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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

dpgunn v RBS


dpgunn
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I would like to know why account charges seem to vary from month to month. Sometimes it is £24 and sometimes £40 or more. I'm assuming this is due to the account going into debit, but it seems to that it doesn't have to be much debit or for long to attract these charges. Is it allowable to include the charges in your interest claim?

----------------------------------------------

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=helpful+external+links A-Z INDEX. really uselful

 

GaryH useful tips for court phase:

http://www.consumeractiongroup.co.uk/forum/member.php?u=19614

 

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html really useful

 

http://www.consumeractiongroup.co.uk/forum/helpful-external-links/

 

http://www.kendallfreeman.com/kf-pdf/Unconscionable%20behaviour%20in%20contractual%20negotiations%20-%20June%202004%20-%20kendall%20freeman%20article.pdf good case

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html#post732094 Imp. stuff preparing bundle.

 

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html Letter thanking, but not accepting as final settlement.

------------------------------------------

(I already had my statements saved, sad lad)

14.12.2006: Preliminary letter to RBOS.

7.1.2007: LBA. Claim: £5085.12 (This includes interest component)

3.2.2007: N1 sent to county court. Fee £250, because > 5k

23.2.2007: Ackn of Service - bank defends.

13.3.2007: Defence received.

15.3.2007: AQ received & filed c court, + Order for Directions + Response to

Defense

3.4.2007: General Form of Judgement received.

5.4.2007: Copy RBOS AQ received.

12.4.2007: Notice of Allocation & Hearing - Small Claims (Date 24.7.07)

Court accepts Small claims figure.

2.5.2007: Court bundle sent Registered mail.

14.5.2007 - BANK PAYS IN FULL. £4781.93

I already had my statements saved, sad lad)

14.12.2006: Preliminary letter to RBOS.

7.1.2007: LBA. Claim: £5085.12 (This includes interest component)

3.2.2007: N1 sent to county court. Fee £250, because > 5k

23.2.2007: Ackn of Service - bank defends.

13.3.2007: Defence received.

15.3.2007: AQ received & filed c court, + Order for Directions + Response to

Defense

3.4.2007: General Form of Judgement received.

5.4.2007: Copy RBOS AQ received.

12.4.2007: Notice of Allocation & Hearing - Small Claims (Date 24.7.07)

Court accepts Small claims figure.

14.5.2007 - BANK PAYS £4781.93

Last edited by dpgunn : Today at 12:16. Reason: Update

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No, it just says 'charge to ...' then the date up to which the charge was being levied. I haven't asked bank itself yet, I guess I don't want to show my hand too early. I do have an overdraft on the account, but the charge changes from month to month quite substantially.

I already had my statements saved, sad lad)

14.12.2006: Preliminary letter to RBOS.

7.1.2007: LBA. Claim: £5085.12 (This includes interest component)

3.2.2007: N1 sent to county court. Fee £250, because > 5k

23.2.2007: Ackn of Service - bank defends.

13.3.2007: Defence received.

15.3.2007: AQ received & filed c court, + Order for Directions + Response to

Defense

3.4.2007: General Form of Judgement received.

5.4.2007: Copy RBOS AQ received.

12.4.2007: Notice of Allocation & Hearing - Small Claims (Date 24.7.07)

Court accepts Small claims figure.

14.5.2007 - BANK PAYS £4781.93

Last edited by dpgunn : Today at 12:16. Reason: Update

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That charge is a mixture of Royalties fee and Over-limit penalty.

 

Royalties fee was £8 then £10 now £12. I don't know how others have approached the problem but I intend to average the fee at £10 and take that off each month to leave the penalty.

 

I am taking an average of the fee because the bank won't tell me when the rate changes took place.

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I'm pretty sure I could tell you when charges changed, because I have kept my original statements and it is fairly obvious when the charges increase. However, I like your idea as it seems we really shouldn't be doing the banks work for it in this case. So I shall take an average of £10 off as well. ta.

I already had my statements saved, sad lad)

14.12.2006: Preliminary letter to RBOS.

7.1.2007: LBA. Claim: £5085.12 (This includes interest component)

3.2.2007: N1 sent to county court. Fee £250, because > 5k

23.2.2007: Ackn of Service - bank defends.

13.3.2007: Defence received.

15.3.2007: AQ received & filed c court, + Order for Directions + Response to

Defense

3.4.2007: General Form of Judgement received.

5.4.2007: Copy RBOS AQ received.

12.4.2007: Notice of Allocation & Hearing - Small Claims (Date 24.7.07)

Court accepts Small claims figure.

