Luxx -v- RBOS **Bank resumes claim from 2009 !!??**

[Luxxinterior]

COngratulations on the birth of your daughter. A nice healthy weight. I trust your wife is now well.

 

Hi...

Everyone is well citizenb thank you.

An update from the court...

The hearing went ahead in our absence, and they have officially discontinued with the loan part of the claim.... as to the charges, the judge has ordered a hearing on the 8th Oct in small claims

 

I did plead financial difficulty in my letter and because we did not bring the claim originally, and as the claimant would have had to argue the whole claim anyway had they not discontinued, i said it was unfair that the claimant should all of a sudden try to halt proceedings. We want our day in court!!

 

The Judge appears to agree

[citizenB]

Hi...

Everyone is well citizenb thank you.

An update from the court...

The hearing went ahead in our absence, and they have officially discontinued with the loan part of the claim.... as to the charges, the judge has ordered a hearing on the 8th Oct in small claims

 

I did plead financial difficulty in my letter and because we did not bring the claim originally, and as the claimant would have had to argue the whole claim anyway had they not discontinued, i said it was unfair that the claimant should all of a sudden try to halt proceedings. We want our day in court!!

 

The Judge appears to agree

 

 

Excellent news. So what happens next ?

[Luxxinterior]

Excellent news. So what happens next ?

 

Nothing, just wait for the hearing

[citizenB]

Excellent news. So what happens next ?

 

Nothing, just wait for the hearing

 

Brilliant, you now have time to change nappies

[slick132]

Nothing, just wait for the hearing

 

Can I suggest you use any spare time to prepare for the hearing as best you can.

[Luxxinterior]

Brilliant, you now have time to change nappies

 

Hi Citizen B...

I received a letter from the Court regarding this case. It has been allocated to Small Claims Track, and we have permission to amend our defence. Hearing is 8th October.

 

I have never done anything regarding Charges before, and this is what the rest of this claim is about....over £4k!!

 

Can you point me in the right direction on how to prepare?

 

RBOS have supplied incomplete statements which we can get some charges info from... What do we do with that info??

 

Have you come across any defences for charges at all??

 

I think we are lucky to have our day in Court considering this now purely about charges... We need to take advantage as much as possible....a good defence would be a great start:D

 

Cheers

[slick132]

Hi Luxx,

 

Read the Reclaiming Guide at Link No1 in my signature. List all default charges on a spreadsheet and this will be your SOC.

 

All you need for this is a complete list of all default charges and the dates on which they were applied to your a/c.

[Luxxinterior]

Hi Luxx,

 

Read the Reclaiming Guide at Link No1 in my signature. List all default charges on a spreadsheet and this will be your SOC.

 

All you need for this is a complete list of all default charges and the dates on which they were applied to your a/c.

 

Thanks Slick....I will have a good look through

[Luxxinterior]

Thanks Slick....I will have a good look through

 

Hi

I have been so busy with my NR cases that i havent had a chance to even look at this, and i have 4 days to get my wifes defence into the court and to the claimants solicitors, as directed by the Judge.

 

I have never had any dealings with Charges, so have no idea what I am doing here! With ony 4 days to go i think I really need help!

 

I have some statements with charge information from RBOS...can anyone help me with this please? ...if anyone has the time?

 

I have no idea how to build a defence for this.

 

Regards

[Luxxinterior]

Hi,

I have completed Spreadsheet with charges/interest. Is it correct to add interest charged on an OD?

 

This is the second part of the Claim by RBOS which they tried to have stayed but failed They were sure that because it related to Bank Charges it would be stayed pending the outcome of the test case.... we pleaded Hardship however and the Judge agreed to hear the case.

 

Thing is, I have never defended against a claim for an account with an OD consisting of penalty charges/interest.

 

Can anyone give me some idea of what I need to do to defend agains this claim of £4k+?

 

After a SARS, RBOS only provided 6 yrs of statements, so the total on the spreadsheet falls short of the total claimed. The account actually goes back further than 2006, but we do not have statements for that time.

 

Can anyone tell me what a defence for this type of claim needs to contain? Please? I need to have the defence to the Judge and Claimants Solicitor by Friday :O

 

Kind Regards

Simple-charges-calc.xls

[slick132]

Hi Luxx,

 

Is the o/d balance made up entirely of default charges.

 

Can you confirm what Directions were given by the judge at the last hearing.

 

Am I right in thinking you have to enter your amended defence (which will include the claim for refund of charges) by Friday.

