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mackie68

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About mackie68

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  1. hi, can someone help, my electricity bills, with Scottishpower, have increased from £31 pounds per month 1 year ago (they were only charging me for 1 meter instead of 2) to £37 then to £61(when they discovered the error)( they tried to get me to pay the £1400 that they reckoned they had undercharged, i challenged them and they backed off) and then to £118 in novemeber and now this month £250. i have looked at Uswitch but they dont seem to have the plan i am on, i had Brittish gas round , but even in their literature they are even more expensive. i am on premier plus tarrif with 2 meters.4.295p/kwh and 9.081p/kwh respectively any help would be great. Mackie68
  2. all, i have just came back from my proof reading, rbs settled after my opening argument. my claim was for charges more than 5 years ago and my case was that the law in scotland allowed me, where there had been a breach of contract to claim further than the 5 year limitation. i would advise anyone to try for more than the 5 years as my case shows that they will settle eventually.
  3. RBS BOTTLE IT!! After stating my case before court, rbs agree to settle before submittion of evidence ( of which i had very little) my opening argument seemed to be enough to rattle their feathers Obviously not prepared to argue that 20 year limit doesn't apply. i advise everyone to go for it, nothing to lose and lots to reclaim!!!!!!
  4. RBS BOTTLE IT!! After stating my case before court, rbs agree to settle before submittion of evidence ( of which i had very little) my opening argument seemed to be enough to rattle their feathers Obviously not prepared to argue that 20 year limit doesn't apply. i advise everyone to go for it, nothing to lose and lots to reclaim!!!!!!
  5. hi all, i am at court on thursday for proof hearing, RBS have posted defence that half my claim is time barred, i will endeavour to prove otherwise using the argument (in short) that since charges are unlawful, they are a breach of contract. and therefore i have 20 years from date of last breach to claim and also can go back last 20 years since date of "enlightenment" to their breach. i have researched some documentary evidence to support my position, but any more would be more than helpful, such as prior cases where such an argument was proven etc, otherwise its on a wing and a prayer and i hope they dont turn up.
  6. hi all, i am at court on thursday for proof hearing, RBS have posted defence that half my claim is time barred, i will endeavour to prove otherwise using the argument (in short) that since charges are unlawful, they are a breach of contract. and therefore i have 20 years from date of last breach to claim and also can go back last 20 years since date of "enlightenment" to their breach. i have researched some documentary evidence to support my position, but any more would be more than helpful, such as prior cases where such an argument was proven etc, otherwise its on a wing and a prayer and i hope they dont turn up.
  7. martin3030, sorry forgot to add this is first claim, no they have not made any refund into my account, and i am trying to counter their argument about limitations due to no prior knowledge of unlawful penalty charges, and how to i get defence thrown out at this point, we have already been to court and not due now till proof hearing on 21st of dec
  8. martin3030, do you know what is meant by "extrajudicially"
  9. ive just recieved the RBS defence which they have lodged. it is as follows Admitted that the Pursuer(me) held bank accounts with the Defenders since on or before January 2000 with account numbers *******,******* and *******. Admitted that the Defenders deducted from these account amounts of money in respect of "charges as notified" (levied if a cheque or direct debit payment was returned unpaid because specified overdraft limit has been exceeded). Quoad ultra denied except in so far as coinciding herewith. Explained and averred that the charges levied against Pursuer were applied in accordance with the terms and conditions of the banking contract between the parties and represent a genuine estimate of the loss suffered by the Defenders as a result of the Pursuers failure to adhere to the terms of the contract by repeatedly failing to ensure that sufficient funds were in his account to meet withdrawals. Esto, these charges are legally unenforceable (which is denied) the Pursuer's right to claim reimbursement of charges applied between 17 May 2000 and 20 July 2000 has prescribed. The Defenders have extrajudicially, and without admission of liability, made payment to the Pursuer in respect of his claim for charges applied to his account since 20 July 2000, together with payment of the Pursuer's fee for lodging the small claims Summons in the present action. am i right in thinking that they 1) deny their charges are unlawful as they are an estimate of their loss 2) say that part of my claim is time barred 3) say they have already paid me a sum of money (which they have not )
  10. ive just recieved the RBS defence which they have lodged. it is as follows Admitted that the Pursuer(me) held bank accounts with the Defenders since on or before January 2000 with account numbers *******,******* and *******. Admitted that the Defenders deducted from these account amounts of money in respect of "charges as notified" (levied if a cheque or direct debit payment was returned unpaid because specified overdraft limit has been exceeded). Quoad ultra denied except in so far as coinciding herewith. Explained and averred that the charges levied against Pursuer were applied in accordance with the terms and conditions of the banking contract between the parties and represent a genuine estimate of the loss suffered by the Defenders as a result of the Pursuers failure to adhere to the terms of the contract by repeatedly failing to ensure that sufficient funds were in his account to meet withdrawals. Esto, these charges are legally unenforceable (which is denied) the Pursuer's right to claim reimbursement of charges applied between 17 May 2000 and 20 July 2000 has prescribed. The Defenders have extrajudicially, and without admission of liability, made payment to the Pursuer in respect of his claim for charges applied to his account since 20 July 2000, together with payment of the Pursuer's fee for lodging the small claims Summons in the present action. am i right in thinking that they 1) deny their charges are unlawful as they are an estimate of their loss 2) say that part of my claim is time barred 3) say they have already paid me a sum of money (which they have not )
  11. i have been givin a date of 21st december for Proof Hearing at Sheriff Court, RBS defence is that part of my claim is TIME BARRED in terms of Prescriptions and Limitations(Scotland) Act 1973 as the charges levied were over 5 years old, i am trying to put together defence that since i only found out that their charges were penalty charges this year and that penalty charges are a breach of contract therefore the 5 year limitation holds no weight and that i have up to 20 years from date of offence to raise a claim. Any help in preparing for proof hearing would be appriciated. also should i enter into written dialogue with RBS to try to prevent need to appear at proof hearing or should i just wait for it ?
  12. hi all, i am in same position with BARCLAYCARD, went to court last thursday after the entered defence, but they didnt turn up, Sheriff issued decree, now just waiting for it to arrive, due next thursday. also had another case up last week with RBS, they offered partial refund( not even 50%) of claim, their defence is that part of my claim is TIME BARRED under the Prescription And Limitations(Scotland) Act due it the charges being older than 5 years. We now go to PROOF HEARING on 21st of December so i am now trying to research evidence, i need to find out where i can get copy of above act i also need to find any precedents with regards "when i became knowledgable about their charges", i read somewhere that since i didn't know their charges were unlawful then the above act doesnt carry weight, but i cant remember were i read it, can anyone help. thanks in advance
  13. hi, today is the return day for 2 claims i am making, first against RBS for around £740, they have not responded. second against Barclaycard for around £450, they have entered a defense. my questions are 1) do i just fill in form 11 and sent to court ? with regards RBS and can i claim 8% interst from date of claim filed ? 2) how to i proceed with claim against Barclaycard. what evidence do i need to take, due in court next thursday, do i need evidence at this time ? thanks in advance mackie68
  14. hi, im due to contact court tomorrow on 2 seperate claims, as the return date is then, what happens now ?
  15. hi, sorry to jump in your thread, but i have need some clarification , if after 6 years, of default date, would an unsatisfied account drop out of the CRA's file ?
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