countrybake v rbos

[jonni2bad]

Well, I cannot see that there is anything amiss with the PoC.

 

Since you have requested the removal of a default in relation to this, you might wish to expand on that issue and I can provide you with a letter for the attention of the bank/court which gives guidance as to the sections of the DPA that are applicable for the removal.

 

I see no reason why a Judge would consider striking this claim out though, so perhaps they are either confused or simply trying to frighten you.

 

Have you received their defence?

[countrybake]

thanks jonni for the calming response you have gave.

yes i would like a template for the court/bank and yes i have got their defence would you like me to forward it to you

once again thankyou very much

[jonni2bad]

Sent you PM

[countrybake]

update:

well after sending a template letter kindly pased to me by jonni2bad (thankyou very much for your help) i have today been sent an offer of £1700 and no mention of the default removal.

So i have today sent them a letter saying noway hosay all of it and the default and no conditions attached or seeya in court

[countrybake]

i now have a court date of 19th Mar 2007 2pm with the usual order from the judge for documents by 4th feb 2007, so it should be all over by then

 

i hope they pay up before it reaches feb otherwise i will have a lot of printing to do with 3 copys of court bundle etc

[countrybake]

i am doing my court bundle and i am wondering what a statement of evidence is.

is it a witness statement any help would be appreciated

yours CB

[countrybake]

220 pages times three have been sent off now. thank *#=* for that

yours cb

[countrybake]

well today i received a cheque payable to myself but with my old ac. no. on after the name i would,t be able to put it into any ac. but it was £980 short the ppi part they won't pay this but they will overturn the default .

i have a few options here say resend a cheque for full amount without ac. no.'s on or i could say i will accept but open ac. to pre default and cary on as normal it was a good ac. with gold card.

what do people think.

thanks in advance CB

[countrybake]

this was in the letter cobbets sent:

We can confirm that if there are any defaults from credit reference agencies soley in relation to those defaults issued due to the alleged charges, our client will remove these from the claiments account.

does the above sufice to a default removal or do i need more.

any help at this stage would be very much eppreciated.

Thanks CB.

[countrybake]

Heres my response letter going tomorow

 

 

Cobbetts LLP

Ship Canal House

King Street

Manchester

M2 4WB

 

WITHOUT PREJUDICE

 

22nd February 2007

 

 

Response to settlement offer.

 

 

You’re Ref: ************

Our Ref: ************

 

 

Dear Sir/Madam,

 

In the *****************

Countrybake-v-The Royal Bank of Scotland plc

Claim Number: **********

 

Thank you for your letter dated 20th February 2007.

 

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £******* plus **p interest at a daily rate from the 13th October 2006 which to the end of February is £***** totalling £******. And I am therefore returning your cheque because this claim is in 2 parts and must be settled together with the Default removal.

 

The cheque that was sent had my old account number on it this account is not there anymore and I must insist any future cheques that may be made are payable to Countrybake, with no account numbers at the end of the name.

 

The part where you mention about the Default removal this is to vague, I will require in writing that the Default that was issued on the Claimants account will be removed with all the three main credit reference agencies.

 

 

I am entirely confident that when this case is heard in a court of law, the judge will favour myself, as the charges are unlawful.

 

If you wish to settle this matter without further involvement by the Court, then please respond in writing to the above address stating your acceptance of my claim in full and without additional conditions. If the full amount is paid, by way of personal cheque, and the Default Notice is removed from my credit files, then I will write to the court and bring my action to an end.

 

I trust this clarifies my position.

 

 

 

 

Yours faithfully,

 

 

 

Countrybake.

 

If anyone wishes to add any changes please feel welcome to do so as letter writing is not a skill that i am good at.

Thanks CB

[jonni2bad]

Cobbetts LLP

Ship Canal House

King Street

Manchester

M2 4WB

 

WITHOUT PREJUDICE (remove this)

 

18th December 2006 - (needs updating!)

 

 

Response to settlement offer.

 

 

You’re Ref: ************

Our Ref: ************

 

 

Dear Sirs

 

In the *****************

Countrybake-v-The Royal Bank of Scotland plc

Claim Number: **********

 

Thank you for your letter dated14th December 2006. - query!

I respectfully decline your offer of settlement. Please find enclosed cheque returned.

 

As you are fully aware, my claim is in 2 parts and they are intrinsically linked. In order to reach settlement out of court, I require that you meet the demands of both the monetary part of the claim along with a removal of the Default Notice placed on my credit reference files.

 

Please also note that the cheque supplied had an old account number on it. This account is closed. Any cheque supplied as settlement must be made payable to Countrybake only, without reference to a specific account number.

 

I am entirely confident that if this case is heard in a court of law, a Judge would find in my favour. The charges placed against my account were unlawful and subsequently any purported negative deficit on the account can be shown to be inaccurate. I as not, therefore, lawfully indebted to your client. I will seek the removal of the Default Notice under section 14 of the Data Protection Act (1998.)

 

If the full amount of my claim is paid by way of personal cheque and the Default Notice is removed from my credit files, then I will write to the court and bring my action to an end.

 

I trust this clarifies my position.

 

 

Yours faithfully,

 

 

 

Countrybake.

[countrybake]

wow thanks joni that is a much better letter than mine that is what i was thinking but it just don't sound right when i put pen to paper.

many many thanks CB

[jonni2bad]

p.s.

 

You mentioned earlier that you were unsure about the Witness Statement.

 

Did you complete one of these?

[countrybake]

yes jonni all done and dusted now thankyou

All the best CB

[countrybake]

Sorry for delay they paid up in full and removed the default with just 3 days to go until the court date.

i will do the servey and donation once the cheque has cleared.

keep up the good work everyone and stick to your guns they will pay up in full before the court date.

all the best CB

[superward]

well done. gives me hope! :D