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.
I have a claim against the rbs for £xxxx.00, i will not put the actual amount as no doubt cobbets, look at the postings on this site and i do not wish to be identified, cobbets have filed a defence in this case which is five pages long, i need lots of help on some points but the fisrt two points they raise are as follows:
1 The defence is filed and served without prejudice to the defendants case that the particulars of claim do not disclose reasonable grounds for bringing a claim against the claimant to recover bank charges(and interest thereone) referred to in the particulars of claim or any other sums. In the event the claimant does not particularise his claim then the defendnt will apply to strike out the claim and/or for summary judgement in respect of same. I follow the sites reccomendations and as far as i know the claim was particularised, how do i respond
2 without prejudice to the non admission set out in the foregoing paragraph, if to the extent that the claimant proves the allegation that the defendant debited charges to his bank account, insofar as such chargeswere debited on a date or dates more than six years prior to the issue of this claim, any remedy in respect ofthe same wether damages, restitution or otherwise, is barred by the limitation act 1980 and/or the doctrine of laches and the defendant will apply to strike out this aspect of the claim and/for summary judgement,
i started with my first letters to the RBS on 31/08/2006, listing all charges debited to my account back to31/07/2000. i sent the schedule of charges based on these dates, and as it has taken so long to get to this point i filed my claim on 06/12/2006 but i used the original schedule and dates that i started with, what do i do?
any help would be greatly appreciated, the rest of their defence i will place on forum tomorrow
Re: rbs claiming six years back and the limitation act HELP!
This is their usual standard reply that everyone now gets. Have a look at my thread titled Natwest bank charges. I have just today dealt with this issue. Its just b****cks! Dont worry. They are stalling for time and hoping to intimidate you into dropping the claim.
They used the Limitations Act ploy in a letter to me received this morning. The statue of limitations does not apply if the true costs were concealed from you and you were not aware that this was a penalty charge rather than a true reflection of their costs.
Have a look at my thread. I am a little ahead of you and it will give you some idea of what to expect and how to respond.
Good luck.
If you think my post was helpful, please click the scales
I will be in sunny Jamaica from 18th to 24 May thanks to Barclaycard
Re: rbs claiming six years back and the limitation act HELP!
Originally Posted by stansfield5131
They used the Limitations Act ploy in a letter to me received this morning. The statue of limitations does not apply if the true costs were concealed from you and you were not aware that this was a penalty charge rather than a true reflection of their costs.
So does that mean the 6 year limit is nonsense in every case, as it's only recently been made more widely public that these charges are penalties rather than actual costs?
Re: rbs claiming six years back and the limitation act HELP!
Thats correct. The only reason we are not going back further than 6 years is because by law the banks only need to keep our records for 6 years, so even if they have them, they will deny it because they know why we want them. Some people have been really fortunate in having saved all their statements sometimes going back 20 years and so are claiming back to when the banks first started charging.
Re: rbs claiming six years back and the limitation act HELP!
Oh, dear. I fear my claim may run somewhat higher than small claims will cope with then. My branch has very kindly agreed to supply 13 years worth of statements for both accounts. The first few years of which I was struggling to bring up a family on a pretty minimal wage, so Paul was doing rather well out of the proceeds of robbing Peter.
Re: rbs claiming six years back and the limitation act HELP!
Update on case against RBS:
i recieved a letter from our friends the hobbets :
we notice from the first page of your list of charges that you set out, charges between 2 october 2000 and 4 december 2000. Under the limitation act 1980 you cannot bring a claim more than six after the date on which the cause for action acrued. You issued your claim on 6 december 2006 therefore only legally entitled to claim between the periods 6 december 2000 and 6 december 2006, as such you cannot claim for the first 15 charges listed on your schedule totalling £690.00.
As we now know the limitation act does not apply, how can a firm of solicitors state what is obviously a lie, can i use this or get some leverage from it? In the letter they go on to say they are willing to offer a goodwill payment of £2000.00 as Full and final settlement, my claim is for £4690.00
and i am in no rush to accept their offer, what are the chances of getting a second offer before it gets to court.
Re: rbs claiming six years back and the limitation act HELP!
Update
i have sent a letter to cobbets declining their ridiculous offer of £2000.00 , and a copy of my charges schedule:
In the defence filed by cobbetts they say the following:
In relation to the case of the claimant that the charges are unreasonable within the meaning of SGSA section 15 the defendant pleads as follows:
The claimant is required to plead and prove the necessary factors (referred to in section 15 SGSA) concerning the contract between the claimant and the defendant which mean that pursuant to SGSA section 15 there is an implied term that the claimant pay a reasonable charge for the service under the contract.
Further the claimant is required to plead and prove (a) that the bank charges which have been debited are unreasonable (b) all facts and matters relied upon by the claimant in support of his case and (c) what charges would have been reasonable.
In the circumstances no grounds are disclosed for a claim that the defendant has acted in breach of SGSA section 15
It is the case of the defendant that the contract between the claimant and the defendant does not fall within SGSA section 15 because (a) the consideration for the service would be determined by the contract between the claimant and the defendant and (b) was not left to be determined in a manner agreed by the contract or determined by the course of dealings between the claimant and the defendant.
