Big Claim aginst RBOS

[DandD]

Not posted for a while.

 

But, this is just incredible!!

 

Sparkie, if there's any help, info, documents, that I can give you to help, please let me know.

 

D

[Sparkie1723]

deleted

Edited August 22, 2009 by Sparkie1723

[DandD]

We will be pretty busy over the next few weeks.

 

Litigation against the RBS is not easy........ or CHEAP!

 

We can't post the details on this forum (obviously), but three of you will be getting 'up to date' info.

 

Sorry, Sparkie......for taking a bit of your thread, but you are one of the three!

 

Also.....PW & JC

 

D&D

[Sparkie1723]

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Edited August 22, 2009 by Sparkie1723

[JonCris]

D hope things are well & I'll look forward to the update.

 

Incidentally where's me 'P' ?

[Sparkie1723]

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Edited August 22, 2009 by Sparkie1723

[JonCris]

Sparkie just from what have observed since this started I can assure you 40K does not even come near to the amount spent to date. That would not even cover the retainer if one were required

[paulwlton]

Sparkie - you must make your MP aware that a claim cannot be struck out unless the other party makes an application to strike the claim out, which did not happen in your case.

Edited August 26, 2008 by paulwlton

[Sparkie1723]

deleted

Edited August 22, 2009 by Sparkie1723

[knoxvillain]

best of luck mate, go stick it to them.

[Sparkie1723]

deleted

Edited August 22, 2009 by Sparkie1723

[citizenB]

best of luck mate, go stick it to them.

 

I'll second that. Good luck sparkie

[humbleman]

all the BEST

[car2403]

Got to get my gloves on today for another fight with Cobbetts and RBS, I have my costs assessment hearing today at 2.00 p.m in the Court....more fireworks!!!

 

sparkie

 

C'mon... What happened?

 

[davefirewalker]

yeah cmon sparkie, spill the beans

 

unless its really bad news then in that case I DON'T want to know

 

heres hoping for good news

 

Dave

[photoman]

....He'll be down the Pub..... whichever way it's gone !!

[Sparkie1723]

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Edited August 22, 2009 by Sparkie1723

[citizenB]

Oh no, not again. Sparkie, I am so sorry. Hopefully your MP can help out.

[Sparkie1723]

Oh no, not again. Sparkie, I am so sorry. Hopefully your MP can help out.

 

 

HI citizenB,

 

My MP is on the ball he got his secretary to call me to make the appointment ....shows he's still interested in whats going on.

 

sparkie

[paulwlton]

HI citizenB,

 

My MP is on the ball he got his secretary to call me to make the appointment ....shows he's still interested in whats going on.

 

sparkie

 

Why am i not surprised with the costs.

 

Your MP, unsurprisingly believes serious injustices have occured in your relentless effort to prove wrongdoing by the bank.

 

Every dog has its day.

Edited September 5, 2008 by paulwlton

[fergal71]

can a moderator or bank fodder look at sparkies case and the invaluable work he has done on this site through his case.... If we set up an account for say sparkies costs and we ask for donations , I would be happy to make a donation towards such a case..... come on CAG let us really get behind people who are challenging the big companies.....????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

[Sparkie1723]

can a moderator or bank fodder look at sparkies case and the invaluable work he has done on this site through his case.... If we set up an account for say sparkies costs and we ask for donations , I would be happy to make a donation towards such a case..... come on CAG let us really get behind people who are challenging the big companies.....????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

 

 

Thanks fergal71 for your support, its through support like yours that keeps me going

I am submitting this letter to the judge that heard my case would like peoples opnions and comments additions I can add or what ever

 

Would like as many as poss to read my letter I am submitting with my N244 application.

 

What do folks think of my introducing the case law with it .

Would it have the be reverse effect of what I expect it to do??

 

To

The Honourable Judge J Hale.

 

Your Honour,

 

I respectfully write to you and submit this letter along with my application for clarification of the order for costs you made in the case Sparkie ( Claimant) v The Royal Bank of Scotland PLc ( RBS) ( Defendant) in the Warrington County Court, on the 30th March 2007.

 

I fully understand that you cannot be expected to recall the intricacies of all the cases that are placed before you, I therefore attach a transcript copy of your judgement summary, wherein you ordered that the Claimant pay the 50% of the Defendants costs, in order for you to appraise my application for clarification, and I highlight the related parts of that summary, for which I respectfully ask you to clarify.

