Anyone Who Can help with Scottish Law!!!

[nicola]

Thanks I'll just wait until this claim os done with and take it from there.

[nicola]

CAn anyone tell me if the RBS is defending their action in court or setteling out with the court?

[woolfie]

Hiya,

 

I think they are settling out of court at the moment. I got paid £5402 this month after my LBA. It took them about 3 weeks tho. I phoned them to chase things up which may have helped.

 

 

W

[nicola]

Hi Woolfie,

 

I have already submited my small claims sumons and the y have to put in a defence by tomorow at 4.00 as of yet nothing!! The bank owes me over £4k this is my second small claims wondering if the settle for the £705 plus costs I should sen them another LBA

[nicola]

Can one of the Mods please help, I have been doing this with my neice and we put in a small claims action (this is her first) and we have recived a letter from the court saying that the RBS is defending their claim and we have to appear next thursday!!! Now we are really Sh**n ourselfs, is this what is happening. I submited a small claims summons at the same time so just waiting on mines coming through.

[nicola]

Anyone help!!!!

[nicola]

Tryed to join the buddy system no joy!!! Can some one get back to me please.

[stevokenevo]

Hi Nicola, it is pretty standard for them to enter a defence. This happened with me twice, but, with my bank they put the money straight in my account two days before the hearing and just sent me a letter.

It is also well known for them to enter a defence then not turn up at all and you win by default.

Unless you have made some big mistake, i wouldnt panic yet, just keep checking the bank account!!

Hope this helps, and remember, if you dont get a reply on here, you can always PM someone or even pop in the chat room were there is usually someone who can help!!

[nicola]

Thanks I could just see me standing there at court stuttering!!! Just going to phone the bank now for claiming more than 6 years.

[Giveitback]

hey nic

 

Have you got your court pack ready just in case?

[nicola]

What is a court pack!! Been out of touch for a while as I've just had a baby and still got the baby brain on!!

[stevokenevo]

i think they are referring to a 'court bundle'? am i right?

This is something that is mentioned in the english forums regularly.

Not entirely sure myself as i never needed anything.

[nicola]

Any idea what that is, do I find it here?

[stevokenevo]

This should help ~~~> http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

I have not went through it myself so have a read through and see if it is of any use to you

 

Good Luck

 

S

[nicola]

Well got my court pack ready as it seems I'm going to need it!!! Court tomorow at 10. and still nothing from the bank.

[stevokenevo]

Remember to check your bank balance regularly! ;-)

[Giveitback]

This is your niece's claim that we're talking about? As long as you're clear on the points, and reason that they have taken money from you unlawfully, then even if you do have to go to court, you'll be fine.

 

You've got all day today for the money to go in, and then toorrow AM too, so it'll probably turn up.

 

Stay brave, you'll be fine

[nicola]

Yes it's her claim we are helping each other one as daft as the other!! My date is for next week!! I just hope they put the money in tomorow or ealse we will be a right pair.

[nicola]

I really need urgent help my neice has just had an email saying the bank will pay her without interest, we are due to go to court tomorow any idea what I should do we also included royalty gold fees which they have deducted this is just her 1st small claims summons, intotal they have taken off her 2K!!

 

Urgent advice needed!!

[debt_mountain]

I really need urgent help my neice has just had an email saying the bank will pay her without interest, we are due to go to court tomorow any idea what I should do we also included royalty gold fees which they have deducted this is just her 1st small claims summons, intotal they have taken off her 2K!!

 

Urgent advice needed!!

do you not have a number you can call them on and tell them thanks but no thanks. It is full payment in your account or see them in court. You could also try to reply to their email with the same but atleast calling someone you now they have heard you loud and clear.

 

Good luck. Remeber it is all your neice's money not the banks.....

[nicola]

Ok going to get her to phone them it's just because she made a mistake puting the Gold charges on I was afraid the whole thing would fall flat I have the letter from the bank but it will not let me copy and paste, they have to have an answer by 2.30

[nicola]

Just sent the email and waiting for her relpy, nearly having a breakdown at the thought of going to court tomorow.

[debt_mountain]

Ok going to get her to phone them it's just because she made a mistake puting the Gold charges on I was afraid the whole thing would fall flat I have the letter from the bank but it will not let me copy and paste, they have to have an answer by 2.30

Remember it is your case, not theirs. You set the timelines not them.

 

I know it is quite scary the thought of court but it really isn't bad atall. I have been 3 times now and the judges understand we are not experts and are very helpfull. Just make sure you are prepared and have all your info to hand. The 1 big thing is to know where all your info is. Go throug it and tag the key bits with postits.

 

But most of all enjoy the experience.

 

It is them that have acted unlawfully.

 

good luck with the dealines though. Fingers crossed.

[Dusary]

Don't despair!

 

Hang on in there!

[nicola]

Think my neice is redy to cave in after this email, she dosent want to wait another 2 weeks and I think she is getting scared.

 

 

 

note that you are willing to settle for the original amount. The charges applied to your account amount to £720.

 

The offer of settlement we have made to you includes a refund for every charge applied to your account, together with judicial interest and a refund of your court fee in warranting the summons.

 

Your schedule includes judicial interest from the date that each charge was applied to your account. Judicial interest may only be sought from the 'date ofc itation' of the court proceedings. According to Scottish case law, it is only when a judicial demand has been made that any monies due can be said to be 'wrongfully withheld', creating an entitlement to demand interest. According to Scottish case law, the court does not have discretion as to the date from which liability for interest should run in an action for payment/recovery of money wrongfully withheld.

 

The matter calls in court tomorrow. We could request a continuation of the proceedings for two weeks in order to reachs ettlement. However, the offer made to you includes a refund of every charge applied to your account plus expenses. It is highly unlikely that the offer made to you will be increased.

 

Kindr egards

 

Karen McCutcheon

Trainee Solicitor

Group Litigation

The Royal Bank of Scotland plc