Hi Back in 2008 you successfully assisted me with an issue I had with RBOS. They issued a Default Notice in 2005 and the argument against this was that I was not in arrears at the time. Also, when they contunued to try and take this to court they failed to find copies of the credit agreement that the Default was based against. In a nutshell, they pulled out and issued a Notice of Discontinuance and the matter was closed. The issue I have though is that Default is not showing on Experian but it is still on Equifax and obviously this is effecting my ability to gain credit. If I remember, I think they themselves removed it from Experian but not Equifax but my memory is a little hazy. Now do I approach RBOS along the same lines, i.e. they issued a Default aginast an agreement that could not be proved therefore it should be removed automatically or do you have any other strategies that I could use? I do really need a remortgage so I have to presevere and get this removed so any advice would be very much appreicted. Thank you Julia

Hi again Paul - hope you're still on here!! RBOS have reared their ugly head again! The original default notice is still showing from November 2007 on my credit file but only on Equifax not Experian. I took out a new mortgage with Birmingham Midshires last July and it all went through fine as they clearly only used Experian to credit check. However, I went for a further advance this week and I was declined. Processing said it was because of this Default to RBOS even though it still doesn't show on my Experican record. They could also not answer why it didn't get picked up last year when the original mortgage went through. Trying to speak to someone at RBS is like herding cats...any idea how I should word a letter to them asking for this Default to be removed please? Or is it a Notice of Correction I want? Cheers in advance Jools

Dear all, I just wanted to let you know that this claim has now been discontinued!!!!!! Thanks to the sheer doggedness of Moderator PT2537, RBOS have realised they don't have a leg to stand on and have bowed out. Even after they admitted that they had no copy of the Credit Agreement they were still keen to push on but today they came to their senses and I received a Notice of Discontinuance. It hasn't quite sunk in yet but my gratitude to the moderators and this site is immeasurable. My next step is to get this fictitous Default Notice removed from my credit file as having a clean file is just as valuable in my eyes. Good luck to everyone else trying to beat the bad guys, it can be done especially with this team behind you! Jools63:D

Hiya Paul, I've just read it again from start to finish and I have to say I would be terrified if that came through my door! The day I came across this site was one the best things I have ever done, I don't think I can express my thanks strongly enough. Well it's in the post now together with a letter saying I can't attend on the 1st July. I await the next stage with bated breath! You are a true gem!! Jools

Thanks for everything Paul - if you could PM me your full name then I can send it off today. I would love to see the look on Katy MacSporran "Legal Assistant" 's face when she sees this!! What would be a satisfactory outcome would you say?

Paul you never fail to take the stress away....fantastic I also was thinking last night if it does come to court I am more than happy to pay your expenses and a hefty fee to come down to Brighton to assist at the Hearing if it gets that far. I hope you can consider this. BTW should I send the covering letter with the defence asking for the Hearing to be postponed because of my personal circumstances? With much gratitude as ever Jools

Blimey Paul you don't do things by halves!

Ok Paul - will do. Shall I just say I will be unable to attend because of these circumstances and leave it to them to come up with a solution or shall I wait and send it in with in with the defence? Cheers Jools

Hi again Paul, Their counterclaim is uploaded here: http://i231.photobucket.com/albums/ee304/jools63/img001.jpg Cheers Jools

