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Shopaholic v RBS


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you have to send them a letter asking for payment (DONE) wait 14 days, then send a Letter before action giving them a further 14 days.

 

Then file the claim after that.

 

If you try to speed things up it will all come undone. you have to be seen to be giving them every oppourtunity to comply, any undue haste may go against you.

 

good luck

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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If you have sent 2 letters and waited 28 days

 

GO FOR THE JUGULAR.........:-)

 

file your claim NOW (*edit* after 8 Aug )

 

ignore any further letters unless they offer you a full refund

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Dave - I hope you pick this one up - I am preparing my on-line claim ready to 'hit the button' on 8th August and used the online interest calculator within this site. I don't doubt it for a minute but, on a claim of around £780, the interest clocked up to around £1,040. Does that sound right to you please? If it's right, I hope it does go to court! I sent one last letter today informing RBS that there will be no further contact from me and that if they haven't paid up before 8th August I will proceed to court and inform local and national press.

 

Just wanted to say thanks as well. After years of feeling downtrodden and degraded, my self esteem is coming back with avengeance! This site has empowered me and I feel liberated! THANKS!

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If the charges are from quite a wee while ago then it is feasable that they can be quite a sizeable amount. The bulk of the charges Im claiming are from 3years+ ago when I was a poor student and the interest I calculatedu sing the spreadsheet in the library is quite a bit more than yours. My claim with BOS is £3300 but with interest its nearly £5k. :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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sorry rebecca only just seen you post

 

as gargoil said its feasable, remember its 8% per year so if some of the older charges were big the end result will be quite large. its calculated at about 0.00022 per day (8%/365) so £100 charge for 1 year works out at £8.00. the same £100 for 6 years = £48 it soon adds up

 

but recheck just to make sure

 

if you have got £200 interest on one item its probably wrong unless the item is VERY large

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Roll on this time tomorrow! Unless the money has miraculously turned up in my account by the time the post comes in the morning, I'm hitting that MCOL button. OH JOY! I know I'm nowhere near arrived yet but the buzz is immense!.. And the thought of getting the interest on top makes it even more worthwhile!

 

Meanwhile, time is running out for RBS to supply a response to my Subject Access Request on my personal account... hmmmmm

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  • 2 weeks later...

Hi,

 

I maybe wrong but RBS are given 28days to put an "acknowledgement of service" then once this is recieved RBS get a further 28days to submitt a defence, once a defence is recieved the case is allocated a local county court. This is when you and RBS get an allocation questionare (AQ) to fill in and send back to court within a further 14days(i think). Once they have both been submitted, the Judge will either request further info from YOU or RBS or give a date of hearing.

 

Hope that is clear, confused myself writing it.....:-o

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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  • 3 weeks later...

Hi Folks.. Back again. The full 28 days from acknowledgement has passed and I tried to enter judgement by default. The website says I have to wait 28 days.. Does this mean I just wait til Monday please? Slightly confused??? A swift response would be really appreciated! Thanks...

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usually its 28 days from being "served" I think they allow 2 or maybe 3 days for the "service" so its probably a few more days :-(

 

dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Guest BlueRuby

As I said in my PM, they will probably try to get judgement set aside. If they do you might as well agree - it shows willing and they'll end up paying anyway! Try not to get too excited :cool: You can see from my thread how things can drag on, and on, and on......;) Good luck, I will be watching!

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Rebecca,

 

looks like your case has obviously slipped through the Cobblers net. I thought mine might have what with it being holiday time, but alas no! Keep up the pressure like Blue says, have you got all of the relevant case numbers (Bank, Court & Cobblers), that seems to be one of the things that was missing from Blue's case. You may wish to consider sending a quick letter to Cobblers informing them of your actions, they seem to do the same whenever they do something (info the Court too!). This may speed things up? Make them see you mean business.....which you do!:cool:

 

BC:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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An interesting twist... Any feedback would be appreciated. Yesterday, I phoned the court and was told that no defence had been received. This morning, first thing, I requested judgement by default, which the computer allowed me to do. I have just been back on the MCOL website and a defence has been lodged, dated 9th September. I am slightly bemused???? Has this happened to anyone else, please?

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Guest BlueRuby
An interesting twist... Any feedback would be appreciated. Yesterday, I phoned the court and was told that no defence had been received. This morning, first thing, I requested judgement by default, which the computer allowed me to do. I have just been back on the MCOL website and a defence has been lodged, dated 9th September. I am slightly bemused???? Has this happened to anyone else, please?

 

I don't actually know but it is quite common for a defence to be entered at the very last minute. This one has just been a bit slow (2nd class stamp?) :) Anyway, at least your case should proceed a bit faster than mine - not difficult I know :lol:

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Rebecca,

 

sounds like another call to the Court would be worthwhile. It may be that the Court don't 'open' till 0900 and therefore didnt enter the defence received until after you requested judgement, in which case they may have 'over-ruled' your request. May be a glitch in the court system.....no dramas though, the rest of the process is much better mapped out this way!

 

BC:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Not sure, maybe a question for the Court, they are usually very helpful, especially if you explain the circumstances. I had a friend was was caught speeding in the UK whilst serving in Germany and he was 'let off' because the Policeman realised that the costs wouldn't be worth the eventual fine/sentence. I guess a Solicitor can represent you if you wish, you may want to speak/emither Ms Burgoyne and explain your circumstances to her and outline the costs involved in your having toreturn for an hour long hearing from wherever, don't forget the hotel, car hire, food costs as well!! It may help in an early settlement?

 

BC:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Well, sadly, I have received all the bumpf from Cobbetts, which I am currently working on. However, on 19th September, (days away and well within the time allowed to return the stuff to the court) the 28 days will be up before I take action on my personal account. Would it be in order to include details of both my business claim and personal claim in the one court hearing or do I have to go through the whole thing separately, please? It seems a waste of time and as Cobbetts have asked for more information, couldn't I just say that they have had adequate time to respond and that I have decided to present both claims at once?

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Oo-er Rebecca,

 

not sure about that, cos would it still be below the £5k Small Claims limit? You may be better off keeping them separate, which isn't ideal considering your future life-plans. I'd be tempted to ask a solicitor about this one, seeing as you have submitted an MCOL, you could submit an N244 Application Notice to the Court to include your personal account claim. Sorry if this doesn't help. just thinking out loud before I've finished my 1st coffee of the day....

 

BC:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Please check out the above post as well, but I have now discovered that I have over-claimed for interest. I did post regarding this sometime back. I intend to send a revised figure to the Court and Cobbetts. Do you think this will be ok. The actual 'charges' amount was correct.

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