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okay history first

 

over the last 6 years

 

I have incurred the following charges in the following catergoris

 

Upaid Fees - Mis-use - Referral - Interest -Unknown

 

it all comes to about 4.5k

 

here what i did

 

1. I sent letter one asking for statments -RBS posted within 30 days

 

2. Posted my £10 for the S.A.R - (Subject Access Request) - Re. RBS letter asking for £10 S.A.R - (Subject Access Request)

 

3. sent letter two - asking for my money - RBS requested breakdown of unfair fees

 

4. Sent full detailed list - RBS claimed they were fair and see me in court

 

5. Told to claim at registered office - went to www.moneyclaim.gov.uk cannot cliam against address in scotland

 

6. claimes against uk london head office address

 

7. waited 28 days for defence

 

8. claimed judgement on same day they defended (day 30 duh)

 

9. judgement rejected and referred to altrincham county court by money claim

 

10. sent big letter from rbs solicitors saying they are within there rights and will fight it

 

11. feel beaten and need legal help but cant afford it - to defend my case

 

12. need help from someone somewhere - would use a solicitor if they would take payment if i won they case (and a fair amount)

 

anyone out there who can help me

 

thanks

 

iain

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It's not quite clear what has happened here but it here is how it reads to me:-

 

1. You lodged a claim against RBS for £4500.

2. They failed to enter a defence within the alloted time frame so a judgement was awarded against RBS in your favour.

3. RBS applied to have the judgement set aside and succeeded in getting this.

4. RBS have now contacted you (or their solicitors have) and have stated that thei charges are fair and they will be defending the action.

 

Is that a fair assessment of what has happened?

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Ian,

Sorry that you feel beaten but hey,people are making good progress with RBS,check out Stacy Mason's thread on RBS forum,she was recently settled in full by RBS and she is in England,there is also others which are also close to being settled.

I think you need to take some time to breath and regroup your thoughts,read read read,its all in here,we will beat them so dont get beaten down that is what they want,this is our time to claim back all our hard earned cash,

 

Any way chin up,do not stop.

 

Regards

 

Stewart :)

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Dont get down, your doing well :) . They have submitted a defense is all.

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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This sounds like nothing out of the ordinary. Read through the successes forums and you will see many claims get to this stage, and further and get settled in full before the court date.

 

Next you will receive the Allocation Questionnaire. Complete and return with payment. Send in photocopy of the AQ along with your schedule of charges to the solicitors, then sit back and wait. Settlement does come.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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thanks guys that gave me a well needed lift! Yes Rob that is pretty much what happened

 

I will read through the forum and continue the fight - It would sure be worth it in the long run!

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11. feel beaten and need legal help but cant afford it - to defend my case

 

12. need help from someone somewhere - would use a solicitor if they would take payment if i won they case (and a fair amount)

 

Dear Lord, why would you want a solicitor? Is he likely to be as determined as you to get your charges back? And why throw away a large chunk of you cash at someone else when all it takes is a bit of determination, LOTS of reading on here and the cost of a few stamps, and, I'll be honest, quite a lot of paper and printer ink ;-)

 

Of COURSE, the solicitors wrote a big letter and said they would defend, and bla bla BLAH! That's what they get paid a lot of money to do!

 

But think of it this way: So far, every single person on this board who has had the same type of letter (some more threatening, some less) has had their money back without going to court. Plenty more will.

 

Can you clarify this?

 

8. claimed judgement on same day they defended (day 30 duh)

 

9. judgement rejected and referred to altrincham county court by money claim

 

You agreed with Rob S that the judgment was set-aside, but is that the case? I read it that your application for judgment was refused as they had lodged a defence within the prescribed time (more or less :rolleyes:). They are 2 very different things and need to be dealt in a different manner, so please tell us which one it is. Thanks.

 

 

If it is, as I suspect, just a normal court hearing thingy, just keep on reading, and you will see that hundreds, maybe thousands, are in the same boat as you. Don't panic, they have not beaten you, they will not beat you.

 

PS: Moved your thread from "General Consumer Issues" to "RBS forum". And I have changed your title to something less defeatist, as we have now established that in fact, they have NOt beaten you. Quite the reverse. ;-)

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hi Bookworm, thanks for your reply, very useful indeed!!

 

yes to clarify the points 8 + 9

 

I filed for judgement on day 30 at 7.30 am on moneyclaim.co.uk

it was the same day the defence letter arrived at moneyclaim so they rejected the judgement .

 

They have now posted me the questionairre and have since passed me over to Altrincham , i am going to fight and win!!

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Right, ok, so not a set-aside then. Cool. Much easier that way.

 

Keep on reading then, and don't worry, all normal, business as usual. ;-)

 

There is a guide by Jonni2bad on how to fill in the AQ, have a good read and holler on here if you need help.

 

Yes, you ARE going to fight and win, that's the attitude! :-D

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  • 3 weeks later...

latest news - ps looking very good!! :)

 

I filled in the AQ questionaire and used the correct payment excel spreadsheet template from this site , sent this information to the court and have since recived a pay off letter from cobbets

 

they have offered over half of the disputed amount (not including court costs)

should i go to court and see what the outcome is or send them a letter asking for more money and i will cancel the court case! (maybe 2/3 of the case)

 

cheers

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