Please tell me RBS are bluffing...

[Travelscribe]

Just 2 days before their 14 day deadline was up to respond to the SCC case I am bringing against them, I get notification from the courts that RBS' solicitors (a practice called Cobbetts LLP in Manchester) are intending to contest all of the claim in court and they have requested a further 28 days to prepare their case.

 

It is sizeable claim (just shy of £3k with interest going back over 5 years) but surely with all the precidents set, they are not actually going to show?

 

Is this just a delaying tactic? Can I expect some sort of letter from either RBS or the solicitors telling me to back off? If it is a bluff and they don't show in 28 days, will the court take action or can I ask them to take action against RBS for deliberatly wasting time - after all there is more interest to add since I made the claim, plus they have just hit me for another £30.

 

Do I need to prepare any sort of case? I have a print out of all the charges and the interest calculations (thank God for the interest calculator on this website as it would have taken hours otherwise).

 

I am just getting a bit nervous. I have been working hard to get a second income going through a new business (please check out sleazy-rock-n-roll on ebay and buy some T-shirts) solely to help us get out of the financial mess and I could really do without becoming the legal system's guineapig.

 

Bye for now

:o

[Glenn UK]

1st off if you started on the basis the banks wouldn't defend and that you would never have to go to court, you were sold a pup.

 

You should realise that you are embarking on a path where you will be taking on a large international organisation with effectively unlimited funds.

 

If you thought they would roll over and let you tickle their belly then you were mistaken.

 

Now the good bit, if you have started your own thread then do it now and post details of your claim.

 

Then you have to write back to the court objecting to the extension giving reasons why. Don't worry people will help you if you're not sure what to do.

 

Second don't expect the court to take any notice but you can have some fun and hopefully make a few points.

 

Finally don't be nervous, its all par for the course and you will get through it with help from this site.

 

HTH

 

Glenn

[Bookworm]

Moved to RBS forum.

[Travelscribe]

Thanks for the reply. I was more hoping, than expecting that they wouldn't put up a fight....

 

But I do have some questions:

1) How do I complain about the unnecessary 28 day extension? If I do, is it something the courts acknowledge or do I just have to accept that they have the right to waste time?

 

2) Assuming the worst and this does make it to court. What do I need to back my case. I have a print out of every charge made with the dates. I also have the print out of the interest calculator that details the different amounts of interest I am claiming against each individual charge.

 

3) Will I need to know the exact details of the law surrounding all this, or will the judge be well aware? I don't want to patronise the judge and come over as a bog fat know it all. I want the guy on my side.

 

4) Does such a thing as a 'standard* case study' exist that I can use to present my case. For example, is there set text that I can read out as to demonstrate to the court that what these xxxxxxx shysters are doing is unlawful and that they know it and should therefore be giving all my money back?

 

5) Is there a 'standard response' to when they say "charges set out in t&cs..... blah, blah, blah..... reflect our costs etc..... waffle waffle..... his responsibility to manage his account.... blah blah"

 

 

* I know that in law there is not much that is standard, so please don't give me a cliched 'how long is a piece of string' response, I just want some guidance in building a case so I am as prepared as possible. What have other people done in this situation?

 

Has anyone got to court and lost? I am well aware that it is always a possibility when going to court, but seriously, do we have any examples of people actually losing?

 

Thanks

[Guest willowb]

post details of your claim.

 

Like Glenn said, you need to post details of your claim or no one can really help you. Dates of letters sent, responses and post RBS' defence. When is the Court date set? What communication have you had from the Court?

 

Wxx

[Travelscribe]

Amount claiming: £2573

First letter sent: 18st September

Banks first denial: 4th October

Notice of action letter: 6th October

No response from bank by: 20th October

 

20th October: Called bank only to be told that as far as they were concerned it was case closed and they had no reason to refund my mone.

 

Court action started: 3rd November (had to wait to be paid so I could afford the £120 court fee)

Letter from court: recieved 18th November (dated 16th November)

 

The court letter simply said that an Acknowledgement of Service had been filed by the defendant (Royal Bank of Scotland) and that they have 28 days from the date of service of the claim form to file a defence.

