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Sorry, but it took me a while to work out how to start a new thread.
Anyway. I wrote to RSB on behalf of my daughter claiming back £3,015 over the last three years. This includes £1700 in just a two month period in 2005 on a normal current account. It was because of the misery this caused her that prompted me to act
I have now recieved a letter rejecting this claim and indeed the OFT guideline as well. They claim that the OFT have only had discussions concerning credit cards.
Thanks for that niteflite. I had a feeling it was just a standard letter because there wasnt even the courtesy of a genuine signature on it - just a photo copy.
Anyway, sent a lba on 14th November and received an offer within four days for £1775. The original claim was for £3015.
Wrote and accepted this as part payment of full amount and reminded RBS that the original timetable for court action still stood. No reply.
Filed at court yesterday (29th Nov)
Like so many before me, the butterflies are stirring but determined to see it through to the end. Omwards and upwards.
Hi again.
I have to admit I was a little confused as to what address to use as it had to be in England or Wales so I e-mailed the courts helpline. They told me to use my local branch which is what I did.
Actually the info is available on here but didnt find it until later.
I filed the MCOL on the 29th November and sent it to my local branch in England. Up to then, my correspondence, lba etc had been to the address in Edinburgh.
What I would like some help with please is that I noticed on another thread that somebody was told that if letters have been going to Scotland the case could fall under the Scottish legal system which limits small claims to #750.00 going back 5 years.
Does anybody know if my case could be prejudiced because of this.
I have noticed on the MCOL website that RBS have acknowledged my claim on 14/12 2006.
As they have made no contact with me, am I right in thinking that they have a further 14 days to either submit a defence or settle the claim?
Can anybody reassure me that it is so far so good. It is just that because there has been no contact from the bank the doubts have started to creep in. Also, if they decide to defend, have got just 14 days left to do so or do they go back to having 28 days.
I hope this makes sense
So far as I can see everything is going according to plan...
Try and find somebody elses thread at similar point to you and have a good read (there are several.)
The bank may or may not settle OR ammend - this seems to be another delay tactic, because if they don't reply and you apply for judgement (which you will usually get by default) THEN the bank responds with a set-aside request (usually granted it appears, because Judges like case settled on merit not by default) which gives them EVEN MORE time (another 14days I think).
Received an acknowledgedment letter today in which RBS have ticked a box to say they will defend all of the claim. Cobbets Manchester to represent them.
Pretty much par for the course at the moment it would seem from other posts. I am pretty much ready to put my case together should it come to court. Gosh its scary,,,lol
I've just had some good news in that my folks have offered to put up the court fees for me so I'm off to court tomorrow with paper N1's...eeek
Everything you need for court is in this forum too, if you get cpr part 18 request from Cobblers, there are a couple of threads with full replies for you to cut n paste, also a very good thread on creating your own cpr18 request which Cobblers REALLY don't like receiving it seems...there's also Allocation Questionaires for you to copy...
If and when you get any of the above to do, just post back and somebody will help you find the way.
I got a letter from Cobbets today setting out something like a nine point defence and also what seems from reading the other threads, the standard request for further information and clarification pursuant to CPR part 18.
From reading the other threads I was fairly confident I could manage a reply but now its here its a different ball game.
They pay particular attention to paragraph 3 of my Particulars of Claim in that I havnt supplied them with a copy of the list of charges as stated. I sent one to RBS with my very first letter but I have to be honest that I havnt sent one to the court yet and I was waiting to see if they defended before sending one to their solicitors. Do I say all this to Cobbets?
I have been studying BigCol's winning claim and his wording seems a good way forward.
Can I trust Cobbets when they say that they have filed whatever correspondence they send to me with the Court or should I send their letters with my copys of replies? If that makes sense.
Have now got the questionnaire from the courts - a bit quicker than I expected though.
I have answered one of my own questions because enclosed was Cobbets defence but not the Request for Further Information CPR18 thing.
Do I when replying to the court enclose a copy of this to show them what Cobbets are up to?
Have now got the questionnaire from the courts - a bit quicker than I expected though.
I have answered one of my own questions because enclosed was Cobbets defence but not the Request for Further Information CPR18 thing.
Do I when replying to the court enclose a copy of this to show them what Cobbets are up to?
Anybody?
The courts will already have a copy of the defence. Complete the aq and send it back to the court enclose a schedule of charges also send a copy of the scedule to cobblers. http://www.consumeractiongroup.co.uk...ompletion.html