RBS taking me to court - *Struck Out* ** New claim issued by RBS **

[dpac123]

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.

[AndyOrch]

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.

 

[dpac123]

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?

[AndyOrch]

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)

[dpac123]

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?

[DonkeyB]

Defend it anyway – stick to the court timetable. Once a defence is in, you have an advantage anyway regarding any subsequent actions, and re costs.

 

And yes, wasted costs from Shoosmiths. LiP rate of £18 an hour.

[AndyOrch]

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

[DonkeyB]

It’s a £25k claim, is it not? Anyway, they have acted unreasonably, so costs could be justified even on SCT.

[dpac123]

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".

[dpac123]

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".

 

Claim is nearly £27k.

[dpac123]

I got the notice of discontinuance from Shoosmiths and Ascent Legal is still "on hold". Where do I start with counter-claiming? What form do I need? Many thanks,

[DonkeyB]

When does the Ascent defence have to be filed by?

[DonkeyB]

Anything doing here?

[dpac123]

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!

[AndyOrch]

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

 

 

 

 

Regards

Andy

[dpac123]

Thanks Andy, so no further action needed our end? Can we counter-claim for wasted time? If so, how...

[AndyOrch]

Which track was the claim in?

[dpac123]

It was a fast track claim even though it is slightly over £25k

[AndyOrch]

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

[dpac123]

Any template documents for bill of costs?

[AndyOrch]

Not really ......all are unique ...but check out post #85 here for guidance.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?405658-BW-Legal-notice-Stat-Demand-received-2-Credit-accounts-merged-**-SET-a-SIDE-COSTS-**/page5

[dpac123]

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 January 21, 2014 by citizenB

[dpac123]

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

Edited January 21, 2014 by citizenB

[tedney]

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 January 21, 2014 by citizenB

[citizenB]

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 January 21, 2014 by citizenB