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.
Just starting with this claim. I thought I'd paid out a lot in charges to this bank, but was really shocked with the total of £3,862!!!
I would like to send out the Prelim letter today. Should I mention in there that I would like them to remove the Default Notice on the account at this stage, or does that come later when they make me a Full and final settlement offer?
I really want to follow the right path with this one.....can anyone help me out with some advice please???
Once you've got something back from the bank, it lends a bit of weight to your argument with the Credit Reference Agencies in getting defaults/late/non-payment markers removed.
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".
If you have sent your lba already, do not worry about the new version templates. Get ready for court action if they refuse to refund the money in 14 days after LBA.
In your court claim, make sure your particulars of claim (POC) is correctly written. That is all that matters because it gets messy if you have to change things when you already submit court papers.
Thanks Bennyowen, you've made me feel a whole lot better.
My 14 days is up tomorrow, so shall draft up my POCs. I'll use the one in the template library and I'll post it on here before I send it, just to double check I've put in all I need to!
So here is my POC. Please could someone check that it looks okay. I've just used the one in the template library. Does it need any additions in light of the Lloyds case?
And where do I put in something about the default notice removal, or am I too late for this? I didn't realise that I needed to include in the Prelim and lba letters, so I'm hoping I haven't messed up big time.
1. The Claimanthad an account xxx("the Account") with the Defendant which was opened on or around xxxand closed on or around xxx.
2. During the period in which the Accountwas operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.
3. A list of the charges applied is attached to these particulars of claim.
4. The Claimant contends that:
a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.
b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.
5. Accordingly the Claimant claims:
a) the return of the amounts debited in respect of charges in the sum of £3,862.00and any interest charged thereon;
b) Court costs;
c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 15.02.02 to 13.06.07 of £852.75 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.85.
I believe that the contents of these particulars of claim are true
It's really hard to know what to do, some people seem to be delaying it and having claims settled at 7 wks, others stick to their timetable and go down the court route, which does appear to work too. I guess I feel that I should stick to my guns and go for it and send off my N1 tomorrow. It always feels really scary - I'm just hoping that there are no holes in my claim.
Just completing the N1 form. Can anyone double check for me the address I send put down for the Defendant. It says the Litigation team, London on Livelylad's sticky. And then the RBoS's Registered address is 36 St Andrews Sq, Edinburgh. I assume I put the London one but just needed confirmation from all you experienced folks out there.
I've received my Notice of Issue from my local court and RBS have until 11 July to acknowledge. This is getting exciting, and the interest is racking up daily. I'm looking at a trip to Singapore to visit an old friend, though it will more than likely go towards the loft conversion!!
Well I have received an Acknowledgement from Cobbetts, saying they have been instructed by the defendants and enclose acknowledgement of service.
I guess this is fairly standard. By my workings, they need to submit their defence by 25th (though my local court says they are 5 working days behind with their paperwork on these claims), so unless Cobbetts send me a copy of the defence, I don't expect anything from the local court until beginning of August.
Latest news - Hubby says there is a letter and defence from Cobbetts waiting for me for when I get in from work! Uh oh...At least things are on the move again.
Will post later with the details when chores are done for the day.
1. This defence is filed and served without prejudice to the defendant's case that the POC do not disclose reasonable grounds for bringing a claim against the defendant to recover the bank charges (and interest thereon) referred to in the POC or any other sum(s). In the event that the claim is not properly particularised then the defendant will apply to strike out the claim and/or for summary judgement in respect of the same.
2. On allocation the defendant invites the court to direct that there be a case management conference in order for the court to consider the making of appropriate orders to give the claimant the opportunity to properly particularise the claim.
3. No admissions are made as to what charges have been debited to the claimant's bank account.
4. In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are unenforceable by virtue of the Unfair Terms in Consumer Contract Regs 1999 ('the regulations') and/or the common law, the claimant is required to identify:
4.1 (a) the regulations of the Unfair Terms in Consumer Contracts Regs 1999 (the regulations'); and (b) the principles of common law relied upon by the claimant in alleging that the contractual provision(s) referred to are unenforceable; and
4.2 the contractual provision(s) that the claimant allege are invalid by reference to the Regulations.
Until such time as these regulations/provisions are identified the defendant cannot (save as appears below) plead to the allegation referred to in paragraph 4 above. The defendant therefore reserves its right to plead further to the allegation once (and if) the claimant identifies the relevant contractual information.
5. In relation to the case of the claimant that the charges are unreasonable within the meaning of section 15 of the Supply of Goods and Services Act 1982 (SGSA) the defendant pleads as follows:
5.1 The claimant is required to plead and prove the necessary factors (referred to in section 15 SGSA) concerning the contract between the claimant and defendant wbich 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.
5.2 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 this case and (c) what charges would have been reasonable.
5.3 In the circumstances no grounds are disclosed for a claim that the defendant has acted in breach of SGSA section 15.
5.4 In the circumstances (save as appears below) the defendant is unable to plead to this allegation beyond denying that it has acted in breach of SGSA section 15 as alleged or at all. The defendant reserves its right to plead further to the allegation once (and if) the defects in the pleaded cased referred to in paragraphs 5.1 - 5.3 above are addressed.
5.5 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.
6. The claimant's claim for costs not being sufficiently particularised, the defendant is unable to plead and reserves the right to plead upon further particulars.
7. Save as hereinbefore appears the defendant joins issue with the claimant on the claim(s) and denies that it is liable to the claimant as alleged or at all.
signed by Richard Mark Dean Webb
Cobbetts '
Can anyone advise next course of action? Do I just wait for aq from the courts and go from there? Should I send Cobbetts an up-to-date SOC incase they haven't got one?!
As long as you included an up to date Schedule of Charges with your N1 then there is no need to send another one to Cobbetts. Just wait to hear from the court about an aq.
Good luck.
FC
Barclaycard: SETTLED AFTER LBA
Barclays 1: AT COURT
Barclays 2: WITH FOS
Capital One: SETTLED AFTER N1
Egg: SETTLED AFTER LBA
HFC: S.A.R - (Subject Access Request)
Lloyds TSB: S.A.R - (Subject Access Request) - WITH Information Commissioners Office
RBS: AT COURT
Kiff v RBS_Default Notice Advice
settlement offer?
Cheers, Kiff
Reply With Quote
Re: Kiff v RBS_Default Notice Advice
Anyone out there that kind put my mind at rest?
