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Two weeks ago I started court action after receiving an offer of about 10% of the amount owed (including interest). The court acknowledged today which gives them 28 days from 14th June 2007 to file a defence or deal with me. I have followed the process (before I saw this site) of 1/ request statements, 2/ request money plus interest, 3/ Final request, 4/ offer from bank, 4/ Left phone messge saying I was going to court, 5/ bank phoned and left message saying willing to re-investigate, to which I tried to reply but no one who had acces to my "spreadsheet" had any idea who or why this message was left. They did say they would put another message "up" and I would hear within a week, to which I said I was fed up thier time scale and 6/ filled at court on 14th June. As with my thread Barneybubble vs RBS (1), I have added the interest to the total them use dthis total as the sum claimed. Have I done this wrong and can I rectify it??????? I you can assist would be greatly appreciated. I will post more once I have heard from court/bank. Help!?
If you've entered your charges into something similiar to one of these 6. interest calculation spreadsheets (which calculates when the charge was applied to your account and calculates the 8% interest from that date) then that's the first step correct.
So if you're claiming the charges + the interest worked out on each charge as above + court costs............ you've done it right.
If you've added another 8% on top of that amount............... that's incorrect!!!
If you've entered your charges into something similiar to one of these 6. interest calculation spreadsheets (which calculates when the charge was applied to your account and calculates the 8% interest from that date) then that's the first step correct.
So if you're claiming the charges + the interest worked out on each charge as above + court costs............ you've done it right.
If you've added another 8% on top of that amount............... that's incorrect!!!
Which one is it?????
Wow Hedgey06, that was quick! Thanks for the reply greatly appreciated. Having read the link i may have done wrong. Quick Breakdown;
1/Used Martin Lewis spreadsheet to work out interest (just like the ones you linked).
2/Sent demand letter to RBS with the amount detailed as charges+int=total (as per Martin Lewis template).
3/ Sent lba to RBS with the amount detailed as charges+int=total (as per martin lewis template).
Please understand that the AMOUNT CLAIMED £X, was including the interest from the spreadsheets, but the interest was not detailed seperately or refered to on the MCOL form. Sleep well!!!
xyz............. abc.............. I'm definitely going to bed in a minute!!
Bigmac will correct me if I'm wrong, but I don't think it's a major problem - at least you know what the individual charges are and what the 8% interest is. At least you've not added the 8% interest on twice.......... which was it originally sounded like!!
Hi, time for un update. Sent my chrages in listed as per the court request. Then today receive a letter from the court on both of my RBOS claims, saying that it has been stayed. "Permissoin is granted..to apply to lift the stay specifying why the claim should not await the test case decission". Do I just sit and wait now?? All help greatly appreciated. See also my other thread. http://www.consumeractiongroup.co.uk...-1-7775-a.html
Today I received a letter from COBBETTS sayong that they have applied to the court to have the STAY lifted because this account is a business account. It is a business account BUT I am a sole trader (not limited). They have invited me to confirm with the court that I want the stay lifted and provide them with a schedule of charges (already done in my letters to Cobbetts and the court). PLEASE PLEASE could someone help as I really am not sure where i stand as a SOLE TRADER ie me trading as. What should I do?
Barney,
Your in excellent hands with Hedgey helping you here, but just in case you wanted to do a bit of background reading on other people claiming against Business accounts, you might want to take a look at an subscribe to this thread. It's a long one I'm afarid, but you might find some useful stuff in there.
Very peculiar that RBS of their own initiative have requested to have the stay lifted? Makes me wonder whether they've found something within our POC that makes them think they have a chance of contesting it? Any chance you could post the actual wording of :
1/ Your Claim particulars
2/ The actual wording of their requet to have stay lifted
It may be that you may need to make an amendmant, and Hedgey will guide you through the process.
If you feel uncomfortable about posting such info, perhaps PM Hedgey and get his advice.
Thanks for coming back to me on this. My POC were very vague to begin with (I had not taken on board the wonderful advice and details available on this site). Cobbetts then wrote to me saying that they were going to ask the court to throw out the case because of my POC which were effectivelly "illegal bank charges". I sought advice on this sight and found the correct POC, which I pasted and filled in onto a letter back to Cobbetts saying that this is what my POC were to be changed to and asking them to "OK" them. Before I had heard back the stay was put in place. I will have to pay the £35.00 to have my new POC put into place. I am at work at the moment but I will copy the letter from Cobbetts on to this thread tonight. The type of business acoount, which was set up in 2000, was a sole trader account ie my trading as, NOT a ltd compaby account.
Hopefully here from you after I have posted the copy of the letter. I will also copy the NEW POC I have as yet to file with the court BUT which are on a letter to Cobbetts for them to "OK".
Rgards to all:?
