Hydra-vs-RBS

[Sparkie1723]

Sorry Hydra

only got the Royalties Gold for 1998to2000

 

sparkie

[HydraUK]

Yes please mate, we have premier so I am sure it can't hurt

 

email in ur pm box in just a mo.

 

Thanks MUCHO

[Sparkie1723]

All the best mate stick it to them,

 

sparkie

[HydraUK]

Okay I've now got several copies of T&C. Thanks to all.

 

Thing is, not one of them says anywhere specifically about charges as they relate to breach of contract.

 

Do I need something else here? Or are these documents sufficient to satisfy the lack that was the main sticking point of the Lloyd's case?

[Sparkie1723]

Hiya Hydra ( thats a mouth fulli snt it?)

 

The Lloyds case again it failed because he claimed account charges NOT penalty fee charges i.e for boiunced cheques returned DD'S etc . he was trying to get the charges back for normal running of the account ( the monthly charge of £10 ,15 or what ever a month) the bank charged I think everyone will agree that you can't expect to claim them back unless that also is exorbitant and excessive , but all banks charge for that, he even tried to clam his over draft interest back when it had gone over drawn "natrually" not by penalty fees I think he just didn't do it quite right.

 

and I feel really really sick for the guy, cos I know how he feels, not to get it quite right.

 

But I'm with you matey

 

sparkie

[HydraUK]

Well, a fairly eventful morning. Managed to be late for the hearing because of a RTA about 6 cars in front of me on the way....

 

No problem, I got to see the Judge who accepted my apologies and informed me that he assumed from my correspondance I had no intention of dropping this and figured something has occurred to delay me. Thank Dog for common sense!

 

The upshot is...they now have another 28days to submit SD.

 

They also applied to have the court window moved out a month which was denied. Judge explained that they are getting more of these cases now, they are getting accustomed to the bank tactics and was well aware the bank are unlikely to actually go to trial.

 

Directions are to follow, at which point the trial date will be set. Judge has also told me the original case was to be for 2 hrs due to the Limitation issues, he now feels this should be no more than 1 hr because of the arguments put forward.

[Nell2609]

Gawd. May I ask, do you have a legal background or were you just winging it on a hope and a prayer? I only ask because, when I get to this stage, I will not have the first idea what to do.

 

So, another 28 days - did the Judge hint that the bank is likely to hold off until the eleventh hour again?

 

Hefty pat on the back for having balls of steel nonetheless!

[livelylad]

Well done settlement soon????

[scentinel]

WOW!! Talk about cojones! Go Hydra...you are an inspiration. So, drinks on you, eh?

[clakkers]

Excellent work , excellent...

 

Cannot imagine what you must have been going thru...

 

Well done!

[Sparkie1723]

Nice one Hydra,

 

That is brilliant news, looks like you are on your way to the "cup final!!!"

 

Cup full of gold dust.

 

sparkie

[HydraUK]

No legal background, just LOTS of assistance from our very capable MODS and members. Particular thanks to GlenUK, lively, mcuth, sparkie and various others.

 

However...not over the final hurdle yet, I'm still concerned with the Solicitors comment that the bank was scrutinising the schedule, not for the charges themselves, but for the cause of each charge.

 

And no, the Judge gave no indication of when they would pay - no way he could know - and yes I expect it will be another eleventh hour job.

 

All the more annoying because they've been telling me for 3 weeks to expect the cheque any day....

 

Thanks all.

 

Phil

[Sparkie1723]

HI Phil,

 

I think that "scrutinising" statement is another way of the Bank attempting to stall and slow everything up, I think that this is another idea & ploy that some bright ***** in the bank has come up with, to try and grind claims to a halt and try to make everyone say ...."Oh I give up , I'm fed up of waiting " and hoping that they will give up ......Don't .....keep at them and make them understand that you won't go away.

sparkie;)

[flyboy80]

Hi Hydra,

 

Well done mate for getting this far !!

 

Any update on this at all ??

