Tannaku v RBS

[tannaku]

I have just noticed that at the bottom of the letter Cobbets say,

 

" Whilst this letter is written without prejudice save as to costs, in the event that you decline this offer, we will draw this letter to the Courts attention on the basis that we hold the firm view that this offer is entirely reasonable in the circumstances. This offer will remain open for 7 days until Friday 26 January 2007."

Perhaps I have answered my own question and that it would be wise to notify the Court.

Anybody reassure me?

[livelylad]

I have just noticed that at the bottom of the letter Cobbets say,

 

" Whilst this letter is written without prejudice save as to costs, in the event that you decline this offer, we will draw this letter to the Courts attention on the basis that we hold the firm view that this offer is entirely reasonable in the circumstances. This offer will remain open for 7 days until Friday 26 January 2007."

 

Perhaps I have answered my own question and that it would be wise to notify the Court.

Anybody reassure me?

 

You dont have to notify the courts, just keep copies of any letters you recieve and send for your court bundle. This is their standard tactic before they offer you the full amount. Not long now.

[tannaku]

Thanks for the quick reply livelylad. I was writing to the Court on another matter so it has saved me hanging about.

 

When you say, "Send for your court bundle," what does that mean?

Sorry if I come across as thick but I just try to take it one step at a time and keep to the timetable.

I do remember seeing something a while back in the library I think

[livelylad]

Thanks for the quick reply livelylad. I was writing to the Court on another matter so it has saved me hanging about.

 

When you say, "Send for your court bundle," what does that mean?

Sorry if I come across as thick but I just try to take it one step at a time and keep to the timetable.

I do remember seeing something a while back in the library I think

 

Sorry typo its meant to say send your court bundle.

[tannaku]

thanks livelylad,,, much appreciated

[tannaku]

Whoa,, got a bit of a shock this morning in a letter from Cobbets. They have enclosed a copy of their Allocation Questionnaire and in Section G, other information they have put,

 

"Case management directions cannot be proposed until the Claimant serves a Reply to the Request for Further Information whch was due on 16th January 2007.In light of this, the Defendant may amend its Defence or apply to strike out"

I sent them a reply on 10th January with this information. Does anybody think they are trying it on? Would I be wise to ring them up and arrange to fax them another copy? Also, should I inform the Court that I have already sent them this information?

 

I really didnt expect this because I have done everything as to the timetable and as far as I can see all the relevant information has been sent to Cobbets and the Court.

 

I would appreciate any comments

[tannaku]

Just bumping this up to see if anybody else has had such a reply from Cobbets.

I dont know whether they are just playing for time or have genuinely not received my reply to their Request for Further Information.

[tannaku]

Just remembered that I sent the reply to Cobbets, Request for Further Information by recorded delivery.

I went on the Royal Mail website and lo and behold, an electronic proof of delivery and a copy of signature.

So Cobbets are either incompetent or are telling porkys.

Any ideas how to handle this?

[ninekey]

yep, sounds like stalling tactic to me. Have you already filed your AQ? I don't see why allocation needs to be held up by a Pt 18 request. The reality of the matter, of course, is that Cobbetts and RBS very well understand the nature of the claim that you are making by virtue of the raft of cases of this sort that they are receiving. Accordingly, I doubt that any District Judge (on allocation or otherwise) would be impressed by this tactic!

[tannaku]

Thanks for the reply

 

Yes, I filed my AQ a few days ago.

I have supplied the Courts and Cobbets with everything necessary I think so I might just ring Cobbets and then make the Courts aware of what is going on.

What do you think?

[tannaku]

I thought I would update this and hopefully grab any advice going out there.

 

I re-sent all previous information to Cobbets, schedule of charges, reply to request for further information Part 18 etc along with proof of delivery for when I sent it all last time. Some of this stuff I have sent to Cobbets three times. Took the precaution of faxing everything as well. Also sent a copy of everything to the Court with a letter mentioning that Cobbets are either very inefficient with mislaying all this information or they are trying to use delaying tactics. Its now two weeks and since then all has been silent.

 

Is it worth ringing the Court to see if there is any progress. Perhaps an idea on a Court date or should I continue to sit tight ?

 

Any advice or words of encouragement gratefully received

[tannaku]

Just a quick one folks.

 

This present thread I am doing is for my daughter and at the minute it is all quiet after AQ, Part 18 stuff etc. and now waiting for a court date.

 

What I wanted to say was last week Abbey took £50 out of my own account for going overdrawn , direct debit default. It has never happened to me before and I suppose if I hadnt have found this site I would have just stood for it and fumed.

 

So, I sent them a letter, which they would have received this morning, asking for my money back quoting all the usual stuff but a much shorter version.

 

Lo and behold, I had a phone call from them at 10.30am to tell me they would be crediting my account with the fifty quid. The phone call was short and sweet. They never told me anything and I never asked anything. I was just happy it had been that simple.

 

Is it a worlds record for the quickest claim....lol?

 

Just thought I would share it with you all.

 

Be happy

[tannaku]

Got a letter from the Court today saying that the judge has considered the statements of case and allocation questionnaires and has allocated the claim to the small claims track.

 

However, the letter states that the judge has ordered that a prelimiminary hearing should take place because:-

" Special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person."

This will take place on the 3rd May at 14:00.

 

Is everything ok does anybody think?

I have prepared a court bundle but do you think I should send this off and hope Cobbets surrender before the hearing?

What would be the best thing to take to this hearing?

I did find a link on here that helped with this and gave me an idea of what to do but typically I cant find it now.

 

All help gratefully received

[isidore]

Tannaku, afraid I can't help much as I'm inexperienced with the court process - I have fortunately never got that far. That said, I did want to post to say that there is a guide to filing a court claim in the FAQ forum.

 

Whether this provides any help for you I don't know but thought I would share it in case it does

[tannaku]

Thanks anyway my friend.

 

Has anybody had this kind of directive from the court or perhaps understands it?

[tannaku]

Just bumping this up.

Dont know whether to send a court bundle and hope Cobbets cave in or wait until the Court hearing but what do I take to that?

 

Help anybody???

[tannaku]

Bump!!!

[HydraUK]

Sorry, I am watching your thread but I don't have an answer for you. Maybe you should PM a mod?

[tannaku]

Thanks anyway my friend.

 

Just finding it so frustrating that the info will probably be there on the site somewhere but I cant find it.

 

I have decided to send the court bundle and hope for the best. Got everything to hand except perhaps actually setting out my case properly at the beginning. I once saw somebodys case set out when I first came on the site which could be adapted to suit but cant for the life of me find it now.

 

Thanks again

[isidore]

I have decided to send the court bundle and hope for the best.

Not the best tactic if I'm honest. Pm a few of the more experienced members a link to this thread, see if anyone can help. Have you also considered entering the chatroom to see who is in there who may have an answer?

[tannaku]

Thanks T4FF.

I PM'd a mod yesterday so hopefully that will be of help.

 

Many thanks