RBS Loan and PPI - COURT CLAIM **WON** discontinued

[creditcardmug]

Section A tick no to all

4 reasons The claimant has failed to substantiate this claim

Section B tick yes (if it has already been transferred to your local court) if it has write that in the box, if not write that you are unable to travel etc.

section C tick no. in the box write “This case is not covered by any approved protocol”

Section D Write the amount they are claiming, not including costs

applications tick no

witnesses write your name, and in brackets "myself"...in the other box write "all facts"

Experts tick no to the first question, leave the rest blank

Track fast track....leave the box blank

Section E 2 hours....fill in the rest if there are any dates you cant attend

Section F tick yes to 1st question...no to 2nd

Section G leave blank

Section H leave blank

Section I tick yes to the 1st question...no to the second

tick no to applications

in the big box write "please see attached section I"

 

Sign & date it etc.

[creditcardmug]

Print out the directions and other information to attach to the AQ

[sequest]

Thanks CCM - I really appreciate your help.

 

With regard to the Current account, as they are now conceding I am in credit on this, should I make any reference to it or just ignore that part of the claim?

 

Regarding the DN - they have sent me a copy - should I be requesting proof of postage?

[creditcardmug]

If you look at the directions and other info, its saying you need the docs in order to file an amended defence

[sequest]

ok - I will type up the AQ as directed.

 

I have to go out for an hour but if there is any other information you think I should be aware of, particularly with reference to the SJ application, please let me know.

 

Many thanks.

[creditcardmug]

DN item 1b in the directions

 

In 1d you are requiring them to provide the full monty on how they come to the conclusion you owe them anything on the current account.

 

When you take it in tommorrow, ask for a receipt, tell them you have just had this app. for SJ, and ask what the procedure is now, in particular how should you respond to it (procedurally) i.e. witness statements/hearings/timescales.

[pt2537]

sorry been away with the kids,

 

i would change the word "deliver to the Defendant" to "File and Serve" this places an obligation to lodge a copy with the court as well, therefore the court will know if the Claimant has complied or not

 

 

Not sure about the amended defence, i would consider it top priority to file an amended defence as without it your defence as it stands fails when the Claimant complies with the order, assuming they do of course,

 

i would word it as the defendant shall file an amended defence

[creditcardmug]

sorry been away with the kids,

 

i would change the word "deliver to the Defendant" to "File and Serve" this places an obligation to lodge a copy with the court as well, therefore the court will know if the Claimant has complied or not

 

 

Not sure about the amended defence, i would consider it top priority to file an amended defence as without it your defence as it stands fails when the Claimant complies with the order, assuming they do of course,

 

i would word it as the defendant shall file an amended defence

 

Ok thanks

 

But whats the procedure now as regards this SJ app, will he get a notification from the court of it?, how long has he got to file his witness statement? will the fact he is just filing this AQ have any bearing on th SJ?

 

Cheers

[pt2537]

summary judgment is set out under rule 24 and practice direction 24 CPR

[creditcardmug]

I have amended the directions following pauls comments

[sequest]

Many thanks for doing that CCM.

 

Thanks Paul.

 

Am I understanding the situation correctly - I cannot file amended Defence until court approves Draft Directions and Claimants have submitted additional information or not.

 

Surely that means Court could not even consider SJ until full defence has been submitted.

Edited April 13, 2009 by sequest

[creditcardmug]

Im not sure how things are going to pan out from here, the big problem was the defence wasn't sufficiently detailed, and now they have gone for this SJ, but filing this AQ is going to have some effect IMO.

 

If i were you i would study their witness statement, and have an answer to every point they make, and then add your points..just pencil everything in for now, the order can be worked out after.

 

Next check out CPR24, and consider the answers you get from the court tomorrow, re: procedures, against cpr24. (i will post it up next in case you cant find it)

 

Theres another poster on here who knows the tactics of RBS better than anyone, suggest you post on his thread with a link to this one for his advice (i will post a link next)

 

No an amended defence wont be accepted, until the court orders it in the directions

[creditcardmug]

Link to CPR

 

CPR - Rules and Directions - Ministry of Justice

[pt2537]

the defence submitted will be sufficient as matters stand as they have not pleaded effectivley even considering the bulk centre practice direction

 

the SJ trick is normal in most claims, although it is unlikely they will actually get it, from my experience, the judge will also look at the pleadings if thats what you can call them as they are woeful, and will obviously consider the issues and will most likely make directions for case management including an order that you file and serve an amended defence

[sequest]

In Draft Directions - can I ask for agreement for previous loan and full statements as part of this loan is incorporated into current loan?

[creditcardmug]

In Draft Directions - can I ask for agreement for previous loan and full statements as part of this loan is incorporated into current loan?

 

Its worth a try, just type in a line at the end of section one

 

Heres that thread i mentioned, warning!, its the biggest thread on here:)

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/11427-walton-rbos.html

[sequest]

Thanks for all your help CCM - very grateful.

I have looked at that thread before - RBS are totally unscrupulous. I wouldn't have been in situation I am in now if their employees hadn't been deceitful.

[sequest]

To include in Draft Directions:

 

'Production of full details of any previous agreement, the sums of which might be included in current agreement, any PPI added, and all loan statements applicable.'

 

Does that look ok?

 

Its really important that I get that information because this whole problem started when I suspected they had added PPI without my knowledge. It means the sums they claim are outstanding are not correct.

[creditcardmug]

Full and complete details of the previous agreement reference xxxxxx including the agreement and details of the PPI the balance of which appears to have been transferred to the agreement in item 1a above

 

Maybe this?

[sequest]

Yes CCM- that sounds much better - thanks.

 

Sorry to take up so much of your time but when you state 'reference' what am I supposed to put there.

 

No reference has ever been made by the Claimant to any agreement.

[creditcardmug]

I meant can you find the account number of the previous agreement, if you cant delete the reference bit

[sequest]

Gottcha - thanks. Tough being dumb!!

[sequest]

AQ hand delivered to Court today.

 

Thanks Creditcardmug and pt2537 for all your help and advice.

[sequest]

Just received letter from court allowing hearing for Summary Judgement.

Defendant to serve and file witness statement.

 

Does this mean judge is ignoring my request for credit agreement, etc.

[pt2537]

Just received letter from court allowing hearing for Summary Judgement.

Defendant to serve and file witness statement.

 

Does this mean judge is ignoring my request for credit agreement, etc.

no merely that the court will hear arguments whether summary judgment is acceptable or not as the case may be