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    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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Skeetoids V's RBS - Going to court


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Hi Folks :D ,

My story so far:

8th June 2006 - letter to RBS for bank statements

17th June 2006 - statements received on 17th June 2006 - no covering letter

19th June 2006 - letter to RBS requesting refund of bank charges

3rd July 2006 - letter to RBS re 'letter before action'

13th July 2006 - standard letter from RBS - 'our charges are fair' etc.

18th July 2006 - file small claim with Edinburgh Sheriff Court

12th September 2006 - prelimenary hearing date - RBS must respond on or before this date

14th September 2006 :mad::confused: - letter from RBS solicitors and Edinburgh Sheriff Court. Solicitor submits an 'incidental application' on behalf of the Defender (RBS) to allow the attached Notice of Intention to Defend to be lodged late. Letter from Sheriff Court informs me I must attend court on the hearing date of Tuesday 19th September 2006 @ 9:45am.

So, it seems that RBS (now known as edit B******S of Scotland) are attempting to defend my claim:-x . Well, on Tuesday 19th September I intend to request that the Sheriff dismisses any request from RBS to delay there response and that they have had long enough to cough up my cash. Not to mention there late, and frankly poor response, makes not only a mockery of the Scottish justice system but has now p****d me off to the max!!!:-x

If anyone has had a similar experience I'd appreciate any advice you can provide. I'll up date this post after i've been to court and let you know the outcome. Hopefully, i'll get my cash back???Then i'll be laughing my way to another bank.:lol:

 

EDITED due to libelous wording.

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I will be watching closely to your thread, im sure others will help you also. You may want to PM a MOD for more help but my bet is that they pay up Monday morning for you as i cannot see this going to court if you have followed everything correctly. Good Luck.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Hi Folks :grin: , (updates in red)

My story so far:

8th June 2006 - letter to RBS for bank statements

17th June 2006 - statements received on 17th June 2006 - no covering letter

19th June 2006 - letter to RBS requesting refund of bank charges

3rd July 2006 - letter to RBS re 'letter before action'

13th July 2006 - standard letter from RBS - 'our charges are fair' etc.

18th July 2006 - file small claim with Edinburgh Sheriff Court

12th September 2006 - prelimenary hearing date - RBS must respond on or before this date

14th September 2006 :evil::confused: - letter from RBS solicitors and Edinburgh Sheriff Court. Solicitor submits an 'incidental application' on behalf of the Defender (RBS) to allow the attached Notice of Intention to Defend to be lodged late. Letter from Sheriff Court informs me I must attend court on the hearing date of Tuesday 19th September 2006 @ 9:45am.

18th September 2006 :D - phone call from RBS. Will settle claim in full, including expenses, today! Furthermore, as I could only afford to raise a small claim I told the bank I also had approx. £1,000 left to claim. I need to send them a full schedule of the charges and it's looks like they will be refunding the lot!!! Woo-hoo!!! More up dates to follow!:)

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Brilliant stuff mate. I'm at the very beginning of the process and my main worry is it actually going to court.

 

Stories such as yours really help settle the nerves.

 

Well done my friend :D

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

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Hi Folks :grin: , (updates in green)

My story so far:

8th June 2006 - letter to RBS for bank statements

17th June 2006 - statements received on 17th June 2006 - no covering letter

19th June 2006 - letter to RBS requesting refund of bank charges

3rd July 2006 - letter to RBS re 'letter before action'

13th July 2006 - standard letter from RBS - 'our charges are fair' etc.

18th July 2006 - file small claim with Edinburgh Sheriff Court

12th September 2006 - prelimenary hearing date - RBS must respond on or before this date

14th September 2006 :evil::confused: - letter from RBS solicitors and Edinburgh Sheriff Court. Solicitor submits an 'incidental application' on behalf of the Defender (RBS) to allow the attached Notice of Intention to Defend to be lodged late. Letter from Sheriff Court informs me I must attend court on the hearing date of Tuesday 19th September 2006 @ 9:45am.

18th September 2006 :grin: - phone call from RBS. Will settle claim in full, including expenses, today! Furthermore, as I could only afford to raise a small claim I told the bank I also had approx. £1,000 left to claim. I need to send them a full schedule of the charges and it's looks like they will be refunding the lot!!! Woo-hoo!!! More up dates to follow!:-)

18th September 2006 - received e-mail from RBS confirming full claim amount plus court costs will be credited to my account tomorrow morning. Also, they are instructing their solicitor to request an extension on the court hearing date by 1 week until i'm satisfied I have recieved all the cash!!! Update soon!

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Hi Folks :grin: , (updates in blue)

My story so far:

8th June 2006 - letter to RBS for bank statements

17th June 2006 - statements received on 17th June 2006 - no covering letter

19th June 2006 - letter to RBS requesting refund of bank charges

3rd July 2006 - letter to RBS re 'letter before action'

13th July 2006 - standard letter from RBS - 'our charges are fair' etc.

18th July 2006 - file small claim with Edinburgh Sheriff Court

12th September 2006 - prelimenary hearing date - RBS must respond on or before this date

14th September 2006 :evil::confused: - letter from RBS solicitors and Edinburgh Sheriff Court. Solicitor submits an 'incidental application' on behalf of the Defender (RBS) to allow the attached Notice of Intention to Defend to be lodged late. Letter from Sheriff Court informs me I must attend court on the hearing date of Tuesday 19th September 2006 @ 9:45am.

18th September 2006 :grin: - phone call from RBS. Will settle claim in full, including expenses, today! Furthermore, as I could only afford to raise a small claim I told the bank I also had approx. £1,000 left to claim. I need to send them a full schedule of the charges and it's looks like they will be refunding the lot!!! Woo-hoo!!! More up dates to follow!:-)

18th September 2006 - received e-mail from RBS confirming full claim amount plus court costs will be credited to my account tomorrow morning. Also, they are instructing their solicitor to request an extension on the court hearing date by 1 week until i'm satisfied I have recieved all the cash!!! Update soon!

19th September 2006 - RBS settled small claim in full - £739 paid directly to account this AM. List of outstanding charges sent direct to RBS solicitor for consideration. Hopefully, full and final settlement!!! Update soon!

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