Hi. I am probably scotty's partner who has a claim against RBS. I have put in my mcol and am awaiting the defense from Cobbetts/RBS, which should come through on the 6th of Oct...

Can I ask what should I expect and what wuld be my next line of action?

I am claiming back £3000+ in charges from my student account (two entire terms worth of student loans) plus interest etc of course.

I am expeting the defense to include details of Cobbetts claiming hey do not know who I am dispite my rectifying the typo's on my mcol through correct channels and forms. Besides this what can I expect and what should I prepare for.

Thanks

You`ll prolly get the defence and a cpr pt 18 request fpr further information asking for names, accounts numbers, reasoning why you think they`re unlawful, basically stuff you`ve already sent the bank via your prelim, LBA and claim.

its upto you how you respond to the cpr but it`ll prolly be a good idea to write to cobblers saying the cpr pt 18 bears little or no relevence to the small claims track and can only be issued by the courts, and thats its an intimadatory tactic etc, theres a few good template letters you can adjust in other threads.

Without blowing my own trumpet, there's some good stuff on my thread, quite a few of us are into Round 2 on the MCOL, ie court date in the not too distant future!!

BC:p

Well well.:o:o

I am stunned that I have a reply a whole 3 days before the deadline. This is so far unprecedented for any step in my claim, I must say.

As suggested by you wonderful people, this is indeed the CPR part 18 request, and about 10 pages of legal waffle which interprets in my sweet little mind as ' please send us everything you have already supplied as we are doing our best to put you off by asking you to be proactive:rolleyes:, because we are sure that all the information we are asking you for will take you several hours to compile:wink:.

Haha thinks I!!!!

Little do Cobblers know that the wonderful folk at CAG have been detailing their own cases and I have everything you are asking for ready to print and post tomorrow. I will not be put off by your legal paper wasting, but infact I shall rejoice in complying with your request instead.;-)

I am also wondering and would love feedback please as too whether or not to include the plain and simple facts that during this long and awful process that I have had to take out loans to cover the losses from the charges plus the shortfall I have had occasionally in rent due to this whole situation. I personally feel this adds to my situation and my claim. Plus my bank are very much aware of the stress this situation has caused me over the last few years as I have always stood in the bank and complained (sometimes with tears) over the financial hardship they have caused me whilst I was a single mother and student struggling on students loans. Is it worth adding this in my covering letter to Cobbetts or should I save it for some later point, or shall I just not bother?

I have noted a delicious cover letter for this point on BIGCOL's thread and will be following his lead in this situation and gathering everything together this evening.

And on the game continues......

keep up the fight. We'll all get there in the end!

BIGCOL

Your thread is so inspirational. I will also use 'with adjustments of course' some of your letters with your kind permission?

I am chomping at the bit to get all this over with and finally pay off everyone who I owe pennies too due to the money I lost because of the darned bank.

Scotty is also claiming back charges at over 1500 from the halifax and we will be putting in his mcol shortly too.

DarlingDon.

Thank you for replying. If we do not stand up to the banks who will? I not only want my own money back, and damnit they will give me it back with charges and I want an apology!! But I would also like to think that maybe just maybe by all of us standing up and saying NO!!! the younger generations will have fairer banking situations.

I suddenly understand why previous generations have kept their money under their bed's.....I am sure my own pennies would be far far safer there than in the slightly greasey hands of RBS.

What has REALLY wound me up the most about this entire situation, is that charges are instantly applied leaving the customer no opportunity to cover the charge and very often not even knowing that a charge has had to be applied. I for one do not have 24 hour surveillence of my account activity nor do I think I should have too. Ergo we then are overdrawn and uninformed etc etc and get charged again and again.....fairness, it seems so simple on paper....

I would really appreciate feedback on my notion of stating the facts surrounding my case please.

Everything is good to go though I do need to spend an hour recalculating the interest to date...just so they know I have not forgotten before replying to cobbetts pushy attempt to put me off (eat my shorts cobblers!!!!).

Has anyone else ever added other factors to their claim in reply to the CPR 18 reply? I have scanned the forum threads but not fund anything?

