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lisaandy

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  1. 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 ?
  2. 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 ?
  3. 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.
  4. 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
  5. 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
  6. 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.
  7. 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
  8. 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
  9. 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.
  10. 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.
  11. I have already issued 2 Lba letters the 1st in the 9th march by rec delivery that letter was never signed for but we are dealing with a Po box address.I then sent a dup Lba on the 27th march by special delivery although this was also not signed for royal mail confirmed if was put in thier Po box the next day with a slip req signature but if they dont bother signing slip not much they can do, only confirm it was put in their Po box. Now i have recd the dup offer and already started online court action is it to late to issue another Lba ,if not what date do i give them to reply as they have never replied before and they have until the 29th to acknow court action do i add on my court costs in my letter .Im getting worried as i dont want to and mess up my claim and was confused getting a dup offer when i thought they would be aware of my court action.Yet again all advice very appreciated.
  12. i`m claiming charges of £2600, from RBS. after prem letter, i was offered £1725. i issued LBA not accepting their offer and have had no response. so i have issued online court action for the full amount and they have until 29/04/07 to acknowledge. today i have received a duplicate letter of the previous offer of £1725. do i need to respond to this letter?, is this offer classed as acknowledgement to my court action, giving the RBS another 14 days to defend, or do i just ignore duplicate and wait until the 29th for any further response if not then file for judgement?????..........any advice would be greatly appreciated..
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