Hi all,

A cheque came through from Cobbetts today after months of hard work and intimidating letters. Obviously I am absolutely delighted but they are still nopt making it easy. They have written my name on the cheque and then in brackets they have put 'into account xxxxxxxx', which is my old RBS account number. I do not hold an account with them any more as it has been referred to an agency. I therefore want to pay the cheque into my current account at Barclays so not sure whether I should:-

a) Just pay the cheque in to barclays and hope for the best

b) Cross the additional detail out on the cheque

c) COntact Cobbetts and request a new cheque

Any advice gratefuly received

And good luck to all claimants!!

many thanks

Thankd for the responses...

I do not have the original particulars at hand, but I got them from a previous application on here. I believe that RBS are just trying to intimidate me and confuse matters. However, I really need to answer the questions that I originally posted i.e points a, b or c so that I can inform the court and RBS before the deadline on Friday.

Many thanks!!!!

Hi there,

I would really appreciate it if you could help me.

The district judge has ordered that I respond to the request of the defense which was worded as follows:-

'in your claim, you state that the charges are "unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulation 1999, the Unfair Contract Terms Act 1977 and the common law".

Please specify all of the facts relied on by the Claimant in support of the contentions above, and in particular please identify

(a) the section(s) of the Unfair Contract Terms Act 1977("UCTA 1977)

(b) the regulations of the Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations")

© the principles of common law relied upon by the Claimant in alleging that teh contractual provision(s) referred to are unenforceable. Please also identify the contractual provision(s) that the Claimant alleges are unenforceable by reference to UCTA/the regulations'

Please could you help with the respone as I don't know where to go from here. I think this is the very last stage before a court date is decided by the judge so I really want to get this right!

Finally, I thought I made amendments to the particulars of the claim when the last information request was communicated to me (asking for more detail on the charges). I filled in a N244 form and attached a new schedule of charges, but the judge has ordered that:-

"the claimant has permission to file amended particulars of claim as a response to his application dated 18th December 2006" - this was the date that I filled in the N244 stating that I wanted the particulars to be changed, so I thought I had already done what was needed??

Any help will be gratefully received

Many thanks

Rgds

please subsiture an 8 for the smiley face

A quick question,

I have inadvertently included non-claimable monthly royalty charges in my schedule of charges because the monthly charge (£6) was charged along with the monthly service charge (approx £28) in one lot on the statements e.g charge of £34.

I have filed my claim online and have received the court questionnaire. Would it be ok to include the amended schedule excluding the Royalties charges and the new (lower) claim total with the questionnaire? And then should I notify the solicitors of the new claim total and the amended schedule?

That makes things much easier!

Many thanks

Kind regards

Paul

Hi,

I am in need of some more urgent help please!

Cobbetts have filed a defense on behalf of RBS, which incoporates CPR Part 18 requests for further information. I can deal with the majority of these requests with the exception of the following:-

"In the claim, you state that the charges are 'unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, the Unfair Contract Terms Act 1977 and the common law'."

"Please specifiy all of the facts relied on by the Claimant in support of the contentions above, and in particular please identify (a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977"); (b) the regualtions of the Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations");and © the principles in common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable. Please also identify the contractual provision(s) that the Claimant alleges are unenforceable by reference to UCTA/the Regulations"

I understand that they are trying to complicate things are intimidate, but I am not sure how to repsond to this particular request. Please can somone help.

Kind Regards

Paul

Maria,

I have indeed included the referrral charges. The difficulty that I had was that I included all of the charges to the account, which incorporated agreed royalty fees (non claimable), but as they are not separately identified, I am not sure what the original charges are?

Hi Maria,

I contacted the branch just to let you know.

Not sure which is the better way though to be honest

rgds

Many thanks for the quick response.

I have left a message witht the court to contact me regarding the chnage of details. Do I also need to contact Cobbetts, the solicitors, or will the courts do that on my behalf?

Thanks again

Hi there,

This is my first post on the forum so please bear with me.

I am in the process of litigation with RBS. I have received a CPR Part 18 request from Cobbetts to provide further details of the charges. I have now realised that the charges that I have detailed include agreed charges (royalties acccount fee at £5 per month) which I need to exclude from the claim. Can I change the particulars of the claim and how do I do this please?

I need to do this urgently as Cobbetts have stipulated a deadline for response of 13th December (ie I need to post this tomorrow latest) and I have received a questionnaie from teh cour which UI need to complete and retun by the 18th of December.

Many thanks!

Rgds

Paul