Hi Photoman, Thank you. I will post all of the info later. I may have to PM just purely because of the nature, but if I can copy without it prejudicing i will for any future thread readers.
Thanks barney. I'd advise you to formallyamend your claim (you don't need to OK it with Cobbetts though). What you'll need to do is file an amendment to your claim via the courts.
What I suggest you do is have a really good read of this thread. It explains exactly what you need to do to amend your claim to ensure it isn't struck out in court.
Firstly, download the N1 form and save it to your pc. Copy and paste the POC in this thread onto the N1 form and make sure your calculations are accurate on the front page (charges, interest, daily rate of interest, etc). You can't save the changes on the N1 form so make sure you get everything 100% accurate, then print off 3 copies and attach a copy of your schedule of charges to each one.
Secondly, download the N224 form and complete it using the guidance in the first link I gave you above. Print off 3 copies, attach to the front of each N1+schedule of charges and take them to the court office along with the £35 fee. The Court will then amend the details, re-seal the claim, return it to you and it is then your responsibility to re-serve it on RBoS. Ensure that you keep a copy of the sealed N1 for yourself too. Once you have served the claim you should send the Court a completed certificate of service which is here along with a copy of the N1 so that the court knows when the bank need to respond.
You'll probably need to do all of this once the stay is lifted - but I'll check this out and post back later.
When you post back later, can you let me know if you have any relevant T&C's for the account please Barney?
Hi Hedgey, again thanks for your help on this one. I have read the thread. GREAT. And am now filling in the N1 an N244 (maybe a little early if I have to wait for the stay to be lifted, but I wil fill the date in by hand). Could you please advise- my spreadsheet is long and has three coloumns, one being the interest (using the calculator). On the N1 (page 1) it asks for value (big box) and then bottom right amount calimed. Should theses figures be purely amounts charged or should they include the interest. Its just on my initial claim the interest was included.??????? I do not have any T&C's for the account, moved to many times! Is it important?
Sorry Hedgey, dont want to waste your time, I have just figured that it is the sum of the charges and then later in the POC it asks for interest as per the calculator to be added.
We refer to the above matter, your letter dated xx and our letter dated 22 August 2007.
It has come to our attention that your claim relates charges applied to a business account. Accordingly, we have written to the court to have the stay lifted. Should you wish to proceed with your claim we invite you to confirm with the Court and ourselves in writing, your agreement that the stay be lifted.
In light if the above, could you please provide us with a schedule of charges that you are seeking to recover. The schedule should outline the date, amount and nature of each individual charge along with any interest you are claiming.
Should you have any further queries, please do not hesitate to contact Alexandra Matich on 0845 165 5101.
Yours faithfully,
Should I be writing to the court requesting the stay be lifted?
Should I detail again all of the charges (they have the info about the type of charge) seeing as how I sent a copy of the charges to them again, when I copied them into the list I sent to the court when ordered??:?
I've been giving this peculiar behaviour by the banks some thought, and this is my theory:
After some further contemplation, I am now wondering (and invite anyone else to comment on this view), that perhaps the Banks are in a bit of a panic about the effects of having masses of cases delayed pending the OFT case? i.e that if the case goes against them (and it most likely will), this would then mean that they would be liable for a whole load more additional interest on masses of claims that would have accrued throughout the stay period (especially if the OFT case drags on through appeal after appeal etc) ?
So perhaps this is their reasoning for trying to get some of the backlog sorted?
Should I be writing to the court requesting the stay be lifted? Should I detail again all of the charges (they have the info about the type of charge) seeing as how I sent a copy of the charges to them again, when I copied them into the list I sent to the court when ordered??:?
Hi Barney - sorry, I haven't been online today (footie with the kids!)
Write a letter addressed to the Court Manager (c.c. Cobbetts) quoting your claim number and respectfully confirming as per attached letter from the Defendant (e.g., Cobbett's letter) that you would like your claim to proceed. On the letter, state something like "please find attached, a copy of my schedule of charges as requested by the Defendant". That way, Cobbetts can't say yet again that they don't have a copy of your schedule!
Attach a copy of your schedule of charges and a copy of the letter from Cobbetts - that way you're covered on all angles. Take the letter to the court personally if possible. If not, send both letters (court and Cobbetts) first class recorded or special delivery.
With regards to the T&C's, we could really do with seeing a copy of Cobbett's defence if possible. You could then send them a part 18 request demanding the original T&C's from the year your account was opened with them.
If you can post up a copy of the defence (if possible) please do so, we can then support you to put a part 18 request together.
Hope this helps a little Barney, please keep in touch
Barneybubble Vs RBOS (2) £12430.00
). The court acknowledged today which gives them 28 days from 14th June 2007 to file a defence
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Originally Posted by hedgey06
i'm confusing myself. As my total sum included individual interest amounts on each charge have I done wrong?
!