14.5.2007 - BANK PAYS £4781.93

Last edited by dpgunn : Today at 12:16. Reason: Update

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Can anyone tell me what a referral charge is, please?

I already had my statements saved, sad lad)

14.12.2006: Preliminary letter to RBOS.

7.1.2007: LBA. Claim: £5085.12 (This includes interest component)

3.2.2007: N1 sent to county court. Fee £250, because > 5k

23.2.2007: Ackn of Service - bank defends.

13.3.2007: Defence received.

15.3.2007: AQ received & filed c court, + Order for Directions + Response to

Defense

3.4.2007: General Form of Judgement received.

5.4.2007: Copy RBOS AQ received.

12.4.2007: Notice of Allocation & Hearing - Small Claims (Date 24.7.07)

Court accepts Small claims figure.

14.5.2007 - BANK PAYS £4781.93

Last edited by dpgunn : Today at 12:16. Reason: Update

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'Referral charge' is when they pay a DD that you didn't have funds to cover, as opposed to 'Returned DD' which is when they don't pay it....damned if they do, damned if they don't!

 

Claim them back.

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  • 4 weeks later...

I sent in my request for over charging about 3 weeks ago. Royal Bank of Scotland, £3,800. I have received no reply so far, is this ususal?

I already had my statements saved, sad lad)

14.12.2006: Preliminary letter to RBOS.

7.1.2007: LBA. Claim: £5085.12 (This includes interest component)

3.2.2007: N1 sent to county court. Fee £250, because > 5k

23.2.2007: Ackn of Service - bank defends.

13.3.2007: Defence received.

15.3.2007: AQ received & filed c court, + Order for Directions + Response to

Defense

3.4.2007: General Form of Judgement received.

5.4.2007: Copy RBOS AQ received.

12.4.2007: Notice of Allocation & Hearing - Small Claims (Date 24.7.07)

Court accepts Small claims figure.

14.5.2007 - BANK PAYS £4781.93

Last edited by dpgunn : Today at 12:16. Reason: Update

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request for charging? do you mean a letter requesting a refund?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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Yes, I HAVE NOT yet sent any formal notice of legal action. It's just a request to refund the 'illegal' - that is the letter downloaded from this site.

I already had my statements saved, sad lad)

14.12.2006: Preliminary letter to RBOS.

7.1.2007: LBA. Claim: £5085.12 (This includes interest component)

3.2.2007: N1 sent to county court. Fee £250, because > 5k

23.2.2007: Ackn of Service - bank defends.

13.3.2007: Defence received.

15.3.2007: AQ received & filed c court, + Order for Directions + Response to

Defense

3.4.2007: General Form of Judgement received.

5.4.2007: Copy RBOS AQ received.

12.4.2007: Notice of Allocation & Hearing - Small Claims (Date 24.7.07)

Court accepts Small claims figure.

14.5.2007 - BANK PAYS £4781.93

Last edited by dpgunn : Today at 12:16. Reason: Update

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I set up a post on calculating RBS charges. You can find it here.

 

This should help you break down your charges.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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:smile: Would anyone care to answer my original question - which was "Is it unusual for the bank not to send any answer in the first 3 to 4 weeks?" If so, when should I remind them that I do expect some form of reply?:?:

I already had my statements saved, sad lad)

14.12.2006: Preliminary letter to RBOS.

7.1.2007: LBA. Claim: £5085.12 (This includes interest component)

3.2.2007: N1 sent to county court. Fee £250, because > 5k

23.2.2007: Ackn of Service - bank defends.

13.3.2007: Defence received.

15.3.2007: AQ received & filed c court, + Order for Directions + Response to

Defense

3.4.2007: General Form of Judgement received.

5.4.2007: Copy RBOS AQ received.

12.4.2007: Notice of Allocation & Hearing - Small Claims (Date 24.7.07)

Court accepts Small claims figure.

14.5.2007 - BANK PAYS £4781.93

Last edited by dpgunn : Today at 12:16. Reason: Update

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If the bank have failed to respond in the time you stipulated then go to the next stage, what ever that may be.

Send the LBA stick to your time limits.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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  • 2 weeks later...

Right. I have sent my LBA. I have also recieved my copy of Small Claims Made Easy. Interesting read.

I will get my N1 in if I need to, I'm thinking of doing it online as it looks easy & neat. Has anyone had experience of electronic applications? I've read a few posts about Fast Track, is this the same?

Also it seems to want the name of my local court (somewhere in the Durham area). Is there a place I can go to find a list of appropriate courts?

