RBS/Shoosmiths Charging Order [Loan+OD] **SET ASIDE**

[flyboy80]

COURT SUCCESS

 

Hi Guys,

 

Just to update you, I have just come back from court, where the judgement has been set aside !!

The charging order will not be granted and the interim has been removed.

The land registry details have been ordered to be amended as well.

 

It all came down to as far as I could see, the amounts that RBS said I owed and the amounts I proved I owed, and as a result the DJ said that from the outset, this should have been picked up, despite the fact that this was my defence in the first place!

This also brings into question the C/O brought against my wife on our loint account as that figure was also incorrect, as he put it if it's wrong with you, then it would be wrong with her. So I need to look into an application to have her C/O set aside.

 

I raised the issue of previous refunds on the main account, and this also throws up some interesting issues, as with the ongoing case/OFT - my case would tie into as so much as they would still be liable for any outstanding amounts due as and when the case appeals are thrown out.

 

This would again mean that the amounts RBS say I owe are reduced against the total balance.

 

Just thought that I would share this.... I have and will always maintain, my debt with RBS is acknowledged, and I will pay what I owe, but my objection was in the way the bank went about treating it's customers fairly. Today the DJ said that they have not.

We now await a response from shoosmiths / RBS on whether they want to fight further!

[slick132]

Hi Flyboy,

 

This is fantastic news and you've clearly done well at your court hearing.

 

Have to wait now to see the courts formal ruling, and whether Shoosmiths decide to pursue further.

 

Enjoy the rest of your day - you deserve to.

[citizenB]

Excellent news, lets hope they see sense and leave you alone.

[flyboy80]

Hi Guys,

 

Yes I am glad that this stage is over. RBS will need to consider starting all over again with their claim. I think they expected to win on an easy roll over from me, but I suspect more often the case, they go to court with wrong information and details. For all of Shoosmiths posturing and intimidation, they were no better. The irony was that they had the statements and information to hand as well and they could have calculated all charges etc themselves. It took a meeting beforehand to sit and go through each one before they conceded that figures were wrong.

 

They did have the option to offer the difference off the existing amount as they offered, but the DJ said that with the fact that the figures were wrongin the first place and they being the claimants, they should have provided the right details.

 

It goes to show always check your figures if you want to challenge anything, it may prove to work in your favour. And if you can demonstrate this factually give 'em something to chew on !!!

 

I await a response from the other party.

[underdog13]

Congratulations, Flyboy:D

[shakespeare62]

Good news !! Just shows what you can do if you have a 'stab at it'.

[flyboy80]

Many thanks SP62 for your help on this one - you did say it could be done!!

[flyboy80]

Hi Guys,

After what seems an age - and a long running Saga with RBS, my resolve whilted and I agreed to sign a Tomlin Order sent to me by Shoos regarding outstanding amount with RBS. To be honest I was tired of fighting after 3 years of going to court etc, checking and rechecking paperwork, missed court appointments from Shoosmiths. I managed to get the Charging Order they were after thrown out, and defended the stupid thousands of pound in solictior charges that they wanted to claim from me.

 

A momentary relapse saw me agree to a Tomlin Order to agree out of court. I duly signed and sent back to them. I did not check properly the wording as it mention payment was to be "forthwith" - a schoolboy error on my part, there was no schedule for payments in the order, no time span or indication as how long the repayments were over, though I had in previous correspondence offer a monthly amount that I could afford. I referred to this as the amount that I would pay but there was no mention of it on the Tomlin Order.

 

As luck seems to have it, I recieved a letter from Shoos, and it appears that they have been informed by the courts that the courts are not happy with the wording of the Consent Form. They amended the consent form for me to sign and send back. Still no mention of the amount to be paid, no schedule of payment, though they have reduced the sum (or say they have) outstanding - still has "forthwith" and legal costs are included which they say are non negoitable.

 

Since then I have built up a second wind - revisited CAG - and to my horror - astonishment realised how close I came to committing a grave error - or have I?

