Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Default Bryan Carter & Co. RBOS Solicitors

    Sorry to be a pain but need a tad of advice.

    Basically, I got a CCj against me for oweing RBOS 320 totally in charges.
    They issued a CCJ claim and I didnt defend so they got the Judgement (1 yr ago)

    I agreed to pay 26 PER MONTH then didnt when I found this site.
    I have since had the bailiff (REALLY nice bloke to be fair) and I told him I was going to challenge.

    I phoned Bryan Carter and spoke to NL(If I can put his real name up I will, not sure on rules) and asked them to hold fire.

    He then spouted off on one that all the charges were fair, I had signed an agreement the judge had entered judgement and there was nothing that could be done.

    I then asked him what his legal qualifications were and he said none, so I said so basically you are a telephone operator same as what I talk to when I phone up and place an order with Next. I questioned his ability to pass on legal say so as he had said there had been many a case lost by claimants. I asked him for legal reference IE Smith VSicon Bank but he could not or would not say.

    The question is:-

    Can I suspend the CC order and infact now challenge the original Judgement
    Can I suspend it while I counter claim
    Should I carry on paying but in the background, then claim for what I have paid
    Can I claim the bailiffs cost back IF the original claim is null and void

    Thanks for your help

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  2. #2

    Default Re: Bryan Carter & Co. RBOS Solicitors

    I would be inclined to stop payment, and write to Bryan Carter telling them that you dispute the judgement, and will be applying for a set-asideicon on the basis that the amount claimed was totally due to unlawful charges.

    If you know the amount of charges levied to your account the you should contact the court and ask for the paperwork for setting aside the judgement, on the basis that you have just discovered that the original judgement figure included unlawful amounts - and that you have a valid defence and will be issuing a counter claim.

    When you have the forms let us know and we will give you more information.

    Write to RBSicon telling them what you are intending to do - and demand that they reverse the charges, and pay all the costs you have incurred (including the bailiff fee, also tell them that you will be seeking removal of any default.

    Should they not agree to all this when the time comes, all this can be included in your counter-claim.

    Keep us posted.

    Alan, Derby, UK.



    PLEASE HELP US TO KEEP THIS SITE RUNNING
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    _________________________ _______

    Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

    DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

    Advice given is purely my opinion, and is not based on any legal training.
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  3. #3
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    Default Re: Bryan Carter & Co. RBOS Solicitors

    Quote Originally Posted by alanfromderby
    I would be inclined to stop payment, and write to Bryan Carter telling them that you dispute the judgement, and will be applying for a set-asideicon on the basis that the amount claimed was totally due to unlawful charges.

    If you know the amount of charges levied to your account the you should contact the court and ask for the paperwork for setting aside the judgement, on the basis that you have just discovered that the original judgement figure included unlawful amounts - and that you have a valid defence and will be issuing a counter claim.

    When you have the forms let us know and we will give you more information.

    Write to RBSicon telling them what you are intending to do - and demand that they reverse the charges, and pay all the costs you have incurred (including the bailiff fee, also tell them that you will be seeking removal of any default.

    Should they not agree to all this when the time comes, all this can be included in your counter-claim.

    Keep us posted.
    Alan

    Thank you unreservedly for your reply.

    I have just been out and bought a printer for the task.

    I WILL keep you informed. many thanks

    First Update is a form N2 44 is being sent to me to have the judgement set aside at a cost of 65

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  4. #4
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    Default Isiris Vs Royal Bank of Scptland

    Letter sent Recorded Delivery to Byan Carter, Solicitors informing them of contending charges. DPA being formatted as we speak.


  5. #5
    Lueeze
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    Default Re: Isiris Vs Royal Bank of Scptland

    Merged as about the same issue,

    Louise x


  6. #6
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    Default Re: Isiris Vs Royal Bank of Scotland

    Right this has now developed

    I, as discussed in the General Section, got the judgement set aside.

    I then issued a counterclaim against the Royal Bank of Scotlandicon.

    Today, I received a very nice offer from Bryan Carter offering to drop their claim against me if I did the same. Agh, arent they sweet.

    I am a tad confused. I have received their reply to my counterclaim and they have posted the following...

    1. The claimant denies that the defndant has suffered any loss or Injury as pleaded in the Defence and Counterclaim

    2. The claimant puts the defendant to strict proof of the mental stress claimed

    I have no idea what the hell they are on about with Mental Stress as i have never mentioned this.

    I have never mentioned any injury >>>????<<<<

    I will write to them and tell them no thanks on the offer but I genuinely think they have got their defence to me mixed up with some car crash or something.

    Any advice, greatfully received


  7. #7
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    Default Re: Isiris Vs Royal Bank of Scptland

    Any ideas folks


  8. #8
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    Default Re: Isiris Vs Royal Bank of Scptland

    They have now said that the reply to defence and counter claim was not meant for me but another case (ROFLMAO)

    They will be submitting another one on monday


  9. #9
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    Default Re: Isiris Vs Royal Bank of Scptland

    I have today accepted an offer from the solicitors (Bryan Carter)

    I wouldnt normally accept BUT considering this account I have had bailiffs round and had to have a judgement set aside, I have agreed to allow the banks to charge me Five Pounds per transaction charge. Still a good result.
    8 weeks ago i was paying 26 per month with a county courticon judgement, now Im getting a cheque for 600 from them (And they paid contractual interest but Im not sure he knew he was LOL)


  10. #10
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    Angry Re: Isiris Vs Royal Bank of Scptland

    Just had an interesting conversation with their solicitors. I was expecting my cheque by now so phoned them to enquire. They said that as of 24th Oct they were no longer repesenting their client and that RBoS.

    ER well you have already offered settlement which I have accepted. I sent the following fax to the court on Friday after my conversation:-

    Following on from a “without prejudiceicon” conversation with *** ******* Of the Claimants solicitor, we have been able to settle the matter out of court.

    Upon receipt by myself of the cheque from the claimants, I will notify the court that proceedings can be cancelled.

    I would ask that the trial date be kept available until notification of the receipt of the cheque by myself.



    SURELY they cant offer settlement, we both agree, then change their mind


  11. #11

    Default Re: Isiris Vs Royal Bank of Scptland

    Certainly the court would take a dim view of it, but I would never advise sending anything to the court in these circumstances until you have the payment cleared in your account.

    However, this does not help your situation.

    I would advise a letter to the court, with a copy to RBOS, stating that they have reneged on their agreement, and you wish that the action should continue as per the current timetable.

    Alan, Derby, UK.



    PLEASE HELP US TO KEEP THIS SITE RUNNING
    EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS





    _________________________ _______

    Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

    DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

    Advice given is purely my opinion, and is not based on any legal training.
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  12. #12
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    Default Re: Isiris Vs Royal Bank of Scptland

    Sorry I havent posted but I did received the cheque for 450

    Alll settled

    Well not quite

    Just received a threatening letter from Robson Way chasing the original debt

    MORONS



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