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    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
    • Sorry,  I'm not familiar with terminology.  Direction questionnaire is what I've seen online as next step. Witness statement: I haven't gone that far, that's why I put the question marks.
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Royal offering full settlement


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I have been helping a few people claim back charges. When the Royal Bank finally offers a full settlement, they ask you to sign a form saying you will accept it as the full settlement and that future charges must stand. Does anyone know if you refuse to sign saying saying they can continue to charge illegally, they will still settle without requiring you to sign to accept future charges, if you contine with legal action.

 

Regards

 

Gary

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Thats a very confusing question! But from what I can make of it, heres what I think.... firstly the bank charges are unlawful, not illegal. Secondly, it doesn't matter what you sign, you can't sign your rights away.

 

"It doesn't matter what you sign; you cannot sign a legal right away if it's granted in Law. You could sign an affadavit saying I will never ever claim from you again for anything at all; and then claim the next day because you are legally entitled to that for which you claim.

 

So - even if you signed an "any and all claims, and all future claims" clause, it could only make it slightly more difficult. You can claim for charges going back as far as the bank has records; although no-one has tried to go beyond the six years yet in court." (Stonelaughter

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/6721-stacymason-rbos-2.html)

Thirdly, I'm confused as to your last point, why would you continue with legal action if you've been offered the full amount?

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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Lucy,

 

Yes I see what you mean about the confusing post, when I read it again myself. Thanks for the reply, you did get to the question I was asking anyway. My concern was that if the bank offers a full settlement of your claim they also ask you to sign a form saying that future charges they make to your account will be accepted. I was trying to determine whether agreeing to this would prevent a future claim against them for unlawful charges. I thought, as you say, it doesn't matter what you sign, you can't sign your rights away, was the case, but I was not sure.

 

Regards

 

Gary

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You dont have to sign.

If this is one of the conditions then strike out that wording and sign.

They are concerned that you inform the court that they have settled,they have no wish to see you delay that.

By imposing conditions they have effectively not settled your dispute 100%.

By signing as full and final settlement it does restrict you,in particular if there is a confidentiality agreement.

This is a legally binding doc.

If there are any uncertanties then you should not sign anything at all.

For anything to be legally enforceable would require you to sign and return.....if you do not do this then thats basically the end of it

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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