Matt Vs RBS..... Round 2

[matt_smith2000]

Hello

 

Please can i have some advise. It would appear as if RBOS truly are inundated with claim requests.

 

The LBA was sent on the 2nd of December to which e got a 'dealing with your request' letter to just after new year.

 

I gave them one more week, and on the 11th January, filed a claim, due to be served on the 16th January. On the 18th of January, I get an offer letter for the full amount, £2933

 

do I:

 

Take the offer as it stands

 

Take the offer, but see if they will add on the £130 court fee, and I'll then waive the interest

 

Go the whole hog, and get the charges back plus the court cost plus the 8%, taking the claim to aroung £3750

 

Its very very tempting, as the whole CPR18 Cobbetts stuff seems daunting.

[matt_smith2000]

OK.

 

Just phoned RBS customer relations. the number was on the offer letter.

 

They hadn't received the court letter yet (although it was deemed to have been served on the 16th January). I said I would accept the offer if it included the court fee of £120. They said no way jose.

 

Advised them that if i let the court claim run its course, there would be an extra £600 in interest + £120 court fee that they would probably pay up. They weren't interested.

 

I need to book the summer holiday for the family in a couple of weeks, so right now, this is looking very tempting if I take a hit on the court fee.

 

What does anybody think?

[mbdiss]

it is up to you. If you feel that you can take the hit on the court fees then take there offer no one on here is going to tell you what to do. i wouldn't but then thats just me.

[Guest willowb]

RBS said the same to me a week before they paid the whole £3,257.00 back to me.

 

IMO...hang in there! but as mbdiss said it is up to you!

 

Wxxx

[matt_smith2000]

OK then. In for a penny, in for a pound.

 

I will draft a letter of rejection, and state that a claim has been made, and advise them of the claim number.

 

How long does it normally take from this stage?

[matt_smith2000]

Does this look OK as a letter of rejection:

 

Response to Settlement Offer.

Dear Sir/Madam

 

Thank you for your letter dated 16/1/07. However, due to the length of time in receiving a response to my Letter Before Action (LBA), I have filed a claim for the outstanding amount with Moneyclaim Online. The claim is deemed to have been served by the courts on the 16th January 2007.

 

For your benefit, the claim reference number is: 7QZ03963

 

I respectfully decline your offer of settlement and now request the entire amount of £2996 (this includes a further 2 charges over and above those sent with my LBA), plus the 8% APR statutory interest I am entitled to claim, and the court costs of £120. This brings the total claim to £3769.

 

Please find attached a copy of a spreadsheet detailing these charges.

 

I trust this clarifies my position.

 

 

[Guest willowb]

Looks fine to me, but just slip in somewhere that you'll accept is as a part payment of the full amount.

 

Wxxx

[matt_smith2000]

Just got a bank statement. The bloody bandits have relieved me of another £28, just because I went £1 overdrawn.

 

Phoned the bank up to see if they would refund it. Nope. Daylight robbery.

 

On a further note, I will be screwing RBOS for £800 on a mis-sold PPI after this little escapade is finished. I HATE RBOS. My loan would have been paid of this year if it wasn't for the PPI. As it stands, I'm looking at autumn 2009.

 

Read a story in the paper about some baliffs visiting a RBOS branch somewhere in the country, earlier this week. Apparently, the manager wasn't in the office at the time, and a load of computers got took away. Brilliant.

[matt_smith2000]

Right. The MCOL time is up tomorrow, at midnight I guess.

 

So I will be entering a Judgement by Default. What does this mean in terms of a timeline to getting my money back? Does it mean I've effectively won?

 

Can I send the baliffs in after tomorrow?

 

Can they still acknowledge the claim after the 30th January deadline?

 

I'm reading the notes on the MCOL site, but no where does it state when baliffs can be used (I think), unless its this requesting a warrant of execution.

[Guest willowb]

From my experience, RBS tend to enter their acknowledgement at the very last hour. I wouldn't be suprised if when you phone the Court tm that it will be sitting on the clerks desk....but you never know!

 

As for the RBS loan, have you asked for a copy of the signed agreement under CCA?

 

Wxxx

[matt_smith2000]

Hello

 

I have just phoned the courts up. They have until COP today to file a defence. If they don't I can file judgement by default.

 

The people at MCOL were genuinely helpful, to the point where I was told the best time to enter judgement, how soon judgement is usually in place, and how to issue warrants (if it comes to that).

 

Lets hope they don't file a defence.

[matt_smith2000]

Bugger.

 

They've acknowledged the claim. They have a further 14 days.

 

Looks like I'm waiting a letter from Cobbetts then.

 

Oh well.

[matt_smith2000]

Quick question

 

I issued the claim on the 11/1/07. The claim was deemed to be served on the 16/1/07. It gave them 14 days to file an acknowledgement, which they did today.

 

This gives them 14 additional days, making the deadline 13/2/07? or is it 28 days from when they acknowledged the claim, making it the 27/2/07?

 

I think its the 13/2/07.

[matt_smith2000]

Hello

 

Does anybody know if my dates above look OK?

[Guest willowb]

Hi Matt,

 

They have 28 days from the date your claim was deemed served, 16/1/07 to file a Defence.

 

Good luck

 

Wxxx

[matt_smith2000]

I need it!

[matt_smith2000]

Oh well

 

I received a notice of acknowledgement with an intention to defend the claim through the post today. A firm calling themselves Cobbetts LLP are defending the defendent, with an intention to defend all of the claim.

 

I hear Cobbetts LLP have made quite a name for themselves on this forum.

 

let battle commence...........

[Guest willowb]

Usual stuff Matt, just wait for the offers now....usually half your claim and then increasing until you get a cheque through the door for the full amount:D

 

This has been my experience anyway!

 

Wxxx

[matt_smith2000]

Well, their additional 14 days is up midnight next Tuesday.

 

In anybodys experience, do they usually defend by now? or will it be like when i checked MCOL when the first 14 days was up, and they'd acknowledged sometime between 10:30 and midnight?

 

Anyway, getting my AQ stuff ready in any case. Which one to follow though, the new layout? it looks a little daunting. I've also got the court bundle stuff ready.

[matt_smith2000]

They have decided to file a defence. The case will be transferred to my local court, in this case Rotherham I hope.

 

I haven't received anything through the post yet, but fully expect something tomorrow, with AQ.

 

Oh well. I was hoping to have this wrapped up by tonight, but no such luck.

 

I have the court bundle downloaded, so is it best to follow the new method for filling in the AQ?

[Guest willowb]

Have you read the thread? I subscribed and then unsubscribed because I'm so busy at the mo but I'm sure it would be a good idea to include it.

 

Don't worry about the Defence, it'll be the usual claptrap....just be positive, it won't be long now you'll see!

 

Wxxx

[matt_smith2000]

Ahh. I see. it depends which AQ they send out, with the N149 being simpler than the N150. Include directions if its the N150.

 

Can directions be included in an N149?

 

Sorry if I sound like a numpty

[Guest willowb]

I don't know Matt, you'd either have to read BFs thread and find the answer or pose the question there, I'm sure someone will tell you:)

 

Wxxx

[matt_smith2000]

Just got the defence.

 

Christ Almighty.

 

This is really scary stuff.

 

I'll read through it now, and pick out details I mat need help on.

[Guest willowb]

Can you not scan it and post?

 

Wxxx