 

Regards

 

Flyboy80

[HydraUK]

Nothing yet..and I've been a bit busy with work to phone/mither them.

 

Not had court order outcome from Friday's conference either...so their 28days hasn't even started yet I would imagine.

 

It's very frustrating because we thought we would have a cheque banked by now....

 

Still looking for guidance on 'Statement of Facts' though....

[flyboy80]

Hi Hydra,

 

Keep plugging away. It will happen for you.

 

Regards

 

Flyboy80

[HydraUK]

Quick update for those watching...

 

Received General Form of Judgement following case conference meeting, dated 30 May.

 

Upon hearing the Solicitor for the Defendant and the Claimant not attending

 

IT IS ORDERED THAT

 

1. Time for the Defendant's standard disclosure list is extended to 4.00pm on 29 June 2007.

 

2. Time for exchange of witness statements extended to 4.00pm on 13 July 2007

 

3. Pre Trial Checklists dispensed with.

 

4 Diary Manager to list within the trial window with the time estimate of 1 hour.

 

5. Costs in case

 

I have completed my witness statement and my own Standard Disclosure was submitted as per the original date (although Cobblers deny receipt! But hey, they managed to lose 2 pages of the schedule so it could be in the same pile as them.)

 

I now have a deep sense of resignation about the possible outcome of this case. Something is brewing here, I feel.

[Sparkie1723]

While you are waiting sit down and compile a chronlogical list of everything that has happened since you began your fight, I mean everything such as

 

date .........Cobbetts lose 2 pages of scedule

date .........Cobbetts deny receipt of dislosure

date ..... so and so happened

EVERYTHING...just in case you do have to go to trial, main thing about trial IT IS NOT AS BAD AS PEOPLE THINK IT IS, Its a bit daunting but thats all, and I was on the fast tack, wig and gowns and all that jazz. But

DO NOT GIVE UP

 

By the way this chronolgy is basically your statement of facts

 

sparkie

[HydraUK]

Hi sparks...just spent an hour catching up on yours and paulwltons threads.

 

Cheers for the pointer on SoF btw, been looking for info/guidance on that.

[HydraUK]

Big announcement shortly.....

[HydraUK]

Isn't it amazing how labour saving devices usually end up taking as long to set-up and use as just doing it hand-draulically?

 

Given up on the scanner now, so here's the short-hand version.

 

Dear Mr Hydra

our client: The Royal Bank of Scotland PLC

claim number: XXXXXXXX

 

We refere to the above matter.

 

Our client considers that your challenge to it's charges would fail in Court. Our client believes that it is holier than thou and blah de blah, accordance, agreement, published tariff, transparency, products. As such our client does not believe that your claim has any prospect of succeeding.

 

Subject to the above, although our client is confident that it will be successful at a final hearing, its legal fees will almost certainly outweight the value of the claim, and, as such, our client must take a commercial approach to such claims.

 

Accordingly, without admission of liability, our client is prepared to settle this matter in full to prevent incurring further legal charges. We enclose a cheque in the sum of £11,331.31.

Acceptance, goodwill, full and final, blah, on the basis that -

1. DON'T TELL NOBODY! SSHH THIS IS JUST BETWEEN YOU AND US

2. Withdraw claim

Please note, any future charges blah de blah, ad infinitum, ad nauseum.

Regards

Cobblers LLP

 

You'll all have to excuse me, because I now have to drive 25 miles for the pleasure of waving the cheque in my bank managers face while asking him to refund to £240 additional charges applied since I started.

 

Poor me....muwhahahahahaaaaa

[elsinore]

CONGRATULATIONS!!

 

That's marvellous, Phil!

 

What happened to that deep sense of resignation?

 

Els

[isidore]

Hey that is truly awesome.

 

Well done matey, you deserve every last penny of it.

 

Congratulations.

[brightestsparkler]

Congratulations!

Well done!

[Nell2609]

Oh. My. Word!

 

Excellent news, Phil. Thrilled for you (and the doubting Mrs)!