[caro]

Hi,

I have completed Spreadsheet with charges/interest. Is it correct to add interest charged on an OD?

 

You can claim the interest on the charges only, but in reality that may be most of the interest anyway

 

This is the second part of the Claim by RBOS which they tried to have stayed but failed They were sure that because it related to Bank Charges it would be stayed pending the outcome of the test case.... we pleaded Hardship however and the Judge agreed to hear the case.

 

Thing is, I have never defended against a claim for an account with an OD consisting of penalty charges/interest.

 

Can anyone give me some idea of what I need to do to defend agains this claim of £4k+?

 

After a SARS, RBOS only provided 6 yrs of statements, so the total on the spreadsheet falls short of the total claimed. The account actually goes back further than 2006, but we do not have statements for that time.

 

Can anyone tell me what a defence for this type of claim needs to contain? Please? I need to have the defence to the Judge and Claimants Solicitor by Friday :O

 

Kind Regards

 

I notice that you've used the simple spreadsheet, but I'd suggest that you copy and paste the information into the advanced sheet, which deals with calculating the interest for you.

 

http://www.consumeractiongroup.co.uk/resources/templates-library/48-bank-templates/118-interest-calculation-spreadsheets

 

All that's advanced is the formulas that have been put in to do the calculations. It's still quite simple to complete.

 

You'll need to put the interest in a different column to the charges, but if you sort them, you can just copy and paste them straight into the appropriate columns.

[Luxxinterior]

Hi Luxx,

 

Is the o/d balance made up entirely of default charges.

 

Can you confirm what Directions were given by the judge at the last hearing.

 

Am I right in thinking you have to enter your amended defence (which will include the claim for refund of charges) by Friday.

 

Hi Slick

Yes...the OD appears to be only made up of charges and interest.

 

Hearing on 8th Oct

 

each party to deliver, contract, witness statements, experts reports photos invoices.

 

copies to be delivered to court no less that 14 days before the hearing

original docs to be brought to the hearing

 

both parties try to agree nature and cost of any remedial work

 

Signed statements setting out evidence of all witnesses shall be prepared in the docs mentioned. This includes evidence of the parties themselves

 

The defendant has permission to amend defence to be filed and served by 4pm 18th Sept!!!

 

Apologies...I have been so busy preparing for the NR summary Judgement hearing that I have had no time to spend on this.... NOW ITS HERE!!!

 

I am really beginning to feel the stress of all this!

 

Some advice: Do not stop paying stuff at the same time!!! I am paying for that now...this is becoming a full time job!

 

I wont have the time to investigate this so am considering throwing in the towel on this one!!

 

Pity as it is just for bank charges...the most basic claim!!! Unfortunately I have never dealt with charges before, so to have to file a defence is beyond me!!

 

Regards

[Luxxinterior]

I notice that you've used the simple spreadsheet, but I'd suggest that you copy and paste the information into the advanced sheet, which deals with calculating the interest for you.

 

http://www.consumeractiongroup.co.uk/resources/templates-library/48-bank-templates/118-interest-calculation-spreadsheets

 

All that's advanced is the formulas that have been put in to do the calculations. It's still quite simple to complete.

 

You'll need to put the interest in a different column to the charges, but if you sort them, you can just copy and paste them straight into the appropriate columns.

 

Thanks Caro... Ill give it a go later

[Luxxinterior]

I dont suppose anyone has a template I could use for a defence for this case?... I am a bit desperate with time NOT on my side.

 

 

Any help much appreciated

[slick132]

Luxx, you really mustn't drop this one. It's worth too much

 

The judge has not Stayed this yet, although I still think he may at the hearing. But if you fail to defend/counterclaim now, you may lose the chance to reclaim the charges in the future.

 

I'll be back later and will add more if you need it. Read the Court Bundle guide in my signature below.

Edited September 15, 2009 by slick132
added "counterclaim"

[steven4064]

Just to clarify the interest issue - if charges are unlawful then any interest on them must be unlawful too. Therefore you can recalim charges and interest on them. Normall, you have to divide up the overdraft interest between 'legitimate' interest and interest on charges. However, if the OD is entirely made up of charges and interest on them, then you can reclaim the lot.

 

If you file in court, you can add interst at 8% under s69 of the County Courts Act on both as well.