Does anybody know if this is relevant or just scare tactics, what am i supposed to do in response?
Re: rbs claiming six years back and the limitation act HELP!
More b****cks! They are askiing YOU to prove their costs!!! Write back and tell them it is THEM and not you who are to justify their costs as reasonable and fair.
If you think my post was helpful, please click the scales
I will be in sunny Jamaica from 18th to 24 May thanks to Barclaycard
Re: rbs claiming six years back and the limitation act HELP!
UPDATE
Sent copy of my AQ to SC & M following their request just before Christmas.
No surprises on their AQ!!
Have today received the following letter from Newark county court:
General Form of Judgment or Order
To the Claimant
kazzaw
Before District Judge ................. sitting at Lincoln County Court.
EX PARTE IT IS ORDERED THAT
The Court of its own motion is considering striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled.
Dated 28 December 2006
I assume they won't be sending the Schedule within 14 days so will the Judge then order them to pay up?
Is this happening a lot across the country or have I stumbled upon a good Judge?
If you think my post was helpful, please click the scales
I will be in sunny Jamaica from 18th to 24 May thanks to Barclaycard
Re: rbs claiming six years back and the limitation act HELP!
Update on claim against RBS, St Helens Branch.
I need some advice on a letter i have recieved from cobbetts, my claim against the rbs is for £4616 with court costs comes to £4736.00, In an earlier letter cobbetts stated the first 15 charges on my account were not claimable as they exceeded the six year limit, the charges in question totalled £690.00,
To-day i have recieved a letter and a cheque, the letter states the same thing about the six years back and the cheque was for £4149.00 as Full and final settlement. The question is: are they correct in their appraisal of this situation or is it some cobbetts tactic to reduce my claim, i am inclined to reject their offer and continue my action but if they are correct and i cannot claim for the 15 charges that go further back than six years from the date of my claim i would be better off accepting the money. Please advise
Re: rbs claiming six years back and the limitation act HELP!
Re my last post, Has anyone got any advice on the six year rule, does it apply to everthing or if you are unaware of something and then 8 years down the track become aware ie unlawful penalty charges, can you only claim 6 years back of eight?
Re: rbs claiming six years back and the limitation act HELP!
Stick to your guns. Have a look at my thread Natwest bank charges. They tried exactly the same with me. You will find my letter which I sent in reply to this. The six year rule does not apply because they hoodwinked you into believing that their charges were fair and reasonable. You have only just become aware that they are not. Dont cash the cheque.
If you think my post was helpful, please click the scales
I will be in sunny Jamaica from 18th to 24 May thanks to Barclaycard
Re: rbs claiming six years back and the limitation act HELP!
Update
having taken some advice from this site, i have decided to accept the payment of £4149.00 as an interim payment, i will continue my claim for the £690.00 they say is over six years old. i have found an interesting thread which sites Opinions of the lords of appeal for judgement in the cause Cave (respondent) v Robinson jarvis and rolf (a firm) on 25th april 2002 ukhl18 the thread is a recent one by progenic7, entitled limitation act 1980 s32(1),a,b,c + (2) Actual Case Law,
the question i have is can i accept a cheque as an interim payment when it has been sent as Full and final settlement. an interesting point is the cheque has my name on it followed by my bank account number it seems i can only pay this cheque into the RBS account that the charges have been deducted from. is that normal?
Re: rbs claiming six years back and the limitation act HELP!
Normally, they just pop it straight into your account without issuing a cheque. I'd chance my arm and see if you can pay it into any other account you may have. The cashier will tell you if it will be OK, but I'd ask first.
As regards there payment being in full and etc, well you could always write back and tell them that you are only willing to accept it as an interim payment. Give them a reasonable time limit by which they must reply, and state that otherwise you consider no reply from them to mean that they are happy with that arrangement. Once that time has passed or they write to say they agree, bank the cheque however you decide to play that one.
Re: rbs claiming six years back and the limitation act HELP!
update
i decided after much deliberation to inform cobbetts i would accept their cheque for £4149,00 as part payment only and i would continue my claim for the remaining £690.00. i explained i did not agree with their interpretation of the statute of limitations and that i would let the judge decide who was right. I banked my cheque into the account indicated on the cheque and waited. After 3 days i checked my balance, and what do you know the money has dissapeared and my overdraft has been frozen. what will happen next i do not know. i will keep you informed,
rbs cobbetts and the limitation act HELP!
to the defendants case that the particulars of claim do not disclose reasonable grounds for bringing a claim against the claimant to recover bank charges(and interest
Reply With Quote
Re: rbs claiming six years back and the limitation act HELP!
Originally Posted by stansfield5131
The first few years of which I was struggling to bring up a family on a pretty minimal wage, so Paul was doing rather well out of the proceeds of robbing Peter.
Re: rbs claiming six years back and the limitation act HELP!
Re: rbs claiming six years back and the limitation act HELP!