 

If I don't sign this Tomlin Order - could they still pursue the Fast Track Court action which they were going to - but the Tomlin Order was a way of reducing litigation costs - Or were they merely bluffing and in order to get me to admit liability to the debt the Tomlin was produced? I have never refused liability and I have always on each court visit maintained this to the JP.

 

Can this be resolved with a Tomlin and not go to Fast Track - or are Shoos running on empty and this is a last ditch attempt?

 

I would welcome your views on this

[sillygirl1]

You can add your own payment schedule to the Consent Order and remind the court that they are minded to ask for mediation on this matter - Tomlin orders are basically a way of getting you to pay up without it being on your record, usually they are very one sided.

 

You have an opportunity now to challenge the 'forthwith' by asking for it to be amended to

 

'Payment schedule for this to be as follows'

 

and list the payment amount YOU can afford on the date YOU choose

 

until the order has been paid - no further costs to be added by either party.

 

That should make Shoos turn pale!

[flyboy80]

Many thanks SG1, I will amend accordingly, and send back, as they are usually one sided, better to be on my side not theirs !

[flyboy80]

Hi Guys, got an answer back from Shoos today - and surprise, surprise they did not want to play fair.

They have reiterated their stance on the matter.

Will need to think this one through very carefully.

[Deb T]

Personally I would not under any circumstance accept a Tomlin order and if I were you (especially since Shoosmiths have sent it back after the court rejected it) I would seek professional legal advice

before even considering signing up to it. Shoosmiths have much legal expertise, the Tomlin order is almost certainly bound to suit them 99% and you 1% ...approach with caution and seek

proper advice.

[flyboy80]

Hi,

 

Some time ago RBS took myself and my wife to court in regards to various loan and current accounts we held with them.

 

They suddenly closed our banking with them almost overnight after I successfully managed to reclaim charges levied against us.

 

Up until then they had been receiving our salaries regulary into the current accounts - no default on any loans and overdrafts were small.

 

After a really acrimonious battle with Shoosmiths

- they managed to obtain a Charging Order against our family home

- which meant were we to move

- they would get a share of the proceed to satisfy the debt down.

 

The debt was registered on my credit file and I began to work on paying off as much as I could on some of our joint debts.

The majority of funds were paid through my wife's parachute bank account as she had managed to get one

- and we paid a nominal amount into this.

 

Even through one redundancy (me) and a job change - we were able to still pay without missing any payments.

 

Fast forward 6 years and finally the entries have been removed from both of our files.

We are able to breathe and live again!

- we still pay the monthly amount but

 

recently I have been getting letters from Shoosmiths directed to me to say that I need to send personal financial information

- with a proposal to pay my accounts off

- I have no issues with this

- to date we have paid enough to clear the sizable joint account that we held

- and I want to pay off the other accounts

 

- but to be honest, I have had my fill with RBS/Shoosmiths

- and the wringer we went through

- so - yes, I don't want to converse with them in any shape or medium,

 

they got their judgement,

they have their Charging order,

 

I am paying what I can to clear it down.

 

Recently they resorted to contacting me by phone

- to ask why I was not responding to them -

I told them my reasons

- they did confirm that the joint account was now clear.

 

My question is that

if I start paying my accounts off in my name

- are they able to re-enter on my file a default once I start paying those?

- Is there a double jeaporady?

 

Shoosmiths were not forthcoming with the information,

they said they would contact the client and get in writing (my request) this confirmation. I still await this.

 

I don't trust them

- never will

- but I have not and have no intention of not paying the debt off

- nearly 8 years later I still pay them something each month.

 

Any thoughts would be appreciated.

[dx100uk]

so you have a CO via a CCJ

that you have been paying off at the rate set by the judge.

for ONE of the debts

 

 

the others have had no payments in more than 6yrs

and shoo's are trying to fleece you into paying these off now?

 

 

dx

[dx100uk]

for sake of history

 

 

I have merged several threads on the court/merging background to this new thread

 

 

dx

[citizenB]

No, they cannot re enter defaults if these have already dropped off.

[flyboy80]

Many thanks for your help - it is appreciated.