 

Does this mean 28 days from the 16th November or 28 days from 3rd November? Or is it from the 8th November as the court forms say that the claim will be considered served 5 days after I submit it? Or is it the 10th to take into account the weekend?

 

Thanks

Alex

[Guest willowb]

Ok! well, you are at an earlier stage than I thought.

 

RBS have 28 days from the date they acknowledged the claim to file a defence.....you can do nothing until then!

 

I suggest to sit tight and wait. If you get a defence then post it here and we'll have a look for you but more than likely you'll start getting offers but hang in for the full amount. the way things are going lately with RBS claims, they are settling much quicker.....wait and see.

 

Wxx

[Travelscribe]

Thanks, but other than 'these charges are unlawful', what other defence/case is there? When I went through the worst period of these charges a couple of years ago I contacted them at the time to try to sort it out, but they just told me to stop exceeding my limit. They would then really annoy me by sending letters with their notices of bounced DDs that said that if I needed to discuss the case or re-arrange my spending limit then to contact them to discuss it - I would, they said no and then they would still send me the same letter again and again.

 

I know that I have to sit tight, but in the mean time, is there anything that I can prepare?

 

Thanks

[Guest willowb]

It took 4 months from start to finish with my case! but they seem to have stopped some of their delaying/bullying tactics with claims now. I recommend you do lots of reading. have a read through my thread (embarassing at first:oops: but I get there in the end) have a look at Big Cols and Martin's also.....

 

You'll find mine and Big Col's in the cases won section. Just be prepared really but if you are concerned about anything Cobblers write to you then post it in your thread and we'll try and get you through the legal bull!

 

Is this your main account? do you have another in case they close this one?

 

Wxx

[MARTIN3030]

Yes Willow 4 months is about average.

I am pleased to say they settled mine this week.

Trying to find my thread so I can report it ha ha

[Guest willowb]

That's a bit of cool way of telling us the news isn't it?

 

Well done you:D :D I bet you are having a good weekend;)

 

Wxx

[Guest willowb]

RBS have 28 days from the date they acknowledged the claim to file a defence.....you can do nothing until then!

 

Oooops sorry! after just looking through some of my own Court papers I realised that I said the wrong thing. They have 28 days from the date of service of your claim (that's the date the Court has deemed it served, 2 days after they have posted it out!) to file a defence......

 

well, that lessens the wait somewhat!

 

Wxx

[Travelscribe]

it's 7:45 am and in an one and a quarter hours I can apply to file a judgement by default for all £2871.27. One new question I have thought is that in time between filing the claim and today, those lovely people at RBS have taken another bunch of charges. Any ideas as to whether I will have to start a new claim for those charges; be able to add them to the existing claim or whether I cn tell RBS that with one court ruling against them on the matter, they may as well just give me the money or I will will complain to the financial authorities that they are a not a fit 'person' to hold a credit license?

As always, experience and thoughts greatly appreciated

[Travelscribe]

Knew it was too good to be true.... they filled a defence at the last possible minute thus wasting a bit more time. They already got a time wasting extension to turn 14 days into 28 days, now I have to sit and wait for the court date. I have done a pretty good job in the last few years of banishing anger and hate from my life, but the way the bank are behaving are making that really difficult now.

So, what now. Any idea how long to wait before the court date is set? I have had no comunication from either RBS or their solicitors - no pitiful token gestures, no letters, nothing. Any thoughts? I am just getting nervous. Although I read a post elesewhere on the site last week about the fact that no one know of anyone that has lost a full case (a couple of partial loses, but nothing that went through the steps shown on this site), I still get a nasty feeling that I am going to get shafted. Everyone else seems to get communicated too in some way, but the bank are just ignoring me. Is this a new tactic or am I just panicing unnecessarily?

