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.
Basically, I got a CCj against me for oweing RBOS £320 totally in charges.
They issued a CCJ claim and I didnt defend so they got the Judgement (1 yr ago)
I agreed to pay £26 PER MONTH then didnt when I found this site.
I have since had the bailiff (REALLY nice bloke to be fair) and I told him I was going to challenge.
I phoned Bryan Carter and spoke to NL(If I can put his real name up I will, not sure on rules) and asked them to hold fire.
He then spouted off on one that all the charges were fair, I had signed an agreement the judge had entered judgement and there was nothing that could be done.
I then asked him what his legal qualifications were and he said none, so I said so basically you are a telephone operator same as what I talk to when I phone up and place an order with Next. I questioned his ability to pass on legal say so as he had said there had been many a case lost by claimants. I asked him for legal reference IE Smith Vs Bank but he could not or would not say.
The question is:-
Can I suspend the CC order and infact now challenge the original Judgement
Can I suspend it while I counter claim
Should I carry on paying but in the background, then claim for what I have paid
Can I claim the bailiffs cost back IF the original claim is null and void
I would be inclined to stop payment, and write to Bryan Carter telling them that you dispute the judgement, and will be applying for a set-aside on the basis that the amount claimed was totally due to unlawful charges.
If you know the amount of charges levied to your account the you should contact the court and ask for the paperwork for setting aside the judgement, on the basis that you have just discovered that the original judgement figure included unlawful amounts - and that you have a valid defence and will be issuing a counter claim.
When you have the forms let us know and we will give you more information.
Write to RBS telling them what you are intending to do - and demand that they reverse the charges, and pay all the costs you have incurred (including the bailiff fee, also tell them that you will be seeking removal of any default.
Should they not agree to all this when the time comes, all this can be included in your counter-claim.
Keep us posted.
Alan, Derby, UK.
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_________________________ _______
Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
I would be inclined to stop payment, and write to Bryan Carter telling them that you dispute the judgement, and will be applying for a set-aside on the basis that the amount claimed was totally due to unlawful charges.
If you know the amount of charges levied to your account the you should contact the court and ask for the paperwork for setting aside the judgement, on the basis that you have just discovered that the original judgement figure included unlawful amounts - and that you have a valid defence and will be issuing a counter claim.
When you have the forms let us know and we will give you more information.
Write to RBS telling them what you are intending to do - and demand that they reverse the charges, and pay all the costs you have incurred (including the bailiff fee, also tell them that you will be seeking removal of any default.
Should they not agree to all this when the time comes, all this can be included in your counter-claim.
Keep us posted.
Alan
Thank you unreservedly for your reply.
I have just been out and bought a printer for the task.
I WILL keep you informed. many thanks
First Update is a form N2 44 is being sent to me to have the judgement set aside at a cost of £65
I, as discussed in the General Section, got the judgement set aside.
I then issued a counterclaim against the Royal Bank of Scotland.
Today, I received a very nice offer from Bryan Carter offering to drop their claim against me if I did the same. Agh, arent they sweet.
I am a tad confused. I have received their reply to my counterclaim and they have posted the following...
1. The claimant denies that the defndant has suffered any loss or Injury as pleaded in the Defence and Counterclaim
2. The claimant puts the defendant to strict proof of the mental stress claimed
I have no idea what the hell they are on about with Mental Stress as i have never mentioned this.
I have never mentioned any injury >>>????<<<<
I will write to them and tell them no thanks on the offer but I genuinely think they have got their defence to me mixed up with some car crash or something.
I have today accepted an offer from the solicitors (Bryan Carter)
I wouldnt normally accept BUT considering this account I have had bailiffs round and had to have a judgement set aside, I have agreed to allow the banks to charge me Five Pounds per transaction charge. Still a good result.
8 weeks ago i was paying 26 per month with a county court judgement, now Im getting a cheque for 600 from them (And they paid contractual interest but Im not sure he knew he was LOL)
Just had an interesting conversation with their solicitors. I was expecting my cheque by now so phoned them to enquire. They said that as of 24th Oct they were no longer repesenting their client and that RBoS.
ER well you have already offered settlement which I have accepted. I sent the following fax to the court on Friday after my conversation:-
Following on from a “without prejudice” conversation with *** ******* Of the Claimants solicitor, we have been able to settle the matter out of court.
Upon receipt by myself of the cheque from the claimants, I will notify the court that proceedings can be cancelled.
I would ask that the trial date be kept available until notification of the receipt of the cheque by myself.
SURELY they cant offer settlement, we both agree, then change their mind
Certainly the court would take a dim view of it, but I would never advise sending anything to the court in these circumstances until you have the payment cleared in your account.
However, this does not help your situation.
I would advise a letter to the court, with a copy to RBOS, stating that they have reneged on their agreement, and you wish that the action should continue as per the current timetable.
Alan, Derby, UK.
PLEASE HELP US TO KEEP THIS SITE RUNNING
EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
Or you may wish to buy one of these great resources:
Click on the above link to place your order - payment by Paypal.
_________________________ _______
Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
Bryan Carter & Co. RBOS Solicitors
(REALLY nice bloke to be fair) and I told him I was going to challenge.
Reply With Quote
Originally Posted by alanfromderby
Re: Isiris Vs Royal Bank of Scptland