Thanks guys:):)

PS,

not sure if you can add anything in unless you've mentioned it in the original MCOL, however, if you wish to add 'extras' in (like subsequent charges etc) then you could go down the N244 application route, it will cost you an extra (non-claimable) £35 and it's down to the Judge if he/she will include it or not but it may be useful to you (the pdf is on the HMCS website).

On the CPR 18 request reply, Martin3030 has a good letter as well, dealing specifically with the (more brief) legal aspects of CPR 18 request. Its short, sharp, and to the point. Take a look, I think it's great!

BC:smile:

Try this:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/35673-cobbetts-cpr-18-request.html

My geek-powers are limited so don't know if the link will work so I will try and post the text in a moment!!

BC:cool:

I have even astounded myself!!! :o

Well done to Martin though! Maybe more people should use this version in the future, just to let Cobblers know that we mean business.

Interestingly enough, it would appear that Cobblers deal with the Naff West cases too, I know this becasue one of my preprepared letters from Cobblers told me that their client for my case was Naff West and not RBS!! I'll happily take payment of NAff West and then carry on with the RBS though!!

Martin (if you are watching), it may be worthwhile posting your letter on the Naff West forum too, no doubt Cobblers are employing the same bully-boy tactics there too!

Bon Oeuf!!

Mange tout!

BC:cool:

Hi BC

Thanks I am taking a look at Martins version in a moment.

Thankfully my current unemployment situation enables me to avoid some of the extra costs involved with the claim. Which I am very pleased by otherwise I would be quite possibly having to throw in the towel at this point as I simly do not have the extra £100 needed at this stage.

Unemployment for once has a bonus. But I still want a job!!!!

Anyways. Everything is all gathered together and will be posted off come monday along with the court questionaire this morning.....Cobbetts I am on your case!!!!

Well that is my Allocation Questionnaire and Cobblers reply (All very tongue in cheek of course and in the end used Martins reply to the part 18, not brave enough to use BIG COLS) all completed and posted.

It really does feel great. And court is Nottingham which is quite right too.

Now what can I expect? From what I have seen on other threads, possibly a bit more of the delay tactics, or possibly another good will offer which would of course recieve the well earned 'raspberry' sound. Anything else I can expect should expect and be prepared for?

I would REALLY love this to be over before christmas...though actually new year, would be great to start fresh and new in the new year.

Well this posted I shall have a nosey through the threads and see how everyone else is doing.

Fingers crossed for us all.

PS,

you will not really hear much from now, you may get an offer but don't expect anything more than about 50%, you'll also get the standard "our client believes ...right & proper....your case will fail in Court...." blah as well. Hopefully you'll get a Court date before Xmas. Cobblers will also send you a copy of their AQ, just for interest. But now is the time to practise waiting.....

Mange tout!

BC:rolleyes:

Ahhh the waiting game!!!

I have never been very patient..however my horsey is back from hells geldings correctional school one week today....so they can shilly shally and take as long as they like for i shall be riding though the woods without a care....

I am just so happy to be at this stage....feels GRRRRRRRRRRRRRREAT:cool:

Well as suggested by you guys I have recieved the AQ from Cobblers, and today the following letter.

You will fail...we are being good...we have been fair....you will fail..however....good will £1850 (this is three times what I was originally offered...I am getting there) as full and final settlement...you will not disclose and you WILL withdraw court claim...without predjudice....you will fail...we are being reasonable.

Now I had thought the court blurb from them was out of order....however THIS...well only the foulest of language is suitable....In short..HOW DARE THEY even contemplate speaking to me in that manner??!!!!

NO NO NO NO NO....I WILL NOT...accept their pettiness and threats...GIVE ME MY MONEY BACK YOU...........

Ahhhh, that feels so much better!!!

Ok, is there a standard reply letter to this? or shall I just telephone in the morning and speak my mind and suggest I will accept this as an interim payment of the full amount finally being recredited to my purse and without silence clauses...NO I will not shut up about their disgusting 'banking' practices not after this little communication.

