okay history first

over the last 6 years

I have incurred the following charges in the following catergoris

Upaid Fees - Mis-use - Referral - Interest -Unknown

it all comes to about 4.5k

here what i did

1. I sent letter one asking for statments -RBS posted within 30 days

2. Posted my £10 for the S.A.R - (Subject Access Request) - Re. RBS letter asking for £10 S.A.R - (Subject Access Request)

3. sent letter two - asking for my money - RBS requested breakdown of unfair fees

4. Sent full detailed list - RBS claimed they were fair and see me in court

5. Told to claim at registered office - went to www.moneyclaim.gov.uk cannot cliam against address in scotland

6. claimes against uk london head office address

7. waited 28 days for defence

8. claimed judgement on same day they defended (day 30 duh)

9. judgement rejected and referred to altrincham county court by money claim

10. sent big letter from rbs solicitors saying they are within there rights and will fight it

11. feel beaten and need legal help but cant afford it - to defend my case

12. need help from someone somewhere - would use a solicitor if they would take payment if i won they case (and a fair amount)

anyone out there who can help me

thanks

iain

It's not quite clear what has happened here but it here is how it reads to me:-

1. You lodged a claim against RBS for £4500.

2. They failed to enter a defence within the alloted time frame so a judgement was awarded against RBS in your favour.

3. RBS applied to have the judgement set aside and succeeded in getting this.

4. RBS have now contacted you (or their solicitors have) and have stated that thei charges are fair and they will be defending the action.

Is that a fair assessment of what has happened?

Ian,

Sorry that you feel beaten but hey,people are making good progress with RBS,check out Stacy Mason's thread on RBS forum,she was recently settled in full by RBS and she is in England,there is also others which are also close to being settled.

I think you need to take some time to breath and regroup your thoughts,read read read,its all in here,we will beat them so dont get beaten down that is what they want,this is our time to claim back all our hard earned cash,

Any way chin up,do not stop.

Regards

Stewart

Dont get down, your doing well . They have submitted a defense is all.

This sounds like nothing out of the ordinary. Read through the successes forums and you will see many claims get to this stage, and further and get settled in full before the court date.

Next you will receive the Allocation Questionnaire. Complete and return with payment. Send in photocopy of the AQ along with your schedule of charges to the solicitors, then sit back and wait. Settlement does come.

thanks guys that gave me a well needed lift! Yes Rob that is pretty much what happened

I will read through the forum and continue the fight - It would sure be worth it in the long run!

11. feel beaten and need legal help but cant afford it - to defend my case

 

12. need help from someone somewhere - would use a solicitor if they would take payment if i won they case (and a fair amount)

Dear Lord, why would you want a solicitor? Is he likely to be as determined as you to get your charges back? And why throw away a large chunk of you cash at someone else when all it takes is a bit of determination, LOTS of reading on here and the cost of a few stamps, and, I'll be honest, quite a lot of paper and printer ink ;-)

Of COURSE, the solicitors wrote a big letter and said they would defend, and bla bla BLAH! That's what they get paid a lot of money to do!

But think of it this way: So far, every single person on this board who has had the same type of letter (some more threatening, some less) has had their money back without going to court. Plenty more will.

Can you clarify this?

8. claimed judgement on same day they defended (day 30 duh)

 

9. judgement rejected and referred to altrincham county court by money claim

You agreed with Rob S that the judgment was set-aside, but is that the case? I read it that your application for judgment was refused as they had lodged a defence within the prescribed time (more or less ). They are 2 very different things and need to be dealt in a different manner, so please tell us which one it is. Thanks.

If it is, as I suspect, just a normal court hearing thingy, just keep on reading, and you will see that hundreds, maybe thousands, are in the same boat as you. Don't panic, they have not beaten you, they will not beat you.

PS: Moved your thread from "General Consumer Issues" to "RBS forum". And I have changed your title to something less defeatist, as we have now established that in fact, they have NOt beaten you. Quite the reverse. ;-)

hi Bookworm, thanks for your reply, very useful indeed!!

yes to clarify the points 8 + 9

I filed for judgement on day 30 at 7.30 am on moneyclaim.co.uk

it was the same day the defence letter arrived at moneyclaim so they rejected the judgement .

They have now posted me the questionairre and have since passed me over to Altrincham , i am going to fight and win!!

Right, ok, so not a set-aside then. Cool. Much easier that way.

Keep on reading then, and don't worry, all normal, business as usual. ;-)

There is a guide by Jonni2bad on how to fill in the AQ, have a good read and holler on here if you need help.

Yes, you ARE going to fight and win, that's the attitude!

latest news - ps looking very good!!

I filled in the AQ questionaire and used the correct payment excel spreadsheet template from this site , sent this information to the court and have since recived a pay off letter from cobbets

they have offered over half of the disputed amount (not including court costs)

should i go to court and see what the outcome is or send them a letter asking for more money and i will cancel the court case! (maybe 2/3 of the case)

cheers

Iain,

I would fight it all the way until they return their unfair charges!

Best of luck.

Why 2/3 when you can get 100%? :-?