Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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Thread: Cowlie v RBoS

  1. #1
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    Default Cowlie v RBoS - Issue warrant??

    Am about to send my 'letter before actionicon' but I've excluded a lot of the stuff that was on the previous letter as I thought it unecessary to talk about how 'shocked' I still am - I say this:

    I enclose a copy of a letter I sent to you two weeks ago. I am disappointed to note I have had no response from you.

    As I pointed out in my previous letter, I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interesticon plus my costs and without further notice.


    Yours faithfully,

    I give my a/c number and date of course - just wanted to be sure I'm not missing anything vital. I'll send this tomorrow - then I'm 14 days from submitting a claim!

    Thanks for any thoughts....cheers.

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  2. #2
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    Default Re: Cowlie v RBoS

    I agree with your thoughts on repetition, so as long as the message is clear - apy up or else - then I see nothing wrong with the second letter.

    Good luck.

    Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

    All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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    Default Re: Cowlie v RBoS

    Good luck Cowlie - following your story!

    meagainstrbs


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    Talking Re: Cowlie v RBoS

    Ok my letter has been sent by recorded delivery. In 14 days time I'll get all legal on their asses. (This isn't to say I've been doing something illegal on their asses in the past).


  5. #5
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    Default Re: Cowlie v RBoS

    I hope you didn't say that in your letter?! :o


  6. #6
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    Default Re: Cowlie v RBoS - RESPONSE FROM BANK

    Have sent letter before actionicon and got this response:

    I am sorry you were unhappy with the service you recieved but grateful you took the time to reply.
    I am looking into your concerns and am awaiting a response from our Concerns Teams at the Chatham Customer Service Centre. I will contact you again with a full response or to let you know what progress I have made.
    I shall do my utmost to resolve your complaint quickly and to your satisfaction. Just so you are aware of the options available to you I enclose a leaflet that explains how we handle complaints (no leaflet included?!?!). If you need to contact me call me on etc....


    It's 11 days til I go to Moneyclaims now - I intend to either just sit out that time and claim or remind them that the cut-off is just 11 days away - any thoughts?
    Just so you know - we're talking about the kind of money you'd mud-wrestle your own grand-mother for....

    Any thoughts much appreciated........Cowlie .

    STARTIN NEW THREAD FOR THIS _ PLEASE REPLY TO THAT


  7. #7
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    Default Response to Letter Before Action

    Have sent letter before actionicon and got this response:

    I am sorry you were unhappy with the service you recieved but grateful you took the time to reply.
    I am looking into your concerns and am awaiting a response from our Concerns Teams at the Chatham Customer Service Centre. I will contact you again with a full response or to let you know what progress I have made.
    I shall do my utmost to resolve your complaint quickly and to your satisfaction. Just so you are aware of the options available to you I enclose a leaflet that explains how we handle complaints (no leaflet included?!?!). If you need to contact me call me on etc....


    It's 11 days til I go to Moneyclaims now - I intend to either just sit out that time and claim or remind them that the cut-off is just 11 days away - any thoughts?
    Just so you know - we're talking about the kind of money you'd mud-wrestle your own grand-mother for....

    Any thoughts much appreciated........Cowlie .


  8. #8
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    Default Re: Cowlie v RBoS - going legal

    Have now submitted a claim through the moneyclaim site - I must say it is a well designed site and even a gumby like my brother Sean could use it. I'm actually hoping they go to court - it's rather exciting knowing I'm completely in the right!

    One lingering doubt I have is that I'm claiming back to March 2000 as this was when I began investigating - this is beyond the six years limit and fear I may have given them ground to faff for a couple of months - any thoughts?

    Thanks for your time.


  9. #9
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    Default Re: Cowlie v RBoS - default judgement

    I submitted for a default judgement yesterday. Am eagerly awaiting any kind of response from the bank. On Moneyclaim, my claim now says 'Your judgment has been submitted to the court for final validation before being issued'.

    Not entirely sure what to expect from the bank at this point but I won't be swayed.
    Anyone else a few days ahead with any advice?
    Thanks.


  10. #10
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    Default Cowlie v RBoS - When to issue a Warrant!!

    I have forced a default judgement against RBoS that has been accepted - I now have the option to issue a warrant - it says:

    A warrant of executionicon will only help if the defendant has:

    -
    Goods at the address you give which could be sold at auctionicon to raise money for you; or

    - All the money you are claiming on the Warrant.



    Before the Court can issue a Warrant the defendant must have:

    -
    Failed to pay the amount he or she has been ordered to pay; or
    -
    Fallen behind with at least one of his or her payments (if ordered to pay by instalment).


    This is called "being in arrears". If you want to pursue an alternative method of enforcement, please see Her Majesty's Courts Service Website for further information.


    When do I go for this option?? I see no reason why I don't do this right away?? As I understand it, this effectively means sending th bailiffsicon in?
    Just to re-cap my case - I've gone stricly along the line of advice given here in the FAQ's and elsewhere on this site. The back has responded in typical ways. The only slight variance I have is that I go back to March 2000 i.e. just over 6 yearsicon - and I thought maybe this would give the bank reason to faff. Also, I have never sent the bank an actual Breakdownicon of how I come to my figure - I have simply said it was due to 'referral charges' levied against my account in this period.

    Thanks for your time. This is mightily exciting!



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE