Louise vs RBS

[alangardner]

Hi,

 

From what I can find on the site with my limited patience, I can only find a 'particulars of claim' template that totals around 1800 characters, albeit a very good one. When I have tried to file a claim with MCOL, they have a maximum of 1080 characters and a 24 line limit. I have summarised the main points and a copied version of my claim is below - the line limit is 24, but there are a few characters left. Please advise what you think, although it has worked once already

 

Claimant had account-******** with

Defendant-opened around August1999,closed

around May2006.Whilst Account was open,

Defendant debited charges to Account

(purported breaches of contract on part of

Claimant)+interest on charges once applied.

Claimant understands that Defendant

contends; charges were debited in

accordance with terms of contract between

itself and Claimant.Claimant contends

that:The charges debited are punitive in

nature;not genuine pre-estimate of cost

incurred;exceed any alleged/actual loss to

Defendant(any breach of contract);are not

intended to represent loss,but to unduly

enrich Defendant.Contractual provision that

permits Defendant to levy such charges

unenforceable by virtue of Unfair Contract

Terms in Consumer Contracts Regulations

(1999),Unfair Contract Terms Act1977+common

law.Claimant claims:the return of the

amounts debited-£***+any interest charged

thereon;Court costs;£10 Data Protection Act fee;Interest

pursuant to S.69 County Courts Act.

[louiseashton]

ok folks, after much awaited time i have a new set of letters from the cobblers.

 

1 letter says they are filing defence and basically says my particulars were not particular enough ( i know they were) and another letter offering a goodwill gesture of 1200.....

 

i'll get back as soon as i make out whats goin on (aaaaagggghhhhhh)

[louiseashton]

ok i got a letter saying the bank have filed a defence, saying i have not disclosed resonable grounds for bringing a claim on the bank charges. here i can't make sense of it...

 

 

Defence

1. The defence is filed and served without prejudice to the defendant's case that the particulars of claim do not disclose reasonable grounds for bringing a claim against the claimant to recover bank charges referred to in the particulars of claim or any other sums. In the event the claimant does not properly particularise his claim then the defendant will apply to strike out the claim and summary for judgment in respect of the same.

2. On allocation the defendant invited the court to direct that there be a case management conference in order for the court to consider the making of appropriate orders to give the claimant opportunity to properly particularise her claim.

3. No admissions are made as to what charges have been debited to the claimant’s bank account.

4. The defendant is embarrassed by the lack of particularity pleaded in the particulars of claim to the extent that the particulars of claim fail to disclose reasonable grounds for bringing a claim against the defendant. The claimant is required to identify the common law, statutes and consumer regulations that she alleges are unlawful. Until such time as these statutes/regulations and the provisions therein are identified the defendant cannot plead to the allegation within the particulars. The defendant therefore reserves its right to plead further to the allegation once (and if) the claimant further particularises his claim.

5. save as hereinbefore appears the defendant joins issue with the claimant on her claims and denies that it is liable to the claimant is alleged or at all

 

 

 

then a few days later i got a letter offering a goodwill gesture of 1200 quid with all the usual jargon but it also said that they believe the challenge would fail in court. i think this is a put off tactic but i am very unsure as to what to do next.

 

what is my next step?????

 

thanx for all your time

[BaldyBaldwin]

did you send a schedule of charges??

[gizmo111]

what exactly did you put in POC?

[Guest ian cognito]

Same old story, yawn, read the RBS and NatWest success threads, you'll get a distinct feeling of deja vous!!!

[Number6]

Louise

 

Can you post a copy of your Particulars of Claim on here please?

 

Then we can have a look and see what RBS are on about.

 

Pete

[louiseashton]

i have included everything i should have. and i used the templates for the POC so i know they're fine. i dont know what time they have left. my latest letter from the court said they have until 31/10/06 to file defence.the first letter (the defence letter(above)) was dated 27/10/06 then the gesture letter dated 1/11/06, i don't know what to do though... will i hear from the court? or do i have to do something? i looked at the template letter:- http://www.consumeractiongroup.co.uk...ent-offer.html

but the bottom bit saying the 'LBA deadline' has already passed

 

i am sooo totally confused. if i do send this letter what deadline do i give them?

and then what will happen??

 

please help

[louiseashton]

PARTICULARS OF CLAIM

 

 

1. The Claimant has 2 accounts 10045153 and 10095282 ("the Accounts") with the Defendant which was opened around May 1994.

 

2. During the period in which the Accounts has been operating the Defendant debited numerous charges to the Accounts in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Accounts are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £1982.55 (£1024.55 on 1045153 and £958.00 on 10095282) plus the interest applies to these charges in the sum of £215.57 total £2198.12;

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act 1984 at the rate of 8% a year as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

[gizmo111]

well it seems same as mine here http://www.consumeractiongroup.co.uk/forum/natwest-bank/41199-nat-west-2nd-claim.html except yours say's embarrased at lack of particulars which is obviuolsy not true as you have put it all there. i sent leter oday and copy to court.

[louiseashton]

yes i sent a full list of charges, POC all letters i have sent previously, i think it maybe a stalling tactic but i cant be sure can anyone help me as to what i do next? the bank says ive got until the 8/11/06 to accept the offer of goodwill

 

arg what now?? i hate banks they have too many posh words!! does any1 have a dictionary???

[gizmo111]

well you could write to them as I did andsee what comes back - write and accept their offer in partail settlement anyway - seems they are trying to confuse with too many things at once!

[louiseashton]

well you could write to them as I did andsee what comes back - write and accept their offer in partail settlement anyway - seems they are trying to confuse with too many things at once!

 

 

so should i say anything about a deadline??

[louiseashton]

Ok guys what d'ya think of this as my response???

Response to settlement offer.

 

to whom it may concern

Thank you for your letter dated 01/11/06

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totaling £2319.95

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

With respect to the letter dated 27/10/06 I believe I have stated the laws and statutes involved and have properly particularised my particulars of claim.

I trust this clarifies my position. I look forward to hearing from you soon

 

 

Yours faithfully

 

 

[gizmo111]

Ok guys what d'ya think of this as my response???

 

 

Response to settlement offer.

 

to whom it may concern

Thank you for your letter dated 01/11/06

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totaling £2319.95

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. you will continue court claim

 

With respect to the letter dated 27/10/06 , I acknowledge receipt of the enclosed defence, I believe I have stated the laws and statutes involved and have properly particularised my particulars of claim, therefore any application to strike this claim out will be vigourously contested. But for calrification enclose a further schedule and account no's. Up to you but I put that i would object to request for case MC and go straight for request for full hearing.

I trust this clarifies my position. I look forward to hearing from you soon

 

 

Yours faithfully

 

 

[louiseashton]

soz folks i adapted it a bit see what u think now pls

Response to settlement offer.

 

to whom it may concern

Thank you for your letter dated 01/11/06

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totaling - as of 6/9/06 £2198.12

(please be aware that I am charging interest of 8% per year plus interest of the same rate of 48p per day up until the date of judgment as stated in the particulars of claim (attached for your information)). I calculate that a further £28.32 has accumulated since 6/9/06 at the said rate. Total : £2226.44

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

With respect to the letter dated 27/10/06 I believe I have stated the laws and statutes involved and have properly particularised my particulars of claim.

I trust this clarifies my position. I look forward to hearing from you soon

 

 

[louiseashton]

omg sorry again this is the 1 i will send will some1 give it a once over before i do pls (sorry)

Response to settlement offer.

 

To whom it may concern

Thank you for your letter dated 01/11/06

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totaling - as of 6/9/06 £2198.12

(please be aware that I am charging interest of 8% per year plus interest of the same rate of 48p per day up until the date of judgment as stated in the particulars of claim (attached for your information)). I calculate that a further £28.32 has accumulated since 6/9/06 at the said rate. Total : £2226.44

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, I will continue the court claim.

 

With respect to the letter dated 27/10/06, I acknowledge receipt of the enclosed defence, I believe I have stated the laws and statutes involved and have properly particularised my particulars of claim, therefore application to strike this claim out will be vigorously contested.

I trust this clarifies my position. I look forward to hearing from you soon

[gizmo111]

few changes - fiddle a bit further until you are happy but don't forget to send another schedule.

Dear Sir/MAdam

Thank you for your letter dated 27/10/06 and 01/11/06

 

With regards to the letter dated 01/106 I respectfully decline your offer of

xxxx and once again request that your client returns all charges levied on this account. As of todays date this totals xxxx and continues to attract interest at a daily rate ofxx. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, through the court. I am confident should this reach a full hearing I will win.

 

With respect to the letter dated 27/10/06, I acknowledge receipt of the enclosed defence, I believe I have stated the laws and statutes involved and have properly particularised my particulars of claim, therefore application to strike this claim out will be vigorously contested. However for ease of reference I enclose a further schedule of charges, and confirm that I caliming on account no xxxxx and xxxxxx, sort code xxxxxx

 

I look forward to receiving your full settlement in due course.

 

yours faithfully

 

[louiseashton]

hi all,

today (8/11) i recieved a court allocation questionaire, it says i have to pay 100 quid to submit it, so i phoned the court and they said i can get a waver because i get tax credits which is good news. i have until 24 november to send it back but i'm a little worried about the defence the bank has sent. They reckon i haven't properly particularised my particulars of claim and say i show no reasonable grounds for submitting the claim. has anyone else had this same kind of thing? i have posted the defence earlier if you have a look and i have posted my particulars. please could someone have a look and tell me if anything needs to be done.

 

also at the end of the questionaire there is a space for any information i think will help the judge to manage the claim, anyone ideas of some good things to put in there???

 

help apreciated

[gizmo111]

hi all,

today (8/11) i recieved a court allocation questionaire, it says i have to pay 100 quid to submit it, so i phoned the court and they said i can get a waver because i get tax credits which is good news. i have until 24 november to send it back but i'm a little worried about the defence the bank has sent. They reckon i haven't properly particularised my particulars of claim and say i show no reasonable grounds for submitting the claim. has anyone else had this same kind of thing? i have posted the defence earlier if you have a look and i have posted my particulars. please could someone have a look and tell me if anything needs to be done.

 

also at the end of the questionaire there is a space for any information i think will help the judge to manage the claim, anyone ideas of some good things to put in there???

 

help apreciated

 

We have all had the same defence - suggested letter above.

AQ guide in templates library

[louiseashton]

hi gismo,

i have sent the letter, thanx for your help, i'm glad to know everyone gets the same response, i thought i'd have to do it all again.

 

cheers

[louiseashton]

hi, The amount i was claimimg for originally has gone up due to the 8% interest, but on my claim form it is still the first amount without the interest. will the court stand at the first amount? or what do i do about it? i did put in my particulars that i was claiming interest, will the court add it on???

[louiseashton]

hi, The amount i was claimimg for originally has gone up due to the 8% interest, but on my claim form it is still the first amount without the interest. will the court stand at the first amount? or what do i do about it? i did put in my particulars that i was claiming interest, will the court add it on???

[sonic007]

hi there all ive recently had a phone call from the royal bank of scotland about opening a account with them they have said they do not charge for d.debits or bounced cheques and would charge me 8.00 per month if l opened a acct with them can any body advise me if this is true?

 

s.mann

[Number6]

hi there all ive recently had a phone call from the royal bank of scotland about opening a account with them they have said they do not charge for d.debits or bounced cheques and would charge me 8.00 per month if l opened a acct with them can any body advise me if this is true?

 

s.mann

 

No idea Sonya, sorry.

 

I just had a look on the RBS web site and gave up in disgust. There's no straightforward account information or comparison.

 

Doesn't sound likely but you never know. Ring them tomorrow and ask?

 

Pete