Yes I saw that, but it said in the instructions that directions should be agreed by both parties wherever possible. I've completed N150 and clipped draft orders on, I intend to send a copy to Cobblers tomorrow with a response to defence, which will be the first time they've seen either document. Am I correct in thinking that response to defence should be copied to the courts also? Thanks Michael, sorry for being a pain...but this is shark infested waters for me. I'm a simple grease monkey.

One more point, sorry. When you included the template draft direction for orders, did you agree it with Cobblers first?

Cillit, No empty boxes to stand on and no ground axes here, I'm as calm as! If a little vexed...no point in putting things up for discussion if the OP is just going to bash anyone who doesn't agree IMO. Anyway the whole discussion is getting somewhat circular with many pointy bits being missed entirely. As they say in the Den - I'M OUT! p.s. My capitals are for EMPHASIS not shouting..so much easier than reaching for bold or italics.

Reading between the lines, you've already sent them copies of the statements as well as the standard schedule? I haven't done that yet (they've had the schedule) as I thought that came later...helps to do it earlier? At what point do you respond to the defence? Did you send this to them with their copy of the AQ? That's the point I'm at and I've become a bit vague about the exact way forward.... As advised elsewhere I haven't mentioned the Limitations Act before the bank did. Am I right in my belief that this is now the point to flesh out the s32 argument, much as you have? Thanks for your time, Michael. Regards Phil

However, if the person was a lodger, you would be receiving rent, which you would be declaring, and that income would be stopped from your benefit. You have obviously told them he is your son and that is why they want his payslips. I've had lodgers, I know what I'm talking about. Actually that wasn't my point. I never mentioned calling the police because somebody hadn't given you payslips. I responded to your comment about a grandson screaming threateningly in your face. Verbal abuse and intimidation is a much more common form of bullying and you are protected against it. Who's shouting? And you're wrong again...I should give up on the assumptions if I was you. We are a low income familly, we receive tax credits and other benefits. I would apply for council tax relief but I refuse to let the council have 3 months of bank statements to prove my need. And as for not being constructive? Well somebody needs to be Devil's Advocate, and you placed your comments for 'Discussion'. If you don't like what you hear by way of reply, you can't just tell them to go away.... Since you are the claimant it is your responsibilty to obtain this information - you try to make your son's employer accountable for not producing copies of his payslips but it's not their responsibilty. They have supplied him with one, it is his responsibilty to retain these for a reasonable period. The fact that I am taking the time to respond here should be taken to indicate that I DO CARE about these sort of issues, but I think you're way off base with your concerns.

So your son isn't responsible for keeping his pay cheques when he gets them? Based on your excellent relationship with your familly, why would you think that? Maybe thats why Age unConcern weren't interested? Phone the police. Actually I think your being a touch paranoid, now you mention it. You'd better get used to the likes of Social Security demanding documents YOU don't feel they should have and arbitrarily removing YOUR money if they don't get them... Most benefits are income related, your son, as a resident in your property with an INCOME, is required to produce his payslips so they can assess how much of your money they can stop, because he is bringing money in. Dosn't matter a hoot if he isn't giving you any of it...

Looks great but no guarantees to work! Are you employed by Microsoft? Thanks Michael, knock em dead

Hi, Red. DON'T PANIC Read this thread http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/10582-mcuth-rbos.html because it has all the elements you need to respond to that defence, which seems to be fairly normal. Have a look at the defence I received also http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/28596-hydra-rbs.html. I haven't responded yet but will be using some of MCuth's work (after he grants his permission, naturally) to add to excellent work done by GlennUK and some of my own....

Ditto

Thanks T4FF, reading through. I've just noticed that MCuth has posted his PoC too, his case has similar leanings to mine. I'm still crapping meself though! Where does all the confidence go?? Happy Days

WOW! I'm humbled....excellent work. Do you mind if I plagiarise somewhat?

I don't agree at all. The OP accepted payment by PAYPAL, the responsibility should lie with them to ensure that the card is valid. They became the 'preferred' payment method in EBAY long before the merger...the trust element almost makes them 'fiduciary', yet they regularly penalise those who repose that trust. I don't know about retailers having transactions reversed, never happened that way for me, might be a new thing. I recall there was a lot of stink about the fact that retailers weren't diligent enough at spotting stolen cards because they didn't give a toss - they got paid regardless. PAYPAL could get around a lot of this type of fraud by simply NOT allowing delivery to any address other than the one registered to the card. No valid address, no sale.

Personally I would tell your son the problems his presence could be causing you, tell him to pull his finger out and get his payslips or find somewhere else to live...job done.

I need to get on with this but, wouldn't you know it, after months of doing very little the work goes mad... Trouble is I don't know what to do next...I've received AQ which has to be in by 22nd, no problem there, I'm working from the template. But what should I be doing about the defence? They haven't given any timescales, but I'm worried about what I should be doing about this... I've done lots more reading round but I can't find a thread to help, if anyone has any input or links I would be very grateful.

Congrats mate. Well chuffed for you. Enjoy!

I'd be very interested in having a look at your arguments on this...could you e-mither then to me pls Glenn?

Dagrat, I personally would accept. Use it to pay off the overdraft, it will be a big weight gone off your commitments.

bump

Have a read around, not sure how you'd search it out, but I believe CAGGER RobertXC (or similar, has che guevara as his avatar) is particularly experienced with Scottish matters.

I think, personally, if my unauthorised overdraft interest was over the £1k level I might consider claiming. But are you sure thats right? £1.3k in unauthorised overdraft interest? Sounds a lot unless you already have a high authorised limit and still exceeded that often... If it's £1.3k TOTAL overdraft interest you might find the unauthorised element isn't as high as you think - and as my esteemed colleague T4FF points out - the template spreadsheets can help with this.

They get 28 calendar days from service to submit defence, if they don't you can go for default judgement. They usually leave it to the last minute though - in my case defence was due on Friday but I didn't get it until Saturday. Even if you get judgement it is likely that they will apply for a set-aside. I believe you get an input into the decision on set-aside so it might be worth pointing out (I read this in a thread here somewhere) that the banks tend to use this tactic as a delay and inevitably settle out of court in any case. Some Judges are refusing set-asides because of this delaying tactic.

If you have an address in England or Wales for correspondance I think you can work around foreign (Scotland etc ) addresses...not sure about France however. I believe BookWorm is of French extraction so there might be some advice forthcoming there...try a PM

And this is a MINEFIELD, I didn't even consider it...too complicated for my uncomplicated northern brain

It's technically only for England and Wales...however I have seen threads where claimants have a friend/relative who's address in England they can use for the correspondance....

As T4FF says, you either claim the stat 8% which is awarded by the Judge at his discretion (but it seems they always do) AFTER judgement, which means if the bank settles before that (it seems THEY always do too) THEN YOU WON'T GET ANY INTEREST. If you claim contractual, this gets added to the claim BEFORE you go to court and is more likely to get the bank defending...certainly attempting strikeout, so it will then come down to the strength of your argument.....