Thread: Vs RBS

I live in London and my current account mortgage (CAM) is domiciled in Glasgow Scotland.

Does this make any diference?

Can I proceed as per outline in this site?

By the way. I thought that I may have had one or two charges over the years, not worth the effort - but I decided to have a look anyway. I was stunned when the total exceeded £2000.00.

I guess I have been complacent in allowing this to happen, but I intend to claim ....AND .... donate 5% to the site originators.

As you are in england it is governed by English law, follow the guidelines set out in the FAQ's

Good luck and keep us posted

Natalie

Originally Posted by mark.wall

...I was confused when they refered to £750.00 limits...

Yes, unfortunately the Scottish Courts have a much lower figure for their small claims equivalent.

However, as stated above, you can stick to English amounts....


Best of luck

Bring it on

Well first letter sent and recieved the RBS standard 'Dont agree, no refund letter' so will send follow up letter on 3/8/06 14 days after issue of first letter.

3 threads merged. Please stay on 1 thread per claim, it will help us help you as your claim develops.

Well have not ahd a reply to my lba ,,, so on to the next stage. Any advice?

mark

Yep - FAQs.

I have followed the procedures to the letter. RBS has entered a defence. I have received from Corbets (their solicitor) and extensive document asking very detailed and in some instances in my view almost impossible questions for me to answer. I have 10 days to respond.

Has anyone reach this point that could help?

The document is nine pages, bit too much to reproduce here ... and the questions range from ..

The one that worries me is ..

2.3 In relation to each charge please clarify 9A) is it the case of the claimant that 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 that of the claimant that the same should not have been charged in this amount? (if yes: please explain why the claimant contends that the same should not have been charged in the amount identified the sum the claimant contends should have been charged. (e) if no; please state the claimant's case.

it seems like a trap.

"In your claim you state that the banks charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law
"
4.1 Please specify the clause pursuant to which the charges were applied

4.2 Please specify whether the charges applied were due to breach of contract by the claimant

4.3 Please identify in each case the particular breach of contract(by reference to appropriate term of the contract that the charge related to.

I am not sure what they are asking here. Are they asking for me to show where I breached the terms of the contract with RBS?
OR are they asking where the common law terms were breached?

Clause 6 asks "Please specify the facts relied on by the claimant in support of the contentions and in particular please identify the contractual provisions the claimant alleges by reference to UCTA/the regulations.


There is heaps more .... pages of legalese ......................... .
I understand that all this is probably a smoke screen to test my resolve but I am concerned that in some of the questions I could shoot my self in the foot.
If anyone has experience this far would they kindly contact me and offer advice.

You've been stung by the classic "CPR part 18 Request" from Cobbetts. Rather than me going into this in detail here - it's been discussed frequently on other threads - try a search on "Part 18" and see what you come up with. The general consensus is that if your claim is under £5,000 and likely to be allocated to the small claims track, you are under no obligation to answer these Requests in full. Rather than not answering them at all, you should fire off a letter to Cobbetts - some threads have suggested templates of letters.

Thank you.
Will do the search straight away.

Mark

Have now completed the Allocation questionaire 149 (Small claims) .... It came with a notice of transfer to the closest court to me (Woolwich) which is good news, just in case.

I have also replied to Cobbetts giving them the basics od account number and complete schedule of my claim. I did not respond to the CPR part 18 request.

See what happen next. The costs are now up to £220.00 so when they do settle they have gone backwards by this amount and Cobbetts cost. Strange how sometimes they settle and others they make you jump through the hoops. Seems they test the water every now and again to see how serious some people are.

I must state I did panic when the CPR part 18 arrived and I would like to thank those that help, advised and supported.

Well, time marches on. Settlement offer received and rejected. I have reached the point now where I would really like to take them on in court because I am confident that I could make an educated and coherent argument for my position. I have worked out that my maximum over limit was £250.00. So if they had not taken the first 5 charges I would never have gone over limit later in the account history. The reality is that 95% of the charges were made because of 5% of the charges having an effect on my account. I was tempted to ask them for more to settle but thought better of it and would be happy to get my money back.

Well I have now recieved the Notice of allocation. Set for the Woolwich court for March 2007. Just a wait now, it is going to be a long 4 months. If any further offer is to be made I think it will be at the eleventh hour, as this seems to be Cobbets methods.

Interesting notes.
Judge Backhouse in reviewing the papers issued the following directions:
"(1) CPR18 does not apply to small claims. The court nothing that the Claimant has provided to the defendant his account details and a schedule of charges claimed, the court does not think it appropiate to order the Claimant to provide futher information(CPR 27.2(3)). The Claimant is not obliged to answer the defendant's request for Further Information dates 18 October 2006".

As you will note from ealier posts I did not answer and return the CPR18 because of advice recieved from the site.