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    • I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
    • Just be careful with your language on what you post here - Keep it above board Lets see what you send to the big boss. 
    • I made that payment on 13th Feb, then it all went down hill. 
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RBS taking me to court - *Struck Out* ** New claim issued by RBS **


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My wife received a notice of discontinuance from Shoosmiths through the post today, which is good news. Just waiting for the same from Ascent Legal who promised the same. Will keep you posted, and would then appreciate some advice on how to claim costs so that we can get RBS off our backs for good.

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My wife received a notice of discontinuance from Shoosmiths through the post today, which is good news. Just waiting for the same from Ascent Legal who promised the same. Will keep you posted, and would then appreciate some advice on how to claim costs so that we can get RBS off our backs for good.

 

:thumb:

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Just got this email from Ascent Legal:

 

Dear Madam,

 

We refer to your telephone conversation with this office on 12th September and write to confirm that our file has been placed on hold pending our clients further instructions.

 

We shall revert to you as soon as possible.

 

Yours faithfully

 

Ascent Legal

So we have submitted a defence which has been received at Northampton (Royal Mail tracking) and both Shoosmiths and Ascent Legal have confirmed things are discontinued or on hold - now what?

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Check with the court that they have received Shoos NoD with regards to Ascent putting on hold..... this means nothing the claim proceeds.(until they issue a NoD)

We could do with some help from you.

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Got this email from Ascent Legal: Dear Madam, We refer to your email of 16th September and write to advise that, as yet, we have not received instructions to discontinue the proceedings. However, we can confirm that they have been placed on hold pending our clients instructions. We trust this clarifies the situation and will revert to you as soon as possible. Yours faithfully, Ascent Legal.

Do we still hit Shoosmiths for costs? This could be "on hold" for a very long time and still hanging over us?

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Got this email from Ascent Legal: Dear Madam, We refer to your email of 16th September and write to advise that, as yet, we have not received instructions to discontinue the proceedings. However, we can confirm that they have been placed on hold pending our clients instructions. We trust this clarifies the situation and will revert to you as soon as possible. Yours faithfully, Ascent Legal.

Do we still hit Shoosmiths for costs? This could be "on hold" for a very long time and still hanging over us?

I thought they had discontinued?

 

Unless the claim is above 10K no wasted costs in SCT

 

Regards

 

Andy

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I thought they had discontinued?

 

Unless the claim is above 10K no wasted costs in SCT

 

Regards

 

Andy

 

 

The previous claim from last year was discontinued and we have the paperwork from the court for that. This latest claim from Ascent Legal is "on hold".

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  • 3 weeks later...
  • 2 months later...

Hi, it's all been quiet for a while but received a letter just before Christmas from Eversheds giving my wife an inc/exp form to offer monthly payments. It also refers to an "open letter" of the date, which we never received. I responded to say the case had already been struck out and that unless they are going to answer the questions the DJ asked them, which they never responded to, I would not communicate further. Eversheds have taken over, not sure under whose authority and I am not sure where Shoosmiths and Ascent now fit into the picture.

 

 

Then we received a notice of transfer of proceedings from Northampton stating: "This claim has been transferred to Brighton County Court as the CCBC Sol is No Longer Acting".

 

 

I am getting tired of repeating the same old stuff to new solicitors or agents that keep on popping up. I don't know who is actually authorised to act for RBS, the case has already been struck out and our defence is exactly the same as before i.e. no valid default notice, violations of Banking Code re: closing our accounts, forcing payments through to create a fee, no overdraft facility papers, etc.

 

 

Your help would be much appreciated again!

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Ignore Eversheds dpac and with regards to the transfer that will be for administration purposes only...the claim is struck out.

 

 

 

 

Regards

Andy

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Which track was the claim in?

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Prepare a bill of wasted costs and send it to the solicitor (informally) that was acting see what response you get.

 

 

CPR 43-48

 

 

Regards

 

 

Andy

We could do with some help from you.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 2 weeks later...

OK, my wife has just received a General Form of Judgement or Order stating that the case is allocated to fast track and that a list of directions hearing with a time estimate of 30 minutes to deal with the issues raised in the defence and give directions. There is also a Notice of Hearing for 3rd March. Does she really need to go to court to re-iterate what has already been said for a case that has already been struck out and where she is only one of two parties on the loan agreement? Please advise...

Edited by citizenB
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Does she really need to go to court to re-iterate what has already been said for a case that has already been struck out and where she is only one of two parties on the loan agreement?

In my limited experience, I would say that attending the court would be best. No guarantee that the judge would know about the previously struck out case, and the full details can be properly presented. I would also suggest that you attend too. I had a similar experience, the only difference was that I also had a separate claim issued to me for the same account. I asked the judge, and he agreed, that I could speak for both myself and my wife. Perhaps if you explained to the judge the claim in question is for a joint account, and that you think the claim has been brought in a vexatious (?) manner he might be sympathetic. JMO.Good Luck t.

Edited by citizenB
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PS. Can they really try to resurrect a case that has been struck out?

 

Sorry, I havent read back over the thread.. why was the original claim struck out ?

Edited by citizenB

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