Thanks

[Travelscribe]

Knew it was too good to be true.... they filled a defence at the last possible minute thus wasting a bit more time. They already got a time wasting extension to turn 14 days into 28 days, now I have to sit and wait for the court date. I have done a pretty good job in the last few years of banishing anger and hate from my life, but the way the bank are behaving are making that really difficult now.

So, what now. Any idea how long to wait before the court date is set? I have had no comunication from either RBS or their solicitors - no pitiful token gestures, no letters, nothing. Any thoughts? I am just getting nervous. Although I read a post elesewhere on the site last week about the fact that no one know of anyone that has lost a full case (a couple of partial loses, but nothing that went through the steps shown on this site), I still get a nasty feeling that I am going to get shafted. Everyone else seems to get communicated too in some way, but the bank are just ignoring me. Is this a new tactic or am I just panicing unnecessarily?

Thanks

[Guest willowb]

Don't worry hun, we've all been there! the next step is the allocation questionnaire and you may get a CPR part 18 request with their defence. All these things are them stalling and we can help you through it.

 

Sit tight, you have to try and put it to the back of your head. You may get your money back next week, you may get it back in 3 months!

 

If you have followed the steps on here and taken the advise given then I would say you have nothing to worry about.

 

Wxxx

[Travelscribe]

Much appreciated. I have been so close to getting sorted financially and the proverbial light is almost within reach, but when the banks are in a position to help they offer out their hand and then whip it away at the last second.

 

My next issue (for which I will start a new thread soon) is with M&S Money. In brief, I got into a mess about 2 years ago and I followed the advice that 'we' are always given - i.e. to contact the lender and talk to them about. I did and M&S Money 'very kindly' agreed to help. They told me that we could set up an arrangement so I could pay them a bit less while I got myself straight. At the time they told me that the arrangement would be recorded. What they failed to mention is that 'arrangement' is not a friendly term refering to them helping me out, but a technical term for "deadbeat borrower, steer well clear" and that 'recorded' actually means "we will put massive red splodges all over your credit record so even Eastend loan sharks wouldn't lend you money again. So if anyone has thoughts on how I structure a complaint to the Financial Obudsman, then let me know.

 

Other than that, thanks to everyone for their encouragement - it means a lot

[aussie22]

in the same boat as you.

RBS served on 08/11/06

RBS/Cobbetts acknowledged claim on 16/11/06

They had 28 days from the date they were served (08/11/06) to enter a defence.

Today (06/12/06), which is also the 28th day, I notice they have entered a defence.

Is there anyone who can help me please.

[Guest willowb]

Aussie, start your own thread and post exactly what has happened so far, that way everyone is clear as to what stage you are at and can help you more effectively.

 

Wxxx

 

Travel scribe, not sure about that one other than to start by asking the CRAs what exactly the red spodges mean (I suspect 'missed payment') then determine wether a 'reduced payment' means 'missed payment'.

 

Have a root round the 'legalities' section, especially the 'stickys' and then decide what to do.....but that is where it would be best to start a thread about it.

 

Wxxx

[Travelscribe]

Aussie, let me know where you start your post and let us stay in touch about this. Our dates match up exactly, so I would be fascinated to see if they handle us differently. I am claiming the best part of £3k, what about you?

 

I got a letter from RBS's solictors today with something about their defence in it - CPR part 18 request. When I get a minute this evening I will read it properly and then check back here for advice. If anyone out there has anything to tell me about part 18, then please let me know asap.

 

Thanks again to everyone out there

[Travelscribe]

Well, that was interesting. Just spoken to the help desk for online claims and the very nice lady there sounded like she had been asked every concievable question about going after banks. When I asked if that was the case she chuckled and said that she does deal with 'quiet a few, actually, everyone seems to be doing it' so it looks like the consumer action group is doing its thing.

 

Now, I called about a really random letter that Cobbetts (RBS's solicitor) telling me that I hadn't given enough information. Given that you only have a limited amount of space on the online claim form, this seems a little harsh. Cobbetts also claim that it is my duty to prove the law and consumer regulations. They tell me that the case will be struck as I did not include back up information with my claim (which I couldn't as there was no place to do that) and that I have 'embarassed' myself by 'failing to disclose reasonable grounds for bringing the claim'.

