Hi Guys

Ive just recievied notice of transfer of proceeding from mcol , as rbs have submitted a defence via corbetts , i have a couple of questions

1/ i filed for just under the £5000 with the mcol costs , but if i add the £100 court cost this will take me over the £5000 small claims limit (does this mean i can not use the small claim procedure? or are these cost excluded)

2/ during the period of the claim rbs have continued to add costs and penalty interest charges , will i have to caim for these separately .

3/ could i subdivide my mcol case into two separate claims ie 2005 2006 or is it to late to do this .

4/ allocation questionaire - has anyone advice on filling this out ie standard text?

5/ corbetts say i need to state the section of the unfair contract terms act 1977 , can anyone help here

6/ they also chunner about cpr part 18 , i know i read that this does not apply , but i need to understand what it is and why it does not apply

7/ anyone else got this far and had a defense from corbetts for rbs ?

read he longer threads, theyve got plenty of info...fee isnt included so will be small claims track, can claim the subsequent charges in a later claim so doesnt take u over small claims limit

check out big cols, tomba90s, willows, as well as mine

and check out the ones which have already their charges back such as gargoil, staceymason etc... dont think theres much that could possibly happen which hasnt happened in our threads

1/ i filed for just under the £5000 with the mcol costs , but if i add the £100 court cost this will take me over the £5000 small claims limit (does this mean i can not use the small claim procedure? or are these cost excluded)

Court fees and 8% interest are excluded from the £5000 limit

2/ during the period of the claim rbs have continued to add costs and penalty interest charges , will i have to caim for these separately . Yes

3/ could i subdivide my mcol case into two separate claims ie 2005 2006 or is it to late to do this . Too late

4/ allocation questionaire - has anyone advice on filling this out ie standard text? See guide here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

5/ corbetts say i need to state the section of the unfair contract terms act 1977 , can anyone help here

6/ they also chunner about cpr part 18 , i know i read that this does not apply , but i need to understand what it is and why it does not apply

Send them this letter:

CPR REQUEST REFUSAL

Dear Sir or Madam:

Claim No: XXXXX

I acknowledge receipt of your defence & request for further information and clarification.

I anticipate that the claim would be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court.

However, for clarity, I enclose a schedule of charges and I confirm the charges I am claiming were applied to the following account:

Account Name: XXXXX

Account numbers: XXXXX

Sort Code XXXXX

Amount XXXXX

Yours sincerely

dont think theres much that could possibly happen which hasnt happened in our threads

You got that right mister! :-| LOL

Good luck Jim

Wxx

read he longer threads, theyve got plenty of info...fee isnt included so will be small claims track, can claim the subsequent charges in a later claim so doesnt take u over small claims limit

 

check out big cols, tomba90s, willows, as well as mine

 

and check out the ones which have already their charges back such as gargoil, staceymason etc... dont think theres much that could possibly happen which hasnt happened in our threads

DAVID CAN YOU ADVISE ON FORM N149/ALLOCATION QUESTIONAIRE RECIEVED FROM HMCS

received defence letter yesterday and today received questionnaire form N149.

Any help would be greatly appreciated. Never done this before and I am starting to worry I have gone to far.

Claiming just under £5000.

AQ guide here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

cheers for your help, will keep you posted