 

I also have difficulty navigating the site (not very computer literate, e.g. what in heaven's sake happens when you furl a post?). I would like to link to the A-Z index post & also Karnevil (as it hyperlinks to all the essential documents). I tried clicking the icon "link to this post", but nothing seems to have happened. Can you advise.

I already had my statements saved, sad lad)

14.12.2006: Preliminary letter to RBOS.

7.1.2007: LBA. Claim: £5085.12 (This includes interest component)

3.2.2007: N1 sent to county court. Fee £250, because > 5k

23.2.2007: Ackn of Service - bank defends.

13.3.2007: Defence received.

15.3.2007: AQ received & filed c court, + Order for Directions + Response to

Defense

3.4.2007: General Form of Judgement received.

5.4.2007: Copy RBOS AQ received.

12.4.2007: Notice of Allocation & Hearing - Small Claims (Date 24.7.07)

Court accepts Small claims figure.

14.5.2007 - BANK PAYS £4781.93

Last edited by dpgunn : Today at 12:16. Reason: Update

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Could someone look at my previous post & see if they can answer any or part of it. Thanks.

I already had my statements saved, sad lad)

14.12.2006: Preliminary letter to RBOS.

7.1.2007: LBA. Claim: £5085.12 (This includes interest component)

3.2.2007: N1 sent to county court. Fee £250, because > 5k

23.2.2007: Ackn of Service - bank defends.

13.3.2007: Defence received.

15.3.2007: AQ received & filed c court, + Order for Directions + Response to

Defense

3.4.2007: General Form of Judgement received.

5.4.2007: Copy RBOS AQ received.

12.4.2007: Notice of Allocation & Hearing - Small Claims (Date 24.7.07)

Court accepts Small claims figure.

14.5.2007 - BANK PAYS £4781.93

Last edited by dpgunn : Today at 12:16. Reason: Update

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Right. I have sent my LBA. I have also recieved my copy of Small Claims Made Easy. Interesting read.

I will get my N1 in if I need to, I'm thinking of doing it online as it looks easy & neat. Has anyone had experience of electronic applications? I've read a few posts about Fast Track, is this the same?

Also it seems to want the name of my local court (somewhere in the Durham area). Is there a place I can go to find a list of appropriate courts?

 

I also have difficulty navigating the site (not very computer literate, e.g. what in heaven's sake happens when you furl a post?). I would like to link to the A-Z index post & also Karnevil (as it hyperlinks to all the essential documents). I tried clicking the icon "link to this post", but nothing seems to have happened. Can you advise.

 

Thought I'd just let you know.....I haven't a clue. All my have so far settled prior to court so unfortunately, I can't help. As for navigating the site, don't know what you're talking about so I guess it's beyond me too :confused:

 

If you need a response from someone, why don't you pm a link to this thread to one of the more experienced / advanced peeps that hang around RBS, livelylad springs to mind, however, there are others. Open a few posts and see who the knowledgable peeps are and pm one of them asking them if they'd be so kind as to sort your court questions ;)

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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how do you 'pm'?

I already had my statements saved, sad lad)

14.12.2006: Preliminary letter to RBOS.

7.1.2007: LBA. Claim: £5085.12 (This includes interest component)

3.2.2007: N1 sent to county court. Fee £250, because > 5k

23.2.2007: Ackn of Service - bank defends.

13.3.2007: Defence received.

15.3.2007: AQ received & filed c court, + Order for Directions + Response to

Defense

3.4.2007: General Form of Judgement received.

5.4.2007: Copy RBOS AQ received.

12.4.2007: Notice of Allocation & Hearing - Small Claims (Date 24.7.07)

Court accepts Small claims figure.

14.5.2007 - BANK PAYS £4781.93

Last edited by dpgunn : Today at 12:16. Reason: Update

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Sorry........pm as in private message, easiest way to do this is click on the persons name on a post (where it says "Basic Account Customer" or something similar), a menu will appear and you can select "click on send private message".

  • Confused 1

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Thanks, that helps alot - I can see the light at the end of the tunnel.

I already had my statements saved, sad lad)

14.12.2006: Preliminary letter to RBOS.

7.1.2007: LBA. Claim: £5085.12 (This includes interest component)

3.2.2007: N1 sent to county court. Fee £250, because > 5k

23.2.2007: Ackn of Service - bank defends.

13.3.2007: Defence received.

15.3.2007: AQ received & filed c court, + Order for Directions + Response to

Defense

3.4.2007: General Form of Judgement received.

5.4.2007: Copy RBOS AQ received.

12.4.2007: Notice of Allocation & Hearing - Small Claims (Date 24.7.07)

Court accepts Small claims figure.

