Hi Guys I've not had any response from anyone but I have downloaded a pack with lots of useful stuff in it. Still not sure what to put in the statement of facts so if anyone does read this and has been through a similar stage then please let me know

Hi Guys Sorry for no reply for ages but had internet problems ..... So i sent off the papers and have had a reply from the court ... I have to make a factual statement in support of my case .. now i have no idea of what to write so does any one have any idea's ?

please any takers as i dont want to mess up this late in the game ???

hi guys i am sending my response to the court today and really need to someone to let me know what "send a statement of evidence of the party of which is intended should be adduced at the final hearing" means as i have no idea my papers need to in by 16.00 on 17/11/06 so im sending hem next day today so they are there in time really need some help here just to make sure any Mods out there ?

OK guys a new development on the court front so need some help here recived a letter from the court advising that i have been allocated to the small claims court which i think is good. also received what i think is the normal request which is as follows 1. Each Party must send a copt to everyone involved of all documents i am going to rely on in court - this is all letters etc sent back and forth 2. send a statement of evidence of the party of which is intended should be adduced at the fianl hearing - Have no idea what this is ? any one help with this 3. it asks for any written contract - is this what i signed with the bank when i first joined ? Apart from all the the letters etc that have been sent between us what do i need to send ??

the cheque i sent in with my allocation questionaire has been cashed ... does that mean i should be expecting a date soon or does that mean the court is happily sat on my 100.00 ?

just subscribing

just wanting to watch how this plays out as im in a similar boat

Hi just read this thread and i swear the clouds above me parted and what can only be described as a glimmer of hope shone through can you tell me how long it took from when you returned the allocation questionaire to getting to court as im at that stage now and am just wondering how long the courts take ?

i have now filed my allocation questionaire, sent my cheque for £100.00 and received a copy of the questionaire that cobbetts have filed. does anyone know how long a court date takes to be allocated ? am i looking at 1 month 2 months etc ? thanks

oh my god what a knightmare these people cause !!! heres the letter to cobbetts im sending : I refer to your request for further information. It is my understanding that part 27.2(1)(f) applies subject to paragraph 3 of part 27.2, which states that the Court of its own initiative may order a party to provide further information if it considers it appropriate to do so. I have every intention of supplying all the information that the Court needs, if and when the Court requires it. I see no evidence in your request for further information that this was indeed initiated by the Court but if it is the case that you have been asked by the Court to collate this information from me, then could you please supply me with correspondence stating this. I believe that I have already supplied you and the defendant with sufficient particulars of my claim and at every stage of my claim I have always tried to provide you and the defendant with all the information which is necessary. In light of this I would be more than happy to again supply the details which I have previously sent to the defendant and I would suggest you approach your clients for a full and proper breakdown of my charges if you feel the information I supply is insufficient. The Court is bound by an overriding objective to deal with cases justly and ensure that parties are on an equal footing. If the court decides that I need to provide yourselves and the defendant with more information to ensure that the case is dealt with justly and that both parties are on an equal footing then I will satisfy your request. I will be including this when i send back the allocation questionaire ... is this a good idea ? letter included with allocation questionairre : Dear Sir/Madame Please find enclosed my court Allocation Questionnaire. For your consideration I have also attached the original breakdown of charges that I have sent to the defendant and their legal representatives. This Breakdown shows each individual charge, the date and the reason given for this charge. If the court requires any further information with regards to the particulars of this claim then please do not hesitate to contact me With the defence filed by Cobbetts on behalf of the defendant is a request for further information, I have re sent a copy of the charges along with the a letter that I have also included. opinions comments queries ???

That is great - when i send my letter to the court do i send it to the moneyclaim court ?

have just received the defence form cobbetts in the post which means the court will have as well which means i am now waiting for an allocation questionaire cobbetts are requesting information form me and demanding it be sent to them ny 09oct do i have to comply with them or do i wait for the court to contact me first ?

Fingers , toes , hair and everything else crossed

well it finally happened .... have requested a judgement by default this morning so now im just waiting for them to come back and say sorry your judgement has been declined because cobbetts have entered a defence at the lat moment as is there MO it seems any one else had that problem ? did it let you even file for your judgement at all and then reject it please let me know as im on the edge of my seat waiting

stick to the original 14 day timescale from your prelim letter

i would send a letter of rejection and stick to the timescales you have sent out before sending the LBA your other choice is to accept the money as an interim payment but you would need to make this extremely clear

Hi guys does anyone know exactly how long i have to wait to file for judgement as i filled in the claim details on the moneyclaim website on 21 aug and this was acknowledged by RBS on 25 ........ today is 28 days from that date but it wont let me file for judgement do i have to wait for midnight ?

fair enough

anyone got any comments about the above ?

Ok So I Have looked through the Forums and the FAQ's and I've Come up with this response : Dear Mr McLean I thank you for your letter of 25th Aug Ref: 282523 I was happy to receive your letter offering me a “goodwill gesture” of £1,458. I am writing to clarify my position. I am happy to accept your offer as an interim payment of the total monies owed to me but there are several terms I wish to inform you of before any payment is made. The total amount I have issued a claim for is £2,811.88 this is inclusive of charges, the resultant overdraft interest, 8% interest allowed under section 69 of the county courts act 1984 and court fees incurred Any monies paid to me short of this total amount will be considered an interim payment and my claim will continue until the full amount has been refunded. I am happy to continue to operate my account with yourselves under your current terms and conditions however I will still seek to reclaim any further charges that are levied upon my account which are unfair and illegal penalty charges. The fact that you are offering me money back does not change the fact that these charges are a penalty charge and not a fair and true reflection of your incurred costs an therefore not enforceable under consumer law. In my opinion your offer only helps to solidify my position. As you are no doubt aware I have issued a claim against Royal bank Of Scotland and will be more than happy to drop this claim if you agree to settle for the full amount. I have already issued a claim via the monyclaim website so i think this is the right thing to do. Any one got any suggestions for amendments or anyone see any problems in their? Any Mod's out their your opinions would be great

Hi guys Just posting an interesting development in my quest. I received on 30th the standard letter from cobetts acknowledging the claim and adv tha the charges were legal and fair (£38.00 for not paying a bill and maybe sending a letter ...... bargain). Then i received my post yesterdqay and in it was a letter from Tommy McLean which is below : Thanks you for your letter of 8th Aug. I am sorryto hear you remain disatisfied. There is nothing i can add constructively to past correspondence but i would like to resolve matters with you. Against that background and as a gesture of goodwill without admission oe error or liabilty, I am offering the sum of £1,458 in full and final settlement of your complaint. However our terms and conditions will continue to apply and any charges that accrue in the fuure must stand. I hope you will consider this to be a fair and reasonable settlement and on receipt of your signed acceptence, i will make immediate arrangements for payment. So what do i do now? from what i have read in other posts i should accept this offer as an interim payment but under the condidtions that i will still be pursuing the remaining amount and also tat i do not agree to "our terms and charges must apply" rubbish any one got any comments ideas ?

i have a question that may be those more in the know than me can answer ( hopefully) ....... if i am currently pursuing the bank for a refund of charges that i am claiming are unlawful and unjust can they apply further charges to my account within the period where previous ones are in dispute for there very nature not the reason for their application ? any one ?

I have just filed a claim via MoneyClaim and RBS have acknowledged it so im about to embark down the path of legal ping pong so i am extremly interested in seeing how your claim pans out john Go get em

RBS have acknowledged my claim on 25/08/06 just to double check the rules of engagement as i dont want to drop the ball this late in the game is 14 days from that date they have to enter thier defence ? or 28 day from the original serve date they have ?