Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
It's not quite clear what has happened here but it here is how it reads to me:-
1. You lodged a claim against RBS for £4500.
2. They failed to enter a defence within the alloted time frame so a judgement was awarded against RBS in your favour.
3. RBS applied to have the judgement set aside and succeeded in getting this.
4. RBS have now contacted you (or their solicitors have) and have stated that thei charges are fair and they will be defending the action.
Ian,
Sorry that you feel beaten but hey,people are making good progress with RBS,check out Stacy Mason's thread on RBS forum,she was recently settled in full by RBS and she is in England,there is also others which are also close to being settled.
I think you need to take some time to breath and regroup your thoughts,read read read,its all in here,we will beat them so dont get beaten down that is what they want,this is our time to claim back all our hard earned cash,
Dont get down, your doing well . They have submitted a defense is all.
I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.
1) give a small donation to this site to keep it going because without this forum I would know nothing.
2) Use your experience to help somone else on another thread.
Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.
This sounds like nothing out of the ordinary. Read through the successes forums and you will see many claims get to this stage, and further and get settled in full before the court date.
Next you will receive the Allocation Questionnaire. Complete and return with payment. Send in photocopy of the aq along with your schedule of charges to the solicitors, then sit back and wait. Settlement does come.
Lloyds TSB - £972
S.A.R, prelim and LBA sent
Claim acknowledged
Defence received
AQ 20/06/06 ***FULL SETTLEMENT RECEIVED 20/07/06***
Woolwich - £2288
S.A.R, prelim and LBA sent.
Offered half
Moneyclaim filed online 02/08/06
Judgement filed online 23/08/06
WARRANT FILED ONLINE 30/08/06
MONEY RECEIVED BY BALIFF 04/10/06 ***FULL SETTLEMENT RECEIVED 09/10/06***
Smile - £175
Pelim 23/06/06 ***FULL SETTLEMENT RECEIVED 07/07/06***
My Ex vs Woolwich - £715
S.A.R sent 30/08/06
Pelim 06/10/06
LBA 20/10/06
Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
11. feel beaten and need legal help but cant afford it - to defend my case
12. need help from someone somewhere - would use a solicitor if they would take payment if i won they case (and a fair amount)
Dear Lord, why would you want a solicitor? Is he likely to be as determined as you to get your charges back? And why throw away a large chunk of you cash at someone else when all it takes is a bit of determination, LOTS of reading on here and the cost of a few stamps, and, I'll be honest, quite a lot of paper and printer ink ;-)
Of COURSE, the solicitors wrote a big letter and said they would defend, and bla bla BLAH! That's what they get paid a lot of money to do!
But think of it this way: So far, every single person on this board who has had the same type of letter (some more threatening, some less) has had their money back without going to court. Plenty more will.
Can you clarify this?
8. claimed judgement on same day they defended (day 30 duh)
9. judgement rejected and referred to altrincham county court by money claim
You agreed with Rob S that the judgment was set-aside, but is that the case? I read it that your application for judgment was refused as they had lodged a defence within the prescribed time (more or less ). They are 2 very different things and need to be dealt in a different manner, so please tell us which one it is. Thanks.
If it is, as I suspect, just a normal court hearing thingy, just keep on reading, and you will see that hundreds, maybe thousands, are in the same boat as you. Don't panic, they have not beaten you, they will not beat you.
PS: Moved your thread from "General Consumer Issues" to "RBS forum". And I have changed your title to something less defeatist, as we have now established that in fact, they have NOt beaten you. Quite the reverse. ;-)
Apologies to people who I was in the process of helping, I may be gone some time.
hi Bookworm, thanks for your reply, very useful indeed!!
yes to clarify the points 8 + 9
I filed for judgement on day 30 at 7.30 am on moneyclaim.co.uk
it was the same day the defence letter arrived at moneyclaim so they rejected the judgement .
They have now posted me the questionairre and have since passed me over to Altrincham , i am going to fight and win!!
I filled in the aq questionaire and used the correct payment excel spreadsheet template from this site , sent this information to the court and have since recived a pay off letter from cobbets
they have offered over half of the disputed amount (not including court costs)
should i go to court and see what the outcome is or send them a letter asking for more money and i will cancel the court case! (maybe 2/3 of the case)
Iainpg v RBS
-Unknown
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). They are 2 very different things and need to be dealt in a different manner, so please tell us which one it is. Thanks.