14.5.2007 - BANK PAYS £4781.93

Last edited by dpgunn : Today at 12:16. Reason: Update

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  • 2 weeks later...

I need a little more information, I really hope someone answers quickly. After a period of inactivity (both by me and the bank), I am now preparing to send off my N1 claim.

I started my 'process' on 4.12.06 (I didn't need to get my statements as I am 'anal'). I sent my LBA on 7.1.07 with usual 14 day warning. RBOS replied (x2) that they were "looking into it" - nothing from them since.

My problem is this - the hmcourts website mentions sending the N1 form to England or Wales, however my correspondence has only ever been with Edinbugh i.e. Scotland. Despite a good deal of looking around in fora I can see no mention of whether previosly folk have used the Scotland address or one in England (perhaps a branch of RBOS). I am going to assume that most of the successful claims have been from people who live in England and that using the Scotland address is ok.

 

!FEEDBACK - I write this letter in a rather ****ed off state. Not only have my rights to 'pm' been removed, but my avatar has been taken off my site. - I have always found this CHALLENGING site to use, but have felt that patience & persistence would win out & up to now I have been correct. I have become more proficient with time. -

POST SCRIPT. 29.1.2007 It appears that the site was being cleaned, the problems now appear to have dissappeared. I think my main problem is that sometimes it be quite lonely in this cyberspace, I think it because I am not a regular blog user and don't feel comfortable in them yet. One can spend a lot of time fumbling around, but actually that's how we all seem to learn in the long run.

N1 - i found it useful to look at bankfodders 'worked document' which can be found in actions in court forum.

Thanks very much to taff & hydra for answering and putting me right.

I already had my statements saved, sad lad)

14.12.2006: Preliminary letter to RBOS.

7.1.2007: LBA. Claim: £5085.12 (This includes interest component)

3.2.2007: N1 sent to county court. Fee £250, because > 5k

23.2.2007: Ackn of Service - bank defends.

13.3.2007: Defence received.

15.3.2007: AQ received & filed c court, + Order for Directions + Response to

Defense

3.4.2007: General Form of Judgement received.

5.4.2007: Copy RBOS AQ received.

12.4.2007: Notice of Allocation & Hearing - Small Claims (Date 24.7.07)

Court accepts Small claims figure.

14.5.2007 - BANK PAYS £4781.93

Last edited by dpgunn : Today at 12:16. Reason: Update

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I think right now a lot of access rights, permissions etc have been reduced because there has been a massive increase in interest in this website due to a lot of exposure on TV. Whilst the servers are being upgraded they have limited a lot of things like the ability to pm etc etc. Should all be back to normal pretty soon.

 

AS for the N1 business, like I said in pm, don't know myself, Hydra should be able to help.....surprised he hasn't been in here tbh.....

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Hi sorry, missed it...little flags showing the threads I'm subscribed to have gone, along with some of dp's forum functions apparently.

 

Firstly dp - calm!

 

Now, N1 address for service can be your local branch, thats who got mine.

 

There is also this address.

 

RBS LITIGATION

1 PRINCESS STREET

LONDON

EC2R 8P

 

Okay?

 

Maybe you'd like to lower the tone of your !FEEDBACK now you know it's not personal? A little tactful editting perhaps?

  • Haha 1
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BIG DAY. I posted off my claim to the "small claims court" last Saturday. I will keep you informed of progress. Wish me luck.

P.S. - the bank sent me a sheet full of charges they had made on the account just last week (slipped into OD!) TIMELY REMINDER OF WHY I AM DOING THIS!!

 

RBS LITIGATION

1 PRINCESS STREET

LONDON

EC2R 8P

 

P.P.S. - I used the London address above as my bank address, although I did mention the address of the head office in the first box on the form. We'll see if it confuses them!

I already had my statements saved, sad lad)

14.12.2006: Preliminary letter to RBOS.

7.1.2007: LBA. Claim: £5085.12 (This includes interest component)

3.2.2007: N1 sent to county court. Fee £250, because > 5k

23.2.2007: Ackn of Service - bank defends.

13.3.2007: Defence received.

15.3.2007: AQ received & filed c court, + Order for Directions + Response to

Defense

3.4.2007: General Form of Judgement received.

5.4.2007: Copy RBOS AQ received.

12.4.2007: Notice of Allocation & Hearing - Small Claims (Date 24.7.07)

Court accepts Small claims figure.

14.5.2007 - BANK PAYS £4781.93

Last edited by dpgunn : Today at 12:16. Reason: Update

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