Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

RBS charges


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6059 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

sent letter to RBS ( prelim ) 26/02/07 claiming charges of £2145.77 + interest of £444.66 = £2590.43. recv`d offer from rbs of £1725.77, we rejected this offer and issued LBA on 09/03/07, then second LBA on the 27/03/07, no response from rbs so we issued on -line court action on 10/04/07. we then recv`d a duplicate offer from rbs for the above amount as i have already started on-line court action ignored dup offer, then recv`d acknowledgement and today recv`d defence/request for further info from rbs solicitors:these are some points stated in letter.....

 

1. this request is served puruant to CPR Part 18 alternatively with regard to CPR Rule 27.2(3)

2. You are asked to provide a response to this request in accordance with CPR Part 18 by May 25 2007.

3. in the event that you do not provide an adequate response to this request by this date ( or such other date as may be agreed with the Defendants solicitors ) then the Defendant can apply to the Court for an order requiring you to provide the infomation requested or (in view of the deficiencies in the way that the claim is pleaded ) an order striking out the claim(s).

 

 

RBS are asking for proof dates of each charge, reasons for charge, amounts claiming for etc...this is spelt out in legal jargon!!!

 

how do i respond to this.....found template on Martin3030 in response to a CPR Part 18 request, would this be suitable to rbs solicitors Cobbetts.

Link to post
Share on other sites

Okay, with your claim being above the small claim track limit, you are obliged to respond to their request. However, it may be possible to turn this to your advantage.

 

Reply in the same format/layout as their defence document, and head it as being a "Response to Part 18 Request". List the information they require. It is vital to include the statement of truth at the bottom.

 

You must send a copy of your response, AND a copy of their request, to the court. Send the copy to Cobbetts by recorded delivery.

 

Next, using the format that Cobbetts have used, send a Part 18 Request to them along the following lines:

 

1) With reference to the list of charges provided to you in response to your Part 18 request, and previously to the Defendant, I request that you supply a full certified breakdown of the actual expenditure incurred by the Defendant, in relation to each of the charges levied.

 

2) Where the charge is purely an administration charge applied under the Terms and Conditions of the account, I request that you provide certified details of how that charge was set, and the calculations used in the process of arriving at that figure.

 

Include all the same threats that they did. Do not send a copy of this to the court...it is up to Cobbetts to do that when they reply.

 

Almost certainly they will refuse to answer the questions....but you may find that it gives them sufficient discomfort to consider an early settlement.

 

 

 

 

 

 

Link to post
Share on other sites

Hi Alan thanks for your quick reply with regards their request im not sure how to respond to each of their points as it is all legal jargon to me, below is thier request point by point wonder if you could have a look at it for me and advise.

1 In your claim you state "the Defendant debited numerous charges from the climents account".

2 Please provide the particulars in support of your cliam.

2.1 In relation to each charge please identify (a) the date when the charge was charged (b) the amount of the same and © the reasons given for the charging of the same.

 

2.2 In relation to each charge ,please clarify the following (a) is it the case of the claimant the same should not have been charged? (B) if yes ;please explain why the claimant contends that the same should not have been charged ?© if no ;is it the case of the claimant that the same should not have been charged in this amount? (D)if yes;please explain why the claimant contends that the same should not have been charged in this amount and identify the sum the claimant contends should have been charged.(e)if no ;please state the claimants case.

 

3 In your claim you state "the charges are an unlawful , extravagant penalty".

 

4 Please provide the following partculars in support of your claim.

 

4.1 Please specify the clause(s) pursuant to which the charges were applied;

 

4.2 please specify whether the charges applied were due to a breach of contract by the claimant;

Please identify in each case the particular breach of contract (by reference to appropriate.

 

5 In your claim you state the charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999.

 

6 Please specify all of the facts relied on by the claimant in support of the contentions in paragraph 4 above, and in particular please identify(a)the sections ans/or regulations of each statute/regulation referred to ; and(b)the principles of common law relied upon by the claqimant in alleging that the charges are unlawful.

 

Thanks in an advance wouldnt have a clue which way to turn without all the help from this site.

Link to post
Share on other sites

Okay, this is how I would tackle it:

 

1 - No response necessary - they are simply quoting your claim.

 

2.1 - Copy exactly what it shows on your statement

 

2.2 - I would tell them that this question goes beyond the scope of a request for information under Part 18, and is interrogatory in nature. [the court would not expect you to argue your case at this stage]

 

3 - See 1 above

 

4.1 - Tell them that this information is known by the Defendant, since it was the Defendant that applied the charges. On that basis, it would seem extremely odd that the Defendant would seek to discover on what basis the Defendant added the charge. Surely without such knowledge the charges should never have been applied.

 

4.2 - Same as 2.2 above

 

5 - See 1 above

 

6 - Same as 2.2 above.

 

Along with your response (and it is vital that it is a separate letter), I would send a covering letter to Cobbetts pointing out that you consider the scope of their Part 18 request to be intimidatory, and that you intend to raise the matter with the Judge at the earliest opportunity.