Or shall just draft a short to the point letter saying no...and just reversing their suggestions back at them...namely I will I will, you didnt, you`re not....Full amount...no clauses...I will and thank you...

Lollipops and donations all round when they finally settle!!!

In other news....horsey is BRILLIANT!!!....

Well I decided to call them and politely refuse their 'generous' offer.

However, I was first directed to an empty office, where I was asked to leave a message, upon recalling and again being rediriected....yes to another answer phone....but this time was given an extension number.

Yes to another answer machine!!!!!

It would appear that EVERYONE at Cobblers (Save the receptionist) is on holiday...or have better things to do than deal with our claims....Now we know why they take so very long to deal with this all.

well finally someone called back and without surprise they want my decision in writing....can anyone spell 'time wasting'?

Well here is my draughted letter, if it is ok I will post it off in the morning...can someone give it a glance over please?

RE: claim no ********

To Whom It May Concern

In response to your letter dated ****, I am more than happy to accept the ‘good will payment of £1,850’ but only as an interim payment of the full and final settlement. Please do note I will not be accepting this ‘gesture’ or indeed the full and final settlement with any additional clauses such as those you suggest in your communication I consider these to be both unnecessary and intimidating.

I consider that I have ‘every’ chance of success and am firmly committed to winning this claim therefore I shall continue with my claim through the small claims track should this good will offer not be paid to myself as an interim payment of the full and final settlement by ****.

I shall be forwarding this and a copy or your letter to the courts as I do once again consider the phraseology of your communication to be very intimidating and feel that the court should be aware of all communications within this matter.

Yours Faithfully

Me

Feedback please....

Well no surprise that I have recieved no reply from Cobblers since sending my letter (See above)...No doubt they are all on holiday still.

Anyway, I have my court date 30th Jan 07, 28 days after my birthday. Lets hope a settlement arrives long before this because whilst I am still positive and know I am doing the right and proper thing, the stress of the situation and the way this has been dragged out by RBS and fellow evilness in Cobbetts is really starting to get to me. Hardly sleeping or eating, money stress is now seriously driving me crazy.

Anyways I guess the light at the end of the tunnel is close, I can see it if I squint.

On other news, does anyone know what the liklihood is of me being able to open another graduate account with a similar overdraft (Obviously with a different bank) so that I can close my RBS account as a final statement on this whole affair? As far as I understand it; legally you cannot have more than one 'student' account. As I really do intend to open one so I can close the other is this at all possible or do I in fact have my facts wrong?

Thanks all, could do with a couple of, 'chin up' messages I think.

Does anyone have a contact for Tommy Mclean please?

This is quite urgent, as he appears to be the only person who has been helpful with people claims i would dearly love to speak with him.

My bank have begun not honouring cheques but still charging me or the fact they are not honouring them DISPITE the funds being IN my account.

This is amongst other things maddening and embarrassing and I am seriously at the end of my tether and just want to find someone who will actually help....for a change.

Still waitin and waitin for the settlement to appear.......

Tommy McLean

Customer Relations

Customer Central Support

First Floor

The Forthstone

56 South Gyle Crescent

Edinburgh

EH12 9LE

Tel: 0131 523 5116

email: [email protected]

Although he told me that he doesnt deal with claims once they go legal.

But good luck anyway x

Thanks.

Have heard the same thing but wanted to speak to him with regard the way I am now being treated and try to have 300 quids worth of charges put back into my acount for cheques they have not honoured recently.

Its not with regard my current claim.

It is a rediculous situation in all honesty. My initial complaint over this last week has not even been logged by customer services!!! Which means the cal I recieved today was due to being over my o/d limit which s all from charges so they are not honouring a cheque going out today....and another charge!!!....I am convinced that this is because I am fighting them and am VERY annoyed but do not know who to speak to to resolve the situation.

I got 152 quid put back in a few weeks ago but it took them nearly two weeks. I just ended up ringing every day and harrassing them til they got sick of me. I told them they are quick enough taking charges out which they had no reply to!! Find out somebodys name in your branch and keep on at them. It worked for me. I do think its because you're fighting them.