 

I submit a chronological sequence of events that have taken place since your judgement.

 

In August 2007 the RBS in a letter to my MP Mr Andrew Miller that as “a gesture of goodwill the Bank has not pursued Mr Sparkie for its costs”.

 

In September 2007 I received a Bill of Costs from the RBS solicitors for the sum £14080.55 minus 50% making a claimed total payment of £7040.27.

 

I then engaged a cost draughtsman to prepare my points of dispute, of which, with the exception of 3 small points were rejected.

 

In addition to this rejection of my points of dispute, I then received a revised Bill increasing the Bill by £500 for omissions, claimed to have been made from the original Bill.

 

The Bank ( RBS) then submitted the Bill for assessment.

 

The assessment hearing took place in The Chester County Court on the 3rd September 2008, presided over by the Honourable Judge Harrison, the Bank through its solicitor’s submitted to the Court that they were entitled to claim 50% of all of their costs.

 

Judge Harrison then proceeded to assess the Bill as per the Judgement order, he did not wish to read you judgement summary informing me that he was obliged to work off the actual judgement order, which is now assessed at some £ £8250 including the assessment hearing costs.

 

In view of your end paragraphs of your judgement I was of the belief that you meant that I was only liable for the costs of the actual hearing, in view of this Judge Harrison stayed the enforcement of the costs order for 28 days in order for me to contact you direct for clarifiction.

 

I believe that you meant 50% of the actual hearing only. My reasons for that assumption is, before the actual hearing began in full you informed me that I had won my Data Protection claim.

 

You then went on to ask me if I wished to proceed with my claim for damages.

I stated that I did.

You then adjourned the hearing for one and a half hours, in order for me to “readjust / ammend” my submissions for damages alone.

 

Unfortunately due to my inexperience and naivety, I had not, as you made perfectly clear to me, paid enough attention to proof of damage, and did not present you with the case law that proved beyond doubt that damage occurs in every instance when defaults are registered with Credit Reference Agencies and does not have to be proved.

 

I refer to the case Kpohraror v The Woolwich [1996] 4 All ER 119

 

“The credit rating of individuals is as important for their personal transactions, including mortgages and hire-purchase as well as banking facilities, as it is for those who are engaged in trade, and it is notorious that central registers are now kept. I would have no hesitation in holding that what is in effect a presumption of some damage arises in every case”

“I would uphold the master's award of general damages of £5,550. He said that it was 'somewhat coincidental' that this was £1,000 more than the amount of the cheque, although I think he meant by this that the appropriate sum by way of general damages could be calculated in that way in the circumstances of this case. This amount, as he explained, contained some allowance, though not very great, for injury to the plaintiff's credit and reputation in Nigeria”

 

That was my downfall and my fault and does not affect your actual judgement, the failure was my fault, you made the judgement on the facts presented to you, you cannot be expected to be able to read my mind.

 

I merely add this to reinforce my submission that I believe that you meant I should be liable for the hearing costs and judgement only, which in my view would be 50% of say £2000, and refer you to your view in your judgement that you believed that to pursue me for 50% of that £2000 was uneconomical for the Bank to do so.

Unfortunately for me they did not take your advise.

 

 

I therefore place myself at the mercy of your decision on my application as to what the order was in fact meant to be.

 

 

Very respectfully

[Sparkie1723]

can a moderator or bank fodder look at sparkies case and the invaluable work he has done on this site through his case.... If we set up an account for say sparkies costs and we ask for donations , I would be happy to make a donation towards such a case..... come on CAG let us really get behind people who are challenging the big companies.....????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

 

Thanks for the idea and offer fergal71, but most of the people on the forum are in the same boat they have not got money to throw about supporting me when they cant really afford to take these morons on themselves in their own cases,

 

thanks again matey your support is really appreciated,

 

sparkie

[citizenB]

sparkie, I emailed you but forgot to say it was me

[fergal71]

hi sparkie I am sure that is the case for many on here, there are also others who just want some payback.... There are over 180,000 as members on here if each of us paid £1 into a special fund which I am sure we could all afford then we could democratically decide on which cases to use the money on. Yours for me would be a prime example I am sure there are other cases also we could vote and use the funds to appoint solicitors etc to fight cases that will set precedent maybe and benefit the masses....

 

I do not think £1-£5 for most is unrealistic... if mods put on front page and we set up credit union acct for us all to pay into online or by phone etc...

 

we can then set up a voting poll for those who have donated

 

what do you think ?????