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I am trying to get the Royal Bank of Scotland in to court. I am not a lawyer, but I do have some legal training and a (so far) 100% record as a litigant-in-person.
I asked the RBS for my charges to be refunded, they offered me part settlement, but also demanded that I accept their charges in future or face losing my account or having it reduced to a "simple" account or changed to any other kind of account that attracts charges.
Of course, I refused this tempting offer and filed a claim on 9 March at Clerkenwell and Shoreditch county court - Claim Nš 7EC01469.
The bank have now offered to settle in full (without interest), but still demand that I accept their charges in future.
My claim is in three parts:
1) a refund of charges plus interest etc
2) I'm asking the court to rule, as a separate matter, on the lawfulness of the bank's charges, because I'm being asked to accept them in future or face having the bank's service to me altered unilaterally. I'm basing this on Schedule 2 (k) of the UTCCR, which says a term is unlawful if it allows them to "alter unilaterally without a valid reason any characteristics of the product or service to be provided". I'm arguing that if their charges are unlawful, then refusing to accept them would not a be a valid reason for them to alter their service to me. I'm arguing that altering the sevice would include closing the account, if that's where they decide to go.
3) In order for the Court to rule on the lawfulness of the charges, I'm asking the court to order the bank to provide breakdown and proof of their charges and then align their charges to it.
Oh, and they also demanded that I do not publicise this case in any way - good job I refused their offer, I guess...
The bank has now submitted their written defence, but as I'm currently abroad, I don't have it yet - back this week. It has been my firm intention since I filed the claim on 9 March to get the bank to justify their charges in court.
I would really appreciate any advice or comments from lawyers on this approach. In particular, I heard there are some documents from the Yorkshire and Clydesdale Banks that say what the actual cost of bouncing cheques and d/ds is. Can anyone let me see them? They would be really helpful.
I am firmly supporting Tom Brennan in his attempt to do the same thing in a different way. I'm hoping my way, if successful, will be easier for non-lawyers like me to argue.
Is it worth asking the District Judge that gets your complaint to recommend that your case goes forward as a test case?
As it was filed on the 9th of March, I'm guessing that the aq stage is all done and dusted, and a court date has been set?
Would the District Judge be prepared for a brief hearing on the subject?
I applaud what you are trying to do, (and Tom Brennan) and think that a DJ in a Small Claim might not feel that his court is the correct battleground for the wider issues - this should lean them in favour of helping the case go up the chain.
Is it also worth checking with the FSA/fos/BCSB (Banking Code Standards Board) with regard to the behaviour of RBS?
Very best of luck.
T.
"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".
Not yet. I filed the claim on the 9th and it was deemed served on the 15th. The bank came back with their new offer at the last minute, so rather than reject it and enter judgement, I gave them a further seven days to enter their defence, which they've done. But I had gone away by the time they did it, so I expect when I get back on Thursday (from Shanghai, funnily enough), their defence and the aq will be waiting for me.
Should I suggest the case goes forward as a test case in the AQ - if so, do I need to request a hearing for that? Should I suggest it goes to a Circuit Judge or the High Court or just leave that up to the DJ?
I now, at last, have a court date - 4 July at 3 pm, Clerkenwell and Shoreditch county court.
I now need help. Can anyone give me details about any Appeal Court, House of Lords decisions about contracts being worded to disguise contractual obligations as services? These will be very useful on 4 July.
getting the RBS into court
in to court. I am not a lawyer, but I do have some legal training and a (so far) 100% record as a litigant-in-person.
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