How to defend a claim (Loan RBOS)**WON** Notice of Discontinuance

[jools63]

Dear all,

 

I just wanted to let you know that this claim has now been discontinued!!!!!!

 

Thanks to the sheer doggedness of Moderator PT2537, RBOS have realised they don't have a leg to stand on and have bowed out.

Even after they admitted that they had no copy of the Credit Agreement they were still keen to push on but today they came to their senses and I received a Notice of Discontinuance.

 

It hasn't quite sunk in yet but my gratitude to the moderators and this site is immeasurable.

My next step is to get this fictitous Default Notice removed from my credit file as having a clean file is just as valuable in my eyes.

 

Good luck to everyone else trying to beat the bad guys, it can be done especially with this team behind you!

 

Jools63:D

[pt2537]

Great News, Ive changed the thread title to won now, just a few loose ends to tie up and then its finally put to bed and you can move on with your life eh jools

 

[citizenB]

Excellent news.

[livelylad]

Well done Paul.

[cashins]

Congratulations, another one bites the dust.

 

By heck, that pt is a bit of a handfull when he gets his teeth into something!

 

David

[pt2537]

Thanks David

 

Isn't it good though to give these financial institutions a real big kick:)

 

still there's still the costs issue that they have to deal with as they were foolish enough to press the self destruct button afterall

[alamand]

Hi guys

 

Sorry to butt in (Well done Paul)

 

Could someone please look at my thread for me

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/146601-mtb-halifax.html

 

I need a defence by Saturday and I am unsure what to put in it and how to word it.

 

It seems that my application form is now enforceable and I need to put a defence in by Saturday(all is explained in the thread).

 

Once I have put a defence in (but I dont know what to put in it ), should I write to Halifax and offer a full & final settlement again, at least then I could show the court that I am trying to settle the debt.

 

Many thanks

Alamand

[alamand]

Sorry

I mean well done Jools

[robcag]

Hi Jools

 

Congratulations to you on your excellent result. :D

 

I haven't been following your thread (subscribed to too many others!), but the **WON** caught my eye, so when I've got a bit of time I'll try and read the thread.

 

Congratulations on another success for you too Paul! :D

 

Cheers

Rob

[bach]

Hi, well what can I say but a very big congratulatins to you,

and particularly to PT2537. You are definatly up there with the very best of those Lawyers.

We are so lucky to have folk like you helping out on here.

Lynn

[moronic]

Just subbing on here

[pt2537]

Dear Sirs

 

in respect of RBOS -v- Jools

 

I note that you have discontinued this claim , therefore, pursuant to CPR 38.6(1) i respectfully ask that you consider payment of my costs which i feel are reasonable

 

 

1) Time spent researching the Consumer Credit Act 1974 and the Regulations - 12 hours

 

1.1) time spent researching and reading case law- 8 hours

 

1.2) time spent drafting defence and amended defence and allocation questionnaire -5 hours

 

total 25 hours at the litigant in person rate of £9.25 per hour

 

these time scales are a conservative approximation, i feel that i have spent much more time than this however i am trying to remain reasonable

 

Other costs,

 

Printing, stationary and postage £10

 

Letter writing between the myself and RBOS and yourselves 1.5 hours £13.80

 

Total=£255.05

 

I respectfully ask that this sum be paid within 21 days,

 

 

 

That should take care of the costs side of things,

 

can anyone see anything ive missed from the costs?

[moronic]

What about telephone and travel

[fergal71]

just thought I would subscribe and bump this thread as some of the posts on here will help others considerably.... well done to all...

[jools63]

Hi again Paul - hope you're still on here!!

 

RBOS have reared their ugly head again! The original default notice is still showing from November 2007 on my credit file but only on Equifax not Experian.

I took out a new mortgage with Birmingham Midshires last July and it all went through fine as they clearly only used Experian to credit check.

However, I went for a further advance this week and I was declined. Processing said it was because of this Default to RBOS even though it still doesn't show on my Experican record. They could also not answer why it didn't get picked up last year when the original mortgage went through.

 

Trying to speak to someone at RBS is like herding cats...any idea how I should word a letter to them asking for this Default to be removed please? Or is it a Notice of Correction I want?

 

Cheers in advance

 

Jools