not accepted their offer which they considered reasonable etc etc etc and that I could seek redress from the Ombusdman or the court!!!!!!!!!!!!!!!!!!!! !!

Originally Posted by tennis star

Well it seems its true - the RBOS have no idea whats going on!!

Very true, RBS have still been adding charges to my account, although I've got a court date and I've rung them 3 times pointing this out. Each time they've said "your account is on hold" and each time they send me another threatening letter!!
Now, instead of ringing or writing to them I just go outside and talk to my front wall ........I get a more intelligent reply!!!:o

Good luck

canobeans