  • Haha 1

 

 

 

 

 

 

Link to post
Share on other sites

Thanks again Alan for your help and reply.

Just about to write my letters and wanted to clarify when answering 2.1 do I list every charge over the 6 yr period ,do I not need to list interest charges at this stage.Finally i am right I need to send 2 letters to cobbetts one giving my response to part 18 and in this letter also include re yr previous post 2 a req for them to respond to part 18,do i also give them a deadline to respond and then if no respose req a judgement from the courts. and 2nd letter to them re intimidatory tactics.Then at this stage only send a copy of their req to the courts but none of my replies.Could you confirm my understanding is correct please ? Many thanks

Link to post
Share on other sites

You only need to supply the information they have asked for - so that is the date, the charge, and the wording on the statement for the explanation.

 

You need to send the following:

 

To Cobbetts:

 

1 - Your response to THEIR Part 18 request - this needs to be one document and must not contain any other request or information.

 

2 - YOUR Part 18 request to THEM - again this should be one document.

 

3 - A covering letter pointing out that they must respond to your Part 18 Request within 14 days, and also the comment about the intimidatory nature of their Part 18.

 

To the Court:

 

1 - A copy of your response to their Part 18 request.

 

2 - A copy of their Part 18 request.

 

-------------------------------------------------------------------

 

On your Part 18 Request I would also add a third and fourth request, as follows:

 

3) I require that the Defendant supply a copy of the full Terms and Conditions which applied to the account at the time the account was opened.

 

4) I require that the Defendant supply copies of any amendments to the Terms and Conditions applying to the account, which have come into force since the account was opened.

 

 

 

 

 

 

Link to post
Share on other sites

Posted my letters today to the RBS solicitors and copies to court.Really worried now i have heard about the judgement if favour of the Lloyds case wish i would have accecpted the first offer .My online court action is from Northampton but i live in Manchester if my case goes to court will they xfer it to one in my area?And if so would i need a solicitor ?just hope it does not come to this and they back down after my Part 18 req

Link to post
Share on other sites

That is the reason for items 3 & 4 on the Part 18. Have a look at the stickies at the top of the Lloyd's forum - that will give you some of the background.

 

The main issue is that claimants now have to be properly prepared, and have all the evidence they need before any potential hearing.

 

 

 

 

 

 

Link to post
Share on other sites

  • 2 weeks later...

You were correct the Part 18 request issued to cobbetts has not been answered by the bank infact the 14 day deadline ended today, as the post has been today I guess I will recieve no reply.Is their any action I can take now they havent replied to the part 18? or do i still wait for the next step in court action my case has been xfer to local court now but not heard anything else the section where they asked for a allocation questionnaire was crossed out.I hope them not replying will at least make my case stronger especialy as on their part 18 req said if i did not reply they would have my claim struck off with the courts I replied on time as advised in post 3 above.A bit in the dark if their is anything I can do next any advice as always would be greatly appreciated.

Link to post
Share on other sites

It depends how forceful you want to be - clearly you can now seek a court order under Part 18, to force them to comply. Personally though, I would wait for the Allocation Questionnaire, and include your request within that - noting that they have ignored your Part 18 request.

 

 

 

 

 

 

Link to post
Share on other sites

Thanks For The Advice I Will Wait For The Aq And Post Again Then For Some Help Completing.

Is It After Completing The Aq I Need To Worry About Getting A Court Bundle Together This Is The Bit That Most Concerns Me, Or Could I Still Recieve An Offer At That Stage.to Be Honest Because Feel Nervous I Probably Negotiate But I Suppose It Would Not Be A Good Idea Trying This At This Stage.anyway Without This Site I Probably Would Of Already Give Up

Link to post
Share on other sites

  • 2 weeks later...

A little bit worried recd a notice of tansfer of proceedings dated 17/05/2007 confirming my case has been transferred to a court in my area.A copy of the banks defence and their part 18 req also attached.

I dont know if theirs anything I should do now ? page 2 states

without hearing

IT IS ORDERED THAT

1/ the filing of an allocation questionnaire be dispenses with in this case unless the District Judge at the court transfer orders otherwise.

 

Any party affected by this order may under Rule 3.3 (5) apply to have it set aside varied or stayed.Such a party must apply under RULE 23.3 within 14 days of service of this order.

 

Still not heard anything from courts of Cobbettts is their anything i should now do as its nearly 4 weeks later.And does this mean I probably wont need to completed allocation questionnaire and need to wait for court date.

 

Any advice please

Link to post
Share on other sites

Thank you for the pm.I will reply here.

You have not much to worry about,allocation questionaires are being dispensed with because your claim has been looked at and can be clearly seen small claims is the best track.More and more courts are doing this and many are listing bulk hearings in an effort to de-clog the system.

You speak of some figures being wrong.

If Cobbetts have spotted this then they are quite likely to have mentioned it in their defence,but you will notice that they say they reserve the right to ammend or add to their defence in the future.

