what should i do next *** WON ***

[isidore]

Sounds like RBS are being inundated!!

[HydraUK]

Lets hope Cobblers run out of Lawyers, eh?

 

Not heard a sausage from them....2 days left to acknowledge (19th)

[mbdiss]

got notice of issue in the post today BRS now have till 5th feb to reply.

[HydraUK]

Just wondering whats going on with your case? Not seen you round for a while...

[mbdiss]

hi hydra i just got cobbetts defence today will post it later on.

how are you getting on with yours

[HydraUK]

Oh, dramas, panic, nosediving confidence...the usual stuff.

 

I've got 8 days to submit AQ. Nearly ready, but just looking at some new stuff thats developing, so may delay a day or so.

[mbdiss]

hi hydra looks like i'm right behind you then. This is the defence that i got today. I need to read Through it again but i think it is the standered defence. so if any experts out there could give me some pointers would be greatful.

 

 

 

1. This Defence is filed and served without prejudice to the Defendant’s case that the Particulars of Claim do not disclose reasonable grounds for bringing a claim against the Claimant to recover the bank charges (and interest thereon) referred to in the Particulars of Claim or any other sum(s). In the event that the Claim is not properly particularised then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same.

 

2. On allocation the Defendant invites the Court to direct that there be a case management conference in order for the Court to consider the making of appropriate orders to give the Claimant the opportunity to properly particularise the claim.

 

3. No admissions are made as to what charges have been debited to the Claimant’s bank account.

 

4. In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are unenforceable by virtue of the Unfair Contract Terms Act 1977 (“UCTA 1977”) and/or the Unfair Contract Terms in Consumer Regulations 1999 (“the Regulations”) and/or the common law, the Claimant is required to identify:

 

4.1 (a) the section(s) of The Unfair Contract Terms Act 1977 (“UCTA 1977”); (b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 (“the Regulations”); and © the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable; and

4.2 the contractual provision(s) that the Claimant allege are invalid by reference to UCTA 1977 and/or the Regulations.

 

Until such time as these sections/regulations/provisions are identified the Defendant cannot (save as appears below) plead to the allegation referred to in paragraph 4 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information.

 

5. In relation to the case of the Claimant that the charges are unreasonable within the meaning of section 15 of the Supply of Goods and Services Act 1982 (“SGSA”) the Defendant pleads as follows:

 

5.1 The Claimant is required to plead and prove the necessary factors (referred to in section 15 SGSA) concerning the contract between the Claimant and the Defendant which mean that pursuant to SGSA section 15 there is an implied term that the Claimant pay a reasonable charge for the service under the contract.

5.2 Further, the Claimant is required to plead and prove (a) that the bank charges which have been debited are unreasonable; (b) all facts and matters relied upon by the Claimant in support of this case and © what charges would have been reasonable.

5.3 In the circumstances no grounds are disclosed for a claim that the Defendant has acted in breach of SGSA section 15.

5.4 In the circumstances (save as appears below) the Defendant is unable to plead to this allegation beyond denying that it has acted in reach of SGSA 15 section as alleged or at all. The Defendant reserves its right to plead further to this allegation once (and if) the defects in the pleaded case referred to in paragraphs 5.1-5.3 above are addressed.

5.5 It is the case of the Defendant that the contract between the Claimant and the Defendant does not fall within SGSA section 15 because (a) the consideration for the service would be determined by the contract between the Claimant and the Defendant and (b) was not left to be determined in a manner agreed by the contract or determined by the course of dealings between the Claimant and the Defendant.

 

6. Save as hereinbefore appears the Defendant joins issue with the Claimant on the claim(s) and denies that it is liable to the Claimant as alleged or at all.

[HydraUK]

Pretty much same as mine, mate, 'cept I've got a paragraph about Limitation and Laches.

 

Lot's of good stuff around to help as well! Let me know if I can help...

 

 

Phil

[mbdiss]

hi hydra thanks i think i will be needing some help just need to re-read it again.

 

got this letter today for some reason

 

 

Dear Mr mbdiss

 

I am currently considering your claim regarding charges applied to your account. As your account is now closed this has resulted in a delay in gathering the informationwe we require to assess your claim.

 

Please accept my apologies for this and please be assured that we will respond to you as soon as possible

 

your sincerely

sandy watt

 

 

 

not sure why RBS have sent me this but hey will have to see what happens

[HydraUK]

ur assuming THEY know why they they sent it...lol

 

There's solutions to everything they've written in their defence. Don't let the legalese baffle you. What they are basically saying is they want you to do half their work for them.

 

Couple of ways to attack this so don't worry, might have to do it off thread tho, just in case they have some office junior in here spying

 

But there's gonna be lot's of reading....

[mbdiss]

hi hydra i have a friend that was a legal person that is going to look at it but will want help anyway and yes it's prob best not done on here as you say

[Jimbos]

Keep pushing guys, I was due to see them @ end March following AQ etc. Fear loathing and panic was setting in when Xmas came late wink wink.. just get ready and get that paperwork in..

[mbdiss]

i'm just wondering should i reply to this letter??

 

hi hydra thanks i think i will be needing some help just need to re-read it again.

 

got this letter today for some reason

 

 

Dear Mr mbdiss

 

I am currently considering your claim regarding charges applied to your account. As your account is now closed this has resulted in a delay in gathering the informationwe we require to assess your claim.

 

Please accept my apologies for this and please be assured that we will respond to you as soon as possible

 

your sincerely

sandy watt

 

 

 

not sure why RBS have sent mew this but hey will have to see what happens

[HydraUK]

Sandy Watt again....just ignore it mate.

 

Or if your feeling polite you could reply pointing out that as proceedings had commenced he was a bit behind the times....Full settlement at his earliest convenience, sorta thing.

[Me.x]

Our Sandy is feeling the strain. Did pretty much the same to me offering me over £600 when I wrote directly to them querying why they had taken £38 out of my account when I was in credit!! I wouldn't bother replying! Think they are inundated with post at moment.

[mbdiss]

Update time.

My AQ arrived today so need to do a bit of reading up as I have to have it in for the 5th March any help would be more then welcome.

[matt_smith2000]

I followed the new strategy for AQs

 

See the below link if you haven't already.

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

Just be mindful that once it is submitted, get on top of completing your court bundle. I'm currently doing this now.

[mbdiss]

thanks matt will re-read it and start sorting the bunlde out

[mbdiss]

update time

 

 

 

 

 

I won:o :o :o

:D

 

could a mod please move this thread to the won sectionthanks to everyone for your help. there will be a donation to CAG as soon as the money is in my account

[isidore]

Brill!!!

 

What happened??

[hendersonb]

Well done mbdiss - been following your post - great to see justice has been done

[Trish76]

CONGRATULATIONS MB!!!!!!!!!!!!!!!!

soooooooooooo PLEASED FOR YOU!!!!

[mbdiss]

Brill!!!

 

What happened??

 

not much really T4FF got a letter with cheque for full amount with the normal conditions and i'm happy with them so hey ho of to the bank we go. :D :D

 

and thanks guys and girls for the congrats. i'm not going away tho cos here we come cap one

[Guest Scarletrose]

!!!!! CONGRATULATIONS HUNNY !!!!!

I AM SO, SO, SO PLEASED FOR YOU

WELL DONE

HUGS AND KISSES

SCARLET

xxxxx

[HydraUK]

The bittersweet feeling of joy at your success and envy at you getting urs first! Bar Stewards!

 

Well good for you. Congrats mate.