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Started my claim with RBS on 28th March, I initially followed the advice from the moneysavingexpert website and then later found this site. I have just received the defence and a CPR part 18 request from Cobbets. I will go through details of my claim and hopefully you kind people can comment on it and give me some advice.
01st March sent letter asking for bank statements
28th March sent first letter detailing charges and interest included list of all charges
11th April sent letter before action included list of all charges
24rd April Started claim with MCOL,
After reading through this site I think it might have been a mistake to use MCOL as Cobbetts now seem to be saying my POC aren't good. Particulars of claim were as follows;
between 23/03/01 and 01/03/07 the Defendant debited numerous charges from the Claimants account.
The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach.
Under the law of penalties, the charges are an unlawful extravagant penalty.
Under the County Courts Act, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money . This totals £591.88, accruing at the daily rate of 0.021% until judgement or payment.
The Claimant asks the court to enter judgement in their favour for £3208.00 plus interest, totaling £3799.88.
Should I update these POC ? If so how do I go about this?
I'll get round to the Defence and Part 18 request in my next post.
Cobbetts sent me a standard 6 page defence rubbishing my POC et, I sent off a reply to their CPR part 18 and also sent them a Part 18 request of my own asking for Breakdown of all costs etc.
Just after sending these letters I got a letter from RBS denying charges are unfair but offering me £3208. This is the full amount owed but without interest or court costs. If they had offered me this at the start I would have accepted but now I'm tempted to refuse and hang out for full settlement.
hello
if you go into the bank templates section on the main page there is a full particulairs of claim there. you can compare. i think you can contact the court and ask to add to your particulairs of claim(don't know if this will add to your costs though)
you could send them a letter saying you will accept this as part settlement of your claim and hold out for the court costs and the 8% interest which i would imagine is quite a bit if they've offered you this amount then surely they could stretch to a little bit more
its up to you, if you do this you could be waiting a while as the courts are blocked up with bank charges claim
i'm not sure when RBS settle after court proceedings have been brought, you could try contacting them before your claim is allocated to your local court and you have to pay that fee.
this is normally a good plan as it saves them a little bit of money
Danny340 V RBOS
on 28th March, I initially followed the advice from the moneysavingexpert website and then later found this site. I have just received the defence and a CPR part 18
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