Any more developments M1 ?

Well done must have been pretty nerve-wrecking.As he has said their pleas are rubbish why didn't he repell them? Has hes set a proof? I think your the only one on cag who has been to debate so congratulations on getting through it.

Looks great to me.Good luck

Definetely, just waiting on letter or writ from sols

Done abit of digging around they cannot issue another DN.It falls under the Data Protection Act ,a report from Carol Hufton from CAB , published in 99 by the Data Protection Registrar states " the re-recording of a default notice is not acceptable and is a breach of the 1st data protection principle".I decided to phone RBS today they refused to discuss anything and refered me to their solicitors,a bit strange since they gave me 7 days to respond to them on the 10th and this is only the 16th.So it looks like another court case for me!

Thanks SFU i think i will have to try and find out why they are only coming after me,when both accounts are joint.Is this some loophole regarding the first DN where it was against me and my wife and now they are just trying to get judgement against me, so they think they can issue a new DN and disregard the first one.

Hi all received a termination letter today for both accounts, it is dated 10th June. The default notice was up on that same day have they terminated a day early?

By taking you to court and demanding re-payment in full surely that is classed as termination?

Hi all i asked Banker-Rhymes too have a look and he has confirmed that they can't issue another DN regarding the loan since they have clearly terminated and also they can't issue a DN for the overdraft using the sections they have quoted

subbing

Just printed it off.Also they have only sent me a default and not a joint one(maybe if they give up again it gives them another chance at the wife!)either that or hers will come tomorrow.I'm pretty sure i read it somewhere that an invalid DN cannot be rectified by sending another,and since they can,t find the first one then i can never check it to see if it was valid

Just checked my credit report RBS have defaulted me on 31/10/08 regarding the loan and the overdraft is showing nothing adverse on the report with a zero opening and closing balance:confused:

Yes his fee is added to the total bill

the expenses are set out in legislation so what you claim is sort of set by it,, you get x amount for doing adjustments and a set amount for going to an options hearing, so every time you respond or participate in your case there will be a charge for it,but as i was told it is a specialised field and you will hopefully be going to a professional to do it for you in your case

"Defence as adjusted" that is what i used

Thanks again for the info, my claim for expenses has been emailed today, i was advised by the sheriff to instruct a legal accountant to do this as it is quite specialised , the sheriff clerk gave me the number of a company so they are now dealing with it. As a party litigant we are entitled to two thirds of what a sol would get so it was a nice surprise to be told what to expect(about 2k he reckons) I'm sure that will please the bank:D:D:D Also there will be a donation coming cags way and once again many thanks to all who helped. To the people starting out their fight keep the faith and it can be done!!!

Just back from court mixed news really their sol approached me at the door and asked if we would agree to them discontinuing with no expenses on either side ,i told her i would want something in writing to say they wouldn't raise the case again she then spoke to the bank and they refused to rule it out into court we went and she abandoned proceedings. I told the sheriff i didn't agree with it but was told it was within their rights to abandon. They must pay my expenses within 28 days or he will grant absolvitor .It is a victory but at the same time it feels very hollow i'm sure they will just start the whole thing again. But at least its a victory for the good guys! Many thanks to all of you who have helped me i could never have got this far without you and a special thanks to Monty and particularly to SFU the amount of work you done for me i can never thank you enough.

Yes debate tomorrow(maybe) i have the hearing on their motion first.With their lack of authorities i can see only three options 1. they are supremely confident of winning their motion and ge tting the debate discharged 2.They are not going to rely on any authorities. 3.They will throw in the towel if they cant get the debate discharged

Haven't received a list of authorities from the pursuers any thoughts on this ?

Another development received a call from sol today they want to deal their client will settle for £3k , told them no chance my token offer of a tenner didn't go down too well. So told them i'll seem them in court

Lodged my opposition to the motion today and served it to sols also.Asked sol what their amendment was, it is details of a default notice when it was sent to me allegedly but interestingly it seems they don't actually have it just the details about it (you couldn't make this up) so it will be interesting to see what the sheriff makes of it.Also asked about my offer they said their client was still considering it(priceless)Now i'm looking forward to Monday:D

Went down to court today and got form G9, i spoke to the clerk and he thinks they will be allowed to get the debate discharged but i have decided to oppose anyway. The hearing will be done before the debate so i have to go prepared for the debate just in case. Regarding the debate itself i don't need to give the court or the pursuers the actual statutes or cases they only need a list of them and the bar officer will get them for the judge .I will phone the sols tomorrow and ask what their amendment is, no harm in asking they can only tell me to get lost!

Thanks for advice SFU, a new development i received form G6 from sols they want to 1. Discharge diet of debate 2.To allow pursuers 14 days to lodge minute of ammendment 3.To allow defenders 14 days to answer 4.To allow 14 days adjustment 5.To assign a rule 18.3 hearing So do i oppose or would i be wasting my time, i could argue they have had nearly 3 months to lodge an ammendment.Your thoughts are most welcome.Also obviously their sol doesn't have the decency to call me back regarding their idea of a deal.

So do you think the statutes and cases are fine or do i need more?