[Luxxinterior]

Just to clarify the interest issue - if charges are unlawful then any interest on them must be unlawful too. Therefore you can recalim charges and interest on them. Normall, you have to divide up the overdraft interest between 'legitimate' interest and interest on charges. However, if the OD is entirely made up of charges and interest on them, then you can reclaim the lot.

 

If you file in court, you can add interst at 8% under s69 of the County Courts Act on both as well.

 

Thanks Steven...

Can we still claim on something we never paid in the first place? We never paid the charges at all, so can we still claim or just get them to reduce the balance to zero?

 

Regards

[Luxxinterior]

Luxx, you really mustn't drop this one. It's worth too much

 

The judge has not Stayed this yet, although I still think he may at the hearing. But if you fail to defend/counterclaim now, you may lose the chance to reclaim the charges in the future.

 

I'll be back later and will add more if you need it. Read the Court Bundle guide in my signature below.

 

Hi Slick,

The problem is time... Everything here seems to about bringing a claim not defending one. I have already read that link (which is great btw ) but cant figure out how to build a defence not a claim??

 

They want to charge my wife over £4k in bank charges and apart from saying "theyre not lawful" I do not know how to defend.

 

I know I have left this one very late ....as per usual ....although to be fair, the new baby is very demanding and I am trying to do the right thing all round here.

Edited September 15, 2009 by Luxxinterior

[slick132]

Hi Luxx,

 

We need to focus on the Defence first, which has to be in by the 18th. You'll then have further time to get your court bundle in on time, by the 24th September.

 

Once the defence is filed and served (at court and to the bank respectively) you'll then have to work on the court bundle which involves a lot of printing and paper. So make sure you're well-stock on paper and ink.

 

As I see it, the defence will actually be a counterclaim. So on all the submissions to court, the normal order of names will be reversed - so, you'll file a defence (which is normally a POC) but you'll be the defendant and the bank will be the claimant.

 

Can we still claim on something we never paid in the first place? We never paid the charges at all, so can we still claim or just get them to reduce the balance to zero?

You have to reclaim the charges, or the bank will effectively have them confirmed as valid AND collectable. Whether you actually get anything repaid will be dealt with later.

[Luxxinterior]

Hi Luxx,

 

We need to focus on the Defence first, which has to be in by the 18th. You'll then have further time to get your court bundle in on time, by the 24th September.

 

Once the defence is filed and served (at court and to the bank respectively) you'll then have to work on the court bundle which involves a lot of printing and paper. So make sure you're well-stock on paper and ink.

 

As I see it, the defence will actually be a counterclaim. So on all the submissions to court, the normal order of names will be reversed - so, you'll file a defence (which is normally a POC) but you'll be the defendant and the bank will be the claimant.

 

You have to reclaim the charges, or the bank will effectively have them confirmed as valid AND collectable. Whether you actually get anything repaid will be dealt with later.

 

Hi Slick... thanks so much for checking in.

I am trawling through the site by searching for "bank charges defence" but again still only finding claims.

Does a counterclaim not carry a charge with it? Or is that ok when using it as a defence?

 

I feel so bad having to ask questions that thousands of others will know the answers to already. I seem to have started fighting in reverse.... complicated claims first.... then when it comes to simple stuff I am lost.

[pompeyfaith]

Hiya Lux,

 

Just a little note:

 

Once the defence is filed and served (at court and to the bank respectively) you'll then have to work on the court bundle which involves a lot of printing and paper. So make sure you're well-stock on paper and ink.

 

If you have to buy these get and keep receipts for any costs you claim.

 

Regards

 

PF

[Luxxinterior]

Hiya Lux,

 

Just a little note:

 

 

 

If you have to buy these get and keep receipts for any costs you claim.

 

Regards

 

PF

 

Thanks Pompeyfaith..

 

I was just jokingly saying the same thing to my wife yesterday morning as we hurriedly printed off 100 pages for 3 copies of a witness statement for our NR summary Judgement Hearing... But youre right it does add up...and very quickly.

I will certainly keep track of our stationary requirements.

 

Thanks for the advice

[slick132]

Hi Luxx,

 

Please see my PM to you.

 

[slick132]

You should use the POC from here - http://www.consumerforums.com/resources/templates-library/48-bank-templates/113-4-particulars-of-claim-n1-updated-version-now-available

 

Adapt it to suit your case and AMEND it to change every reference from "the claimant" to "the defendant" and vice versa.

 

The spreadsheet you linked to above will suit your needs just fine, given that the a/c balance is made up entirely of charges and interest thereon.