i to am getting these stupid letters off cobbetts asking me to state and/or clarify certain parts. If I do all they ask there wont be anything left to discuss in court. I have found a section in the unfair terms in consumer contracts regulations 1999 that i might throw in their face at court and that is schedule 2 section 1 part q. excluding or hindering the consumer's right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions, unduly restricting the evidence available to him or imposing on him a burden of proof which, according to the applicable law, should lie with another party to the contract. dont know if it will have any effect but seems to cover a lot of the points

Just received their amended defence asking the court to 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 his claim. They admit I hold an account with them, thats awfully good of them. No admissions are made as to what charges have been debited to the account. They are asking that I am required to identify the sections of the unfair contract terms act 1977 and the regulations of the unfair contract terms in comsumer regulations1999 and the principals of common law relied upon by me in alleging that it is unenforecable. It is claimed that it is invalid section 4 ucta 1977 that it does not relate to a breach of contract or negligence. Schedule 2 to the regulations is an indicative and non exhaustive list of terms which may be regarded as unfair. It is the case of the defendant that the regulations have no application because the charges amount to payment for services provided by the defendant and the adaquacy of consideration paid under a contract for services is not an issue to be judged by reference to principles under the regulations. Ye right, I watched the same programme as they did and a barrister stated that in no way could it be construed as a service charge. Anyone got any ideas. cheers

ye i'm at the going to court stage with them, I was just wondering if it is possible to go after the return of all my loan repayments as they claim that I never had loans with them. As such I want to know what has happened to the repayments totalling over £24,000 and i would love them all back.

I received the same not so long ago, tell them you accept as part payment but will continue to pursue their client through the courts for the rest. if you owed the bank £5566 would they accept a one off payment of £2600? I think not

Does anyone know how long a bank has to keep hold of financial information, e.g. loan agreements. the rbs claims I never had any loans with them and I have statements to prove I did. If they cant provide the information can i sue for my payments back or not.

I have just received my first offer of full and final settlement. Problem is that it is only for £1000 and they owe me over 4000. Also they said if I dont accept it then they will show it to the court. I have written to them stating that I would gladly accept it as part payment but as the deadline for me to accept it ran out 3 days before it was sent to me then they can rest assured I will make sure the court see the letter. and by the way I will take your clients to court no matter what. Also I am going after repayment of a loan I had to take out to cover my overdraft yet they say they have no record of me ever having any loan with them . So I have informed them that as there is no recoed then I think it is neccessary for me to ask the court to get them to refund all my loan repayments and settlement payment back to me, somewhere in the region of £24,000. That should make them think a little clearer now.

I have just received my first offer of full and final settlement. Problem is that it is only for £1000 and they owe me 4. Also they said if I dont accept it then they will show it to the court. I have written to them stating that I would gladly accept it as part payment but as the deadline for me to accept it ran out 3 days before it was sent to me then they can rest assured I will make sure the court see the letter. and by the way I will take your clients to court no matter what. Also I am going after repayment of a loan I had to take out to cover my overdraft yet they say they have no record of me ever having any loan with them . So I have informed them that as there is no recoed then I think it is neccessary for me to ask the court to get them to refund all my loan repayments and settlement payment back to me, somewhere in the region of £24,000. That should make them think a little clearer now.

hi, i have received a letter from cobbetts which appears to be the same stating that the defendant is embarrassed at th lack of particulars pleaded and that if i dont resolve it than they will apply to the court for an order to strike out the particulars of the claim. also i am suiong the rbos yet this letter has arrived with the national westminster as the defendant. trying to put my case together so i can get to the court and pay my £100 to start it rolling. already paid £120 to nothampton court who have now moved it to my local one who now want another £100, still i will get it all back.

I have received my letter from lynsey burgoyne at cobbetts and it is the same as others that I have read on here. basically that the defendant is embarrassed at the lack of particulars pleaded and the failure to disclose any grounds for bringing the case and I have 14 days to offer the relevant info or they will ask for the case to be struck off. The thing is, all my letters and court papers state clearly that it is the rbs I am going after yet this letter says it is defending my claim against the national westminster bank. Are they the same bank or am I missing something here. Also if they have dropped a b*****k do I tell them or just let them turn up to court and then they can explain to the judge why they have the wrong case.

Yes looking through some threads I see what you mean, she is fairly popular. I posted my court papers via the internet and so the case would be heard in Northampton. Going on the theory that it is to far for them to bother going to defend a couple of grand. Long way for me to I am in merseyside

Received a letter from the northampton court today saying the RBS intent to defend the claim in full. They now have their 28 days to submit their defence. The response pack has come from Cobbetts LLP, king street, Manchester. and signed by a Lynsey Burgoyne, position of solicitor. Anyone had dealings with these people yet ?

I sent the original 2 letters to the head office in edinburgh, not to my local branch. Went on line to fill out the court forms and you cant sue someone in scotland with the on line version for some reason, so I sent it to my local branch on the theory that they wont deal with it but send it on to the head office anyway. Will be interesting to see what happens here, it might of caused problems on what was originally a straight forward case. We will see. Nothing to lose, got no money to pay their costs anyway , but on the other hand I could win a few grand back from them

Ill be going for the higher rate, defo.

thanks for that, to be honest I never thought of the loan

Hi, Im knew here, I saw this advertised on Tv and decided after more than a year to finally do something about it. I got my hours cut at work xmas before last and as a result my income went down. I did the right thing and told the bank that there may be a problem after the xmas as I had less income, this they acknowledged and did nothing about. Come the February my father died and left me some money but obviously I had to wait for the probate to be sorted. I told the bank and showed them the will that stated I had a half share of his property. I had received a lot of charges the week earlier and asked them if they could extend my overdraft for 2 weeks as I had several thousand coming to me earlier than first thought. They refused and said they would give me a loan to pay off my overdraft of £1000 and I would then be in credit by £10. All the time they were bouncing direct debits and charging me. I eventually had to agree and they for some reason cancelled my cheque card that I hadn't been using and handed my account over to an account manager in Manchester. Two weeks later I paid off my £20,000 loan and put a further £10,000 into my account yet I only got my card back 3 weeks ago. In 3 weeks I accrued just over £1000 in charges and I would imagine my credit rating went down the toilet as well. Now its payback time. I am just about to send my Data Protection Act letter to the registered address in edinburgh, dont know if its the right one but it came up on the search link. ------------------------------------------------- Sent Data Protection Act to rbos registered office, awaiting return 05/08/06 ;-) Just received my statements, stage 2 now 31/08/06 First letter going out today asking for my money and loan amount back £1,731.00 charges £1,893.54 loan 02/09/06 No reply to my first letter, now posting next one. 19/09/06 Received very polite letter 20 days after first letter sent saying NO-WAY 22/09/06 On-line court proceedings started 04/10/06 Received acknowledgement of service to defend full claim 19/10/06 Received a copy of defence, been reffered to my local court 08/11/06 First offer made £1050.00, deadline ran out before receiving offer oops. 02/12/06 Received updated defence 20/12/06