Hi Paul, I didn't realise you were ill - I hope you are feeling a lot better. I have had some responses but have a very tight deadline, this Friday (16th) to respond to the Court. Help!!!!! RBOS sols did respond to the order of the 25th Feb to file full POC by the 28th March but I only received that this weekend as I moved out of the property they keep writing to over a year ago. It was only because the tenants moved out that I went over there to check on the place and found a file from them. Surely that's good enough reason to buy me more time? I have told Shoosmiths at least 4 times now that I have moved but to no avail. I still disagree with everything they say but that's by the by. It means the judge has now ordered to me to serve a defence by the 16th May which is going to be tricky. I have scanned their counterclaim and uploaded it with my comments most of which you're aware of anyway. From reading that it looks like I haven't made any payments when in fact I made a payment every month from Feb 2006 until Jan 2008 after they issued the original default. Even up til then I had only missed two payments since the loan was taken out back in Feb 2005. I still maintain that I wasn't in arrears when they served me with this last November. They seem to be stuck in 2006 and haven't acknowledged any payment history since then which I say forms the basis of my claim. Plus if they hadn't withdrawn my overdraft overnight without telling me, no letter or phone call at all, then I could of had time to get my house in order and avoid this anyway. Also, is it relevant that in Section 4 they admit they can't find a copy of the loan agreement? I have also received a Court date of the 1st July which is two weeks away from me having a caesarean for twins. I know I will not physically be able to attend that for a start beacuse I have to see my consultant on a weekly basis and he only does Tuesday appointments anyway. Plus I'm sure he will agree I should be avoiding as much stress as possible. I could of course settle this now and pay in full but as they have ruined my credit file now by putting on a mythical default notice last November (which I still have not seen) I think there might be mileage in asking for a short settlement, what do you think? There's a lot of info here I hope you get a chance to look at all of the issues Paul as I'm not sure which bit I should be concentrating on first. Many thanks as ever - Jools

Hi Paul - No nothing else at all unfortunately. In light of them not responding in time in the past it would have been good if there was some reference to what would happen if they didn't do this by the 28th but no.... The ironic thing is that I have received an inheritance so I could settle if need be. The only way I will do that though is if they repair my credit file. I have a default on there which is inaccurate becuase they never served me with one plus they had no grounds to do so anyway. Getting something put on my file to rectify this is more important than anything. Cheers Jools

Morning Paul, I have recived the N24 from the Judge. "It is ordered that the The Claimant do by 28th March file and serve Particulars of Claim fully complying with CPR 16.4. If you object to this order you must make an appication to have it set aside, varied or stayed within 7 days of receiving it" What do you think? Jools

Hi Paul, Unfortunately I didn't find out until it was too late after RBOS deigned to send me a copy of their N150. So can the judge issue judgement against me then without me having the chance to defend my case? Cheers - Jools

Hi Paul, I received a copy of RBOS's N150 that they sent in and they have requested a stay "in order to allow the parties time to attempt to narrow the issues" I thought that was quite telling - They also put their estimated overall costs in as £10,000!!!!! They missed the court deadline though of the 11th - their N150 is dated the 15th so whether they sent it then or the court received it then it was still past the 11th. What do think is going happen next then? Cheers - Jools

Thanks very much Paul - I got it in the post on time. Do I need to respond to RBOS sols letter with regard to their settlement offer? Thanks Jools

Thanks Paul - I missed one more. Applications, have I made any applications in this claim and if yes what for? Shall I also say that the whole claim amount is in dispute? Ta

PS - Also Section C pre-action protocols, is is Part 1 or Part to complete and if so what with? Thanks

Hi Paul - Thanks These are the q's that need answering... Witnesses? Experts? Track? How long do I estimate the final hearing will take? Cheers - Jools

Hi Paul, Sorry to hassle you but I have to get this N150 in the post today....Any thoughts also on the letter from RBOS sols? Many thanks Jools

Morning Paul, Had a letter from RBOS sols offering me a "settlement". What a joke....I've put the letter on Photobucket for you to read at http://i231.photobucket.com/albums/ee304/jools63/img003.jpg They want me to sign a Tomlin Order asap but as far as I can see all they've done is take their costs off, which if they hadn't been so quick to take me to court these would never have been incurred in the first place! What would you suggest I do in response? Thanks a mill.... Jools

Thanks Paul - we have until the 6th Feb. I'll print out the directions and Section H. What you have said makes sense, no one can make a judgement in this case until all docs have been produced. My main issue is that I say I haven't missed a payment in 18 months but they still choose to go down this route without proving that I haven't. Cheers Jools

Hi Paul, Nothing back from RBOS sols as yet but in the meantime I've had an N150 that needs to get sent back to the Court. Any advice please? Thanks Jools

It does indeed thanks. I have a feeling they will completely ignore my request though as they have done up to now. Thanks for taking the strain, I feel a lot better now. Jools

Thanks Paul - sorry this is all taking up so much of your time. Jools

Hi Paul, Just thought I'd flag up that next Wed is my deadline to respond to RBOS sols before they apply for judgement. I know you're frantically busy but if you could give me an idea how to repsond, then I make sure it gets there in time. Many thanks in advance Jools