Having dealt with them a few times you can be sure they will question the figures that do not add up,and subtract them from any settlement(of course with your agreement)......You therefore do not need to submit an ammendment at this stage but should do so if they start to threaten strike outs.

As regards their request for you to comply with their part 18 request,there is info to deal with this in the stickies of Natwest thread (look at the top of the section ) in which my letter has been used many hundreds of times.

Have a look through other RBS threads too.

The court staff were right in their words......it is likely that RBS will not offer you full settlement until much nearer the time.They may however offer you 50% which of course you should decline.

  • Haha 1

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.

 

 

Link to post
Share on other sites

 

 

RBS are asking for proof dates of each charge, reasons for charge, amounts claiming for etc...this is spelt out in legal jargon!!!

 

how do i respond to this.....found template on Martin3030 in response to a CPR Part 18 request, would this be suitable to rbs solicitors Cobbetts.

 

Wer would I find the template I need this as I am dealing with cobbetts, could anyone post a link to this thread please???

Link to post
Share on other sites

Thanks for replying so soon

As regards calculating the interest incorrectly should i leave the orginal figure claimed till the court date and let them amend the figures accordingly.I have already answered their part 18 req with the help of ALAN in one of the above threads and issued them with part 18 req that of course they did not reply .Thanks again for the advice i will post again when i hear more.

Link to post
Share on other sites

Okay, with your claim being above the small claim track limit, you are obliged to respond to their request. However, it may be possible to turn this to your advantage.

 

Reply in the same format/layout as their defence document, and head it as being a "Response to Part 18 Request". List the information they require. It is vital to include the statement of truth at the bottom.

 

You must send a copy of your response, AND a copy of their request, to the court. Send the copy to Cobbetts by recorded delivery.

 

Next, using the format that Cobbetts have used, send a Part 18 Request to them along the following lines:

 

1) With reference to the list of charges provided to you in response to your Part 18 request, and previously to the Defendant, I request that you supply a full certified breakdown of the actual expenditure incurred by the Defendant, in relation to each of the charges levied.

 

2) Where the charge is purely an administration charge applied under the Terms and Conditions of the account, I request that you provide certified details of how that charge was set, and the calculations used in the process of arriving at that figure.

 

Include all the same threats that they did. Do not send a copy of this to the court...it is up to Cobbetts to do that when they reply.

 

Almost certainly they will refuse to answer the questions....but you may find that it gives them sufficient discomfort to consider an early settlement.

 

Great I love the advice ill use it all, be ready to be uncomfortable mrs cobbetts solicitor!!! hehe :)

Link to post
Share on other sites

Yes the response to Cobbetts part 18 request can be used whether you are a Natwest claimant or RBS...its the same.

We did talk last year of getting a bulk complaint together for the law society to report these clowns.

It did not happen as we thought they would pack it in on the strength of those threats........unfortunately it seems as though they carried on regardless.

Maybe those complaints should now be reconsidered.:mad:

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.

 

 

Link to post
Share on other sites

  • 3 weeks later...

Recd the Allocation Questionnaire N150 yesterday need some held with it please.

As I made a small error in my orginal calculation and calculated the interest incorrectly .When completing the AQ should I recalculate my figures ,or enter the same figure I used in my prem letter.

Cobbetts did not in their defence any discrepencies they picked up so I pursume they did not spot my mistake .

Any advice in completing section F proposed directions that could held my case.

Im right in thinking I need send a copy of my AQ to cobbetts also enclosing a duplicate part 18 req that they ignored previously.And issue a covering letter to the courts along with my AQ confirming duplicate part 18 req issued .Finally is it best to hand in the AQ to the courts rather than taking a chance on the post.

Sorry to go on a bit but really scared now dont want to lose out at this late stage any advice welcome ?

Link to post
Share on other sites

If it is a small error, I would be inclined to leave it as it is until it comes to them making a settlement offer, or the matter reaches court. Details of completing the AQ can be found here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

 

 

 

 

 

Link to post
Share on other sites

  • 1 month later...

Just wondering in light of the OFT test case if the banks loose will be get our court costs back?

Also on the 10th of July I sent my Allocation Questionaire with £100 pyt which was cashed on the 17th July then on 4th Aug recd notification of stay I thought i would recieve my £100 back but the lady from the courts who didnt sound sure said that I would need to write in after the result of the test case and ask courts for my £100 back is this correct ?

Link to post
Share on other sites

lisaandy...... I recently got my MCOL fees backs... 2 lots of £120... I wrote to Northampton saying I had made a mistake, said I had borrowed the fees (true, they went on a credit card), pleaded poverty etc and they refunded my money. I wrote in very quickly, the day after the MCOL claim was started. It is worth a try, but I would guess the longer you wait the less likely you are to get a refund. It is possibly that they will refund if the case has been stayed and you write in... also i faxed the letter as well as posting. The fax numbers/address are on the MCOL website

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...