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peter534

RBOS and Cobbetts HELP PLEASE.

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Hi to all, since being sucessfull with my own claims, i have been helping my friends and family with theirs. Usually this is straight forward enough, however, i have just been given a letter by my aunt which she has just received off Cobbertts with regards to her claim against the RBOS.

 

Story so far ia as follows:

 

13th October 2006 - Subject Access Request Sent

 

Received statements no problem.

 

27th October 2006 - Preliminary approach letter sent.

 

10th November 2006 - LBA sent.

 

20th November 2006 - Standars Blah Blah response received.

 

29th November 2006, after i had persuaded her that it was the best cause of action, she filed with MCOL.

 

13th December 2006 - RBOS acknowledge the claim and intend to defend.

 

Heres where it gets interesting:

 

This morning we applied for judgement by default, and not an hour later received the post. in it was a letter from cobbetts. It read as follows:

 

Dear Madam,

 

Our Client: The Royal Bank Of Scotland Plc

 

We are instructed on behalf of the above named.

 

We enclose by way of service the Defendant's Defence.

 

We confirm that we have filed a copy of the same with the court. Would you please acknowledge receipt.

 

Yours faithfully

 

Cobbetts LLP

 

Enc

 

 

 

 

IN THE NORTHAMPTON COUNTY COURT CLAIM NO: ***********

BETWEEN

************ **************** CLAIMANT

-AND-

THE ROYAL BANK OF SCOTLAND PLC DEFENDANT

DEFENCE

1. The Defence is filed and served without prejudice to the right of the Defendant to apply for a summary judgement in respect of and/or to strike out the particulars of the claim.

2. The Defendant is embarrassed by the lack of particularity pleaded in the particulars of the claim to the extent that the particulars of the claim fail to disclose reasonable grounds for bringing the claim against the defendant. In particular:

2.1 The particulars of claim set out no facts indicating what the claim is about, are incoherent and do not disclose any legally recognisable claim against the defendant.

3. The defendant invites the claimant to remedy the above. In the event that the claimant fails to do so within 14 days of the service if the defence then the defendant will apply to the court for an order striking out the particulars of the claim.

4. The Defendant reserves the right to plead further to the particulars of the claim once and if the claimant properly particularises the same. In the meantime, it is denied that the claimant is entitled to the relief claimed or any relief whether as pleaded or at all.

STATEMENT OF TRUTH

The Defendant believes that the facts stated in the defence are true. I am duely authorized by the defendant to sign this statement.

Full Name: Lynsey Claire Burgoyne

Name od defendants solicitors firm: Cobbetts LLP, Ship Canal House, King Street, Manchester M2 4WB (Ref:***********)

Signed

Defendants Solicitor.

Well, we weren't expecting that. I checked later on and our application for judgement by default has been rejected, so they managed to get their defence in in the nick of time.

 

The particulars of the claim were exactly the same as i normally do. Can any one see any problems with this.

The claimant is claiming a refund for all charges imposed on her by The Royal Bank of Scotland Plc since 24th January 2001. The charges total £*,***.**. A breakdown of these charges is available to the court, if required. The reason these bank charges are being claimed back, is due to the claimant becoming aware that the charges that had been applied to her were disproportionate, and therefore, unlawful. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from the date that each individual charge was applied, to 30th November 2006, of £***.** and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £*.**.

Ths text has never been questioned before!

Help, im stuck. Can anybody give me some direction please..

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Dont worry, this is the standard defence that everyone gets.

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The text has probably never been questioned before as you have probably not dealt with Cobbetts before. Have a look at my thread on Natwest where I am dealing with Cobbetts. Ive had exactly the same, and so have many others, and today on the phone, they admitted that they had everything anyway. This is just one of their standard stalling and intimidation tactics. Dont worry.

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Thankyou for the quick response. So you think i should just let it run its course then?

 

Should we be expecting an AQ in the post, or should we indeed be concerned that a judge would infact strike out the particulars of the claim?

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What I did was to fire back a letter to them enclosing yet ANOTHER copy of the schedule and pointing out that this has already been sent to their client, the court and themselves. Send a copy of the letter to the courts asking them to attach it to your claim, so that the judge is in no doubt that they DO have proper particulars of the claim. The courts are aware that this is just one of their ploys. If you read my thread, you will know what to expect as I am a little in front of you. I will be posting details later today of another letter received this morning which moves on the their next ploy.

  • Haha 1

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