Shopaholic v RBS

[BigCol]

Rebecca,

 

it sounds like you might have to fill in an N244 for this now as you are ammending the original claim. Speak to the Court and ask their advice, if that's the case, it will cost you £35 (non-claimable) so bear that in mind, but it might also be worthwhile if you add your personal ac claim to it as well. Mod's help may be required, poss PM BF and ask their advice?

 

BC:confused:

[Rebecca Bloomswood]

Hey Big Col! I just phoned the Court and the nice lady said that my case was complex and that I should consult a solicitor!

[BigCol]

Rebecca,

 

she's not wrong there is she, complicated......I should cocoa!! 'Sup to you then, don't forget that most solicitors do the free consultation thing...

 

BC8-)

[Rebecca Bloomswood]

Actually, although the big picture is quite complex, when I broke it down into 'bite size' chunks, it became quite manageable and, with a lot of help and advice from other threads, I have managed to reign it all in and hey presto! Order is restored.

 

For other claimers who may be following this thread, when you do get a tricky situation, my advice would be to switch off completely from thinking about it, and come back when you are calm and collected. Then, print off any threads that are relevant to your case, read them through repeatedly and break your own case down into small pieces - perhaps one paper at a time. Try and focus on each letter, or point of a letter, and address it slowly. When you've done one, go away again and have a cup of tea or something before you tackle the next, to stop it from becoming overwhelming. Before you know it, you'll have a neat little pile of paper that you can then go through to send to Branch, Cobbetts and Court, or whoever.. Good luck to all - hang in there!

[BigCol]

Rebecca,

 

you are so right. How many times do you see posts where people have just become too fixated on a little matter that is inconsequential in the great scheme of things. Reading other threads in between letters or actions has got to be the way forward. I have posted so many times almost exactly what you did ^, read posts, cut & paste into a word document, read some more, prepare, check, ask, print, check, post, and relax....Tea or wine is a very good option at these points. The RBS seems to be going through a fairly rigid procedure, and Cobblers even more so. Most of the 'big' threads on the RBS forum have the advice that you need, if it's any different or complicated, you should ask (the only stupid question is the one that doesn't get asked!!).

 

At the end of the day, you are in charge, it is your claim and your timescale (until the Courts get involved and even then the timescales are fairly lengthy), there is no need to rush and get into a panic.

 

Best of luck to you and everyone out there, it's your money and they WILL be giving it back!!

 

BC:cool:

[Rebecca Bloomswood]

21st September, 2006.

 

Received the following letter from Cobbetts:

 

"Dear Sir, (I am Mrs. X, by the way!)

 

Our Client: National Westminster Bank Plc (my claim is RBS!)

Claim no.xxxxx

 

We note your comments on our Request for Further Information. It is our client's contention that your particulars of Claim did not properly particularise your claim. For example, our client cannot properly defend a claim where you have not given the details of each charge you claim is disproportionate and unreasonable.

 

The Court is bound by an overriding objective to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars. Our client therefore objects to your allegation that the Request is intimidating.

 

Yours faithfully,

 

Cobbetts LLP"

 

Is this the standard blurb, please and should I respond at all? In my reply to the defence, I re-iterated the details of my claim and enclosed another copy of the schedule detailing the breadkdown of my claim...

[davefirewalker]

Absoluteley standard......

write back stating that all they information you have , you got from their clients in the first place and this information should be available to them. but as a goodwill gesture send them the spreadsheet AGAIN with the charges and dates and amounts, I would also show the interest accrued on each charge just to let them know how much they are going to have to pay if they don't stop messing around

 

Dave

[Rebecca Bloomswood]

Thanks Dave.. consider it done..

[BigCol]

Rebbecca,

 

I got a very similar letter, regarding Cobblers' client - Nat West Bank Plc. So I sent a copy to the court and advised Ms B at Cobblers that her client should be RBS. From other threads, I understand that Cobblers are dealing with the Nat Wets claims too!

 

Idioten!

 

BC:p

[Rebecca Bloomswood]

A brief update from the other side of the world.. I have received an offer of part payment.. I am pleased about that but wil be firing off the letter that others have sent .. accepting part payment for now but expecting to pursue for the rest through the courts...

[Rebecca Bloomswood]

By the way.. does anyone out there have an email addres for Cobbetts, please?

[BigCol]

Rebecca,

 

try this for Ms Burgoyne:

 

'[email protected]'

 

I have emithered her a couple of times and never had a reply, but Martin has.

 

BC

[Rebecca Bloomswood]

Hi Folks! Haven't had access to internet for a while, having moved half way round the world. However, I'm back with a vengeance now and, hopefully, in the final stages. I have received offers on both accounts for approximately 50% of each of two claims. I rejected both (even though I could REALLY do with the money now!). I have got a hearing date for January and I am going to ask that both cases be heard at the same time.

 

In the course of our move, I was horrified to discover that I had to pay 7,677.42 GBP Early repayment charge on my mortgage. As you can imagine, this hit my pocket an my mental health pretty hard. My solicitor told me to go after it in the same way as the bank charges but advised me to limit my claim to 5,000GBP to keep it in the small claims court. Incidentally, he used to defend claims on behalf of a building society and said that the other thing to remember is that, although the lender will claim that they make a loss by our early redemption, technically, they don't lose anything at all, because the money will be re-lent instantly.

 

This is NOT professional advice, just a point to ponder!! Any comments would be gratefully received though.. Many thanks, Rebecca

[Rebecca Bloomswood]

Bump

[livelylad]

Hi Folks! Haven't had access to internet for a while, having moved half way round the world. However, I'm back with a vengeance now and, hopefully, in the final stages. I have received offers on both accounts for approximately 50% of each of two claims. I rejected both (even though I could REALLY do with the money now!). I have got a hearing date for January and I am going to ask that both cases be heard at the same time.

 

In the course of our move, I was horrified to discover that I had to pay 7,677.42 GBP Early repayment charge on my mortgage. As you can imagine, this hit my pocket an my mental health pretty hard. My solicitor told me to go after it in the same way as the bank charges but advised me to limit my claim to 5,000GBP to keep it in the small claims court. Incidentally, he used to defend claims on behalf of a building society and said that the other thing to remember is that, although the lender will claim that they make a loss by our early redemption, technically, they don't lose anything at all, because the money will be re-lent instantly.

 

This is NOT professional advice, just a point to ponder!! Any comments would be gratefully received though.. Many thanks, Rebecca

 

 

Check this thread

http://www.consumeractiongroup.co.uk/forum/members/carriexs87.html