RBS Overdraft/Charges taking ME to Court!

[dottyanne]

Hi, can anyone please give me some advise?

 

When I was self-employed a few years ago and the business was struggling I was upping my personal RBS overdraft every few weeks, the total went up to around 4K. My business folded and I was left with numerous debts, business and personal. One of these was the RBS personal account overdraft.

 

They, of course, were adding interest and charges on top of this, I put in a claim for the charges which equate to around £2,500.00 but pending the decision this claim is on hold. I was paying token payments towards teh rest but these were intermittent as my OH employment was sketchy and we paid as and when we could afford.

 

The upshot was that they took us to Court or nearly £6K which is the overdraft including costs and interest, we filed a defence admitting to part of the amount (we have never said we didnt owe some !) but a defence where we challenged the £2.5k in bank charges. We were sent an Allocation Questionnaire which we filled in asking for time to try to settle etc.

 

yesterday we received a letter from a new solocitors acting for the bank, They do not want ime to settle and now ask for the case to be heard in the small claims court. they have also added this is on the completed Allocation Questionnaire:-

 

Further to the contents of the Defendants Defence, the Claimant requests that Judgment be entered in the admitted sum of £2993.40.

As the Defendant has a claim against the Claimant for bank charges applied to his aco****, the Claimant consents to the remainder of the Claim being stayed pending the final determination of the Test case in the Commercial Court - OFT v Abbey National Plc and others (2007) Folio 1186.

 

 

Questions:-

 

I have been repaying this at £125.21 per month and asked forthis to continue on my Allocaton Questionnaire - do you think this will be accepted.

 

What about the charges - once the test case is decided will i get this 'written off'.

 

Do i iave to attend Court if it is decided the correct track is small claims?

 

Thanks:confused:

[dottyanne]

Hi can anyone advise please? also i dont see why i hae to pay their damn costs i HATE RBS, ok we reuested to get the OD raised on several occasions but it didnt take a rocket scientist to see that we were struggling - surely this is also irresponsible lending !! thanks

[citizenB]

Hi dottyann, I am unable to help you. I have brought your thread to the attention of the site team.

[ukaviator]

Hi Dottyanne

 

You need to do an income and expenditure spreadsheet to give to the judge. He or she will see how much you can realistically afford each month to pay RBS.

 

When the test case is decided the charges will be credited to the account, if we win that is. The banks have appealed the decision so another wait now for the result of that.

 

It would be advisable to attend court as the slippery banks are now seeking charging orders on peoples property for unsecured debt. My advice is attend court on the day.

 

Have a look at requesting a time order if you can pay the amount each month, RBS may not like it, but it will give you some space to tackle other things.

 

If a creditor has already started court action against you then you can still apply for a time order. The court should look at making an order for you to pay in instalments you can afford. Interest is normally frozen on court judgments. If the court makes a time order and you keep up to date with payments, a creditor cannot apply for a county court judgment to be made. This means a judgment will not appear on the county court register or on credit reference agency files, although the creditor may have registered the default on your credit file already when you fell behind with the loan.

 

The creditor can put in a defence to the court objecting to your time order application. There will be a hearing and the district judge will decide whether to make a time order in your case. To ask for a time order you will need the form N244 from the HMCS website here:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

 

There is a fee of £65 to file the N244. You need to include full details of your circumstances and a full personal budget sheet with the application.

 

Have you claimed back any charges from credit card accounts, business or private accounts?

[dottyanne]

Hi would they seriously get a charging order ona debt thats under 3K?? The form you state above is just a blank form where you apply to the Court for something? is that up to me to fill in that i want a time order application? Since we got the solc letter and copy of their Allocation questionnaire i have made another payment of £125.21 so their claim should already be less? should i still be paying this or when we get a date for court do i highlight this then? I really dont want to attend court would i be able to do an income/expense form and write my own letter of defence so i dont have to go?

 

I tried to reclaim from Lloyds TSB for my business bank charges (sole trader) but they said we couldnt get anything back from them, i have written twice to ask.

 

I did get some cc charges back from capital one and the bank im with at the moment (nationwide) is a basic bank account and i recon they have had a good few thousand over the last 6 years in charges - same with Lloyds for a basic personal bank account - should i be claiming these back too now even with the stay?

 

thanks

[dottyanne]

hi - have today received a small court paper saying the defence has not been taken into account? what does that mean will this now proceed for the sull amoutn and costs - that is what im thinking it means on the court form? this seems unfair if we are contesting teh charges - what happens now?