WillowB v RBS*****another WINNER ****

[Guest willowb]

Just read it's the 20th Nov......that seems like a heck of a long time.....

 

I remember reading your thread before, there's alot of useful info on it.

 

Wx

[charlie102]

hi, ive been charged approx 200 pounds from HSBC over the last two year from going over the overdreaft, and unpaid direct debts.

 

 

and over the last six month from my barclay card for going over by something really stupid like one POUND! so what can i do about? and where do i go from here?

[davidhannam]

hi, ive been charged approx 200 pounds from HSBC over the last two year from going over the overdreaft, and unpaid direct debts.

 

 

and over the last six month from my barclay card for going over by something really stupid like one POUND! so what can i do about? and where do i go from here?

 

 

look in the hsbc and barclays forums..... get all info youll need there

[Guest willowb]

Hi Charlie :>)

 

First you need to read the FAQs and where you'll find step by step instructions etc....then you need to read up on the threads posted in the section for HSBC etc.....start your own thread in each relevant bank/institution section and keep to that thread when you need to ask questions so that everyone knows where you're up to.

 

Good luck

Wx

[binkhus]

good luck everyone

[Guest willowb]

You too Binkhus....ooooh I feel all warm inside! LOL

 

Wx

[Guest willowb]

Ok....the next installment on my show!!! LOL

 

A letter I received back from Cobbetts today...

 

We note your comments on our request for further information. Please note that part 27.2(1)(f) applies subject to paragraph 3 of part 27.2, which states that the court of its own initiative may order a party to provide further information if it considers it appropriate to do so.

 

Errrrrrm.....it wasn't of the courts initiative though was it? it was of cobbetts iniviative....am I right?

 

It is our client's contention that your particulars of claim did not properly particularise your claim. For example, our client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportionate and unreasonable.

 

But I did give them the particulars of my account and a spreadsheet detailing the charge title, date, days since offence and interest applied.....what more do they want???

 

the Court is bound by an overriding objective to deal with cases justly and ensure that all parties are on an equal footing. It was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars (BUT I DID!!! ). Our client therefore objects to your allegation that the request is intimidating.

 

 

 

What should I make of this? How should I respond? I need some advice about what the implications of this letter are please!!!

 

Wxx

[Guest willowb]

anyone?

 

Wxx

[westable]

is it just a letter from cobblers? or is it from court.

 

sounds rather threatening, may be worth speaking with the court.

[Guest willowb]

It's from Cobblers (haha like that! ;>))

 

Ooh gosh speaking to the court? hummmm should I copy the letter and send it to the court asking their advice?

 

I just don't know really!

 

Wx

[westable]

i'm not entirely sure. Have you received allocation questionnaire?

[Guest willowb]

I sent it off over a week ago, I don't know if they've sent theirs in yet.

[westable]

what date did it say it had to be back?

you should also try the chat room CAG have, its helpful.

[Guest willowb]

It scares me! :>/ LOL

 

I think I'll wait for Davefirewalker or someone to have a look, I've gotta go and take the kids out now. Thanks anyway Westable :>)

 

Wx

[Guest willowb]

D'oh....come on mod people perleeeease take a look at the above letter from Cobbetts for me???...

 

Wxx

[Guest willowb]

Guys! you're breaking my heart here! :>( please have a look or I'll start pming with a vengance....I have had 2 glasses of wine!!! LOL...only kiddin' tee hee...come on...what do you think?

 

Wx

[davidhannam]

cant remember where, and who's thread it was on but i saw an identical letter from cobbetts to someone else

[Guest willowb]

D'oh you had me all excited then!!!....LOL....what's a girl to do?

 

Wx

 

anyone else? hahahaha 3 glasses of red now and the pming mods part is starting to look rather real! ;>)

[davidhannam]

here u go, i actually copied that letter ages ago when i was writing my reply to cobbetts, so they wouldnt just reply with same thing

 

its pac1208's thread and it talks all about it.....

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/4959-pac1208-rbs.html?highlight=Part+27.2%28f%29

[Guest willowb]

Thanks David for taking the trouble to find that :>)

 

Yes I remember this thread....he had the same letter didn't he? Bloomin' eck though, I can't make head nor tail of his response to it (maybe it's the wine LOL!). My particulars of claim entered on moneyclaim were set out the same and I've sent them all the relevant info as far as I know so now I don't really know how to respond!

 

Wx

[Guest willowb]

can a mod or someone please look at this letter for me? I've copied it below.....

 

We note your comments on our request for further information. Please note that part 27.2(1)(f) applies subject to paragraph 3 of part 27.2, which states that the court of its own initiative may order a party to provide further information if it considers it appropriate to do so.

 

Errrrrrm.....it wasn't of the courts initiative though was it? it was of cobbetts iniviative....am I right?

 

It is our client's contention that your particulars of claim did not properly particularise your claim. For example, our client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportionate and unreasonable.

 

But I did give them the particulars of my account and a spreadsheet detailing the charge title, date, days since offence and interest applied.....what more do they want???

 

the Court is bound by an overriding objective to deal with cases justly and ensure that all parties are on an equal footing. It was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars (BUT I DID!!! ). Our client therefore objects to your allegation that the request is intimidating.

 

Advice please PLEASE!

 

Wx

[Guest willowb]

Thanks honey:)

 

Yes this was in response to a letter I sent them re part 18.

 

The particulars of my claim (as in what I entered on moneyclaim?)...

 

You have a contract with the defendant bank dated XXXX and which is conducted on their standard terms and conditions. You are claiming the return of money taken by the defendant in the way of charges over the last xx years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

You have repeatedly asked the bank to justify their charges but they have declined to do so.

 

I copied and pasted it in and then filled in my particulars.

 

What do you think?

 

Wx

[Guest willowb]

yes

[Guest willowb]

Hi...I'm there now but can't work out how to pull that info up!!! d'oh

[Guest willowb]

got it but it won't let me copy and paste! errrrm copy.