 

Nice lady at the court has told me that none of this is down to the solictor and that only the local court can decide what constitutes evidence and sufficient information. The solictor also told me that unless I responded to them by the 18th then the case will be struck - this is also nonsesense as again, they can not have the case struck.

 

Anyway, the lady at the help desk did advise me that there is a questionaire on its way to me and that I should contact my local court (in this case Ashford, Kent) and ask them what they would like to see. I can obviously supply them with printouts of statements and of the interest calculator.

 

Does anyone have any other thoughts about what I need to give them? I assume that the solictor is just full of puff about all this, but I want to make it as easy for the court as possible. Do I need to be armed with any details of law, statutes or consumer regulations. I certainly don't want to come accross as a smart ass as the judge is still probably going have more knowledge than me.

 

Any thoughts?

[Guest willowb]

It's always good to read as much as you can.....read this thread for starters it'll help both you and Aussie...

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/32948-cpr-18-requests-costs.html

 

Wxxx

[Travelscribe]

Ah, one step ahead of you. I found that earlier and have already taken one of the templates (from the Nat West guy). I have started making the necessary changes to reflect my circustances and will post it in the morning.

 

I'm on a roll now, I am starting to prepare cases elsewhere (fortunatley for much small amounts) and may give one of them a go via the Financial Ombudsman to see if they have any teeth. I checked it out and it seems that although Banks have to abide by their decission, I don't so if they do turn out to be useless, then I still have the court option. Any thoughts on the FO?

[Atlantic]

I know it's not much by way of practical advice - but GOOD LUCK to you........ I stumbled accross this website and have done a quick calculation of what I have shelled out in charges to RBS over the last 5 or 6 years and I believe the figure runs into thousands - I am going to initiate proceedings very soon using your (and the other) threads as inspiration. Retail banks have simply had it too good for too long a time and with so many small diffuse consumers nobode can make any headway......... good luck with the rest of your claim and *don't* be scared off at any point - just make sure you always get your facts right and be succinct in your correspondence....

[Travelscribe]

RBS (via Cobbetts) have offered me £1750 - some way short of the amount being claimed for.... so I am about to send them my response. Can I have any thoughts from all your experienced eyes as to whether this covers things. All comments gratefully recieved.

 

............

 

Dear Cobbetts,

 

Thank you for the letter dated 3rd January regarding RBS’s offer to pay just £1,750 of my claim. Although I appreciate yours and your client’s offer to make a payment in an effort to avoid the necessity of court action, I must decline this unacceptable amount.

 

I had previously made a without prejudice offer to your client of settling the claim for just the amount owed, rather than applying the interest and costs as well. This offer was made early in proceedings so that we could not only avoid wasting as much time as we already have, but also to negate the need for paying solicitors and court costs too. However this more than reasonable offer on my behalf was dismissed out of hand – something that I have already advised the courts of.

 

I am also still awaiting your response to my last letter which including the answers to the questions you required. As your records will show, that correspondence also included my own Part 18 request (a copy of which was also forwarded to the courts) yet despite being given ample time and allowances for the Christmas break, I have not yet received a response. As solicitors, you are no doubt aware that such a request must be responded to with in the given time. I am therefore looking forward to receiving those answers in a full and detailed manner by return in order that we can resolve this matter.

 

I have also informed the courts that I was always prepared to pay the actual costs incurred by your client with relation to returning the direct debits/cheques/standing orders in question, however without response to my request for a full breakdown of these costs, I am not actually able to work out that figure without going to court. Therefore if your client is genuine in their desire to resolve this matter without going to court, I would suggest that they provide me with the full and detailed breakdown of costs involved in their actions. If your client remains unwilling to provide this information then the only options available to them will be to pay in full the amount owed, along with the interest and the court costs that I have already incurred, or that they allow this case to be heard in court.

 

I look forward to receiving your earliest response.

 

Yours faithfully