I Have A Court Date Please Help

[james76]

:? Hi All Could Anyone Please Help Me. Basically I Followed All Of The Useful Steps Outlined On This Sight And Had Got To The Stage Where I Had Applied Online To Take The Rbs To Court.

 

they Never Replied Back To The Courts Notification And After A Long Drawn Out Wait Was Issued A Court Judgement In Our Favour As I Had Won By Default.

 

still No Reply From Rbs So I Issued A Warrant Online Which The Bank Were Told They Needed To Reply To......

 

.then Nearly Three Weeks After This And Believing That The Case Was Coming To An End , They Have Now Filed An Application To Set Aside The Judgement Stating That They Never Responded Due To An Administration Error And If Allowed To Take The Case To Court They Strongly Believe That They Would Win.

 

There Solicitor Has Also Asked For Me To Supply My Evidence To Them But When I Spoke To The Court They Advised That If The Judge Requires Anything He Will Ask For This....

 

we Are Now Awaiting A Hearing But I Cant Believe That They Have Been Able To Do This Soo Late On...

 

any Advise Please I'm Willing To Fight Them And Take This To The End But Im Feeling Rather Nervous And Anxious.

 

Is There Anything That You Recommend Me Doing Or Is There Any Evidence On This Sight That I Can Read Over In Relation To The Charges.

[Guest NATTIE]

I would PM a mod or PM Glennuk who is very informative on this type of thing, IMHO

[james76]

Thankyou Very Much For Responding To My Message But Could You Please Clarify What Pm A Mod Or Pm Glennuk Is Many Thanks

[james76]

Hi Thanks For Replying....the Bank Applied To Set Aside Judgement 21days After It Was Issued...haven't Had A Hearing Come Through From The Court Yet But When I Called The Court To See What Was Happening I Was Advised That It Can Take Up To Four Weeks To Hear A Response. The Initial Claim Was Issued On The 18 Aug 06 And The Bank Had Until 6 Sept 06 To Respond Which They Failed To Do So The Judgement Was Entered Against The Bank On The 8 Sept 06 And Then A Warrant Was Issued On The 14 Sept 06

[Glenn UK]

Is this claim taking place in scotland or england?

 

And 'pm' means send a private message to someone.

 

It may help people to advise you/comment if you post some details of your claim.

 

Glenn

[DNA]

You may apply to set aside a default Judgment at any time - read this for the circumstances:

 

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT

 

Like Glenn said, we're flying in the dark without more detail.

[james76]

Hi Thanks For Replying Glenn This Claim Is Taking Place In England My Claim Is For £5000 And Has Been Ongoing Since The End Of June The Rbs Have Only Made Contact With A Standard Letter At The Start But I Had Not Heard Anything Off Them Until They Filed To Set Aside The Judgement Is This Normal

[james76]

Hi Thanks For Replying Could You Advise Me What Extra Details I Would Need To Post For Me To Get Some More Help

[james76]

HI

[Glenn UK]

James

 

You need to basically summarise your claim so far and any reposnses/defence from RBOS. From what youre saying though you dont have anything until the request to set aside the judgement.

 

I do wonder whether you can write to the court opposing the application to set asied the judgement since it (CPR 13) does require the applicant to make aprompot application.

 

Do you know DNA and also is it likley to have any bearing on the courts decision?

 

Is there a time specified for which to respind back to the courts?

 

If noy give them a ring and ask if you can object the application to set the judgement aside based on the lack of a case on the part of the defendant?

 

GLenn

[DNA]

In my experience, when someone submits an application to set aside Judgment, a Judge will normally decide the application at a hearing unless they feel they can deal with it on the papers alone. There are some procedural reasons where the Court can and will set the Judgment aside, they are all explained in CPR part 13. If James's claim does not fall into one of the "automatic" set aside categories, then he'll (unfortunately) have to wait and see what the Court decide. If RBS can demonstrate that they have reasonable prospects of successfully defending the claim, a Court may be minded to set aside the Judgment and issue directions for the future conduct of the matter - again, this is entirely at a Judge's discretion. One thing in James's favour - Courts tend to take a dim view of Defendants ignoring timescales laid down by the CPR in responding to claims, especially if that Defendant is a company (and probably with Cobbetts' backing) - so he might get lucky and the Court will refuse to set aside and the Judgment will stand, James can proceed with his Warrant and RBS should pay up.

[james76]

hi can anyone help me as i am at court on monday 27th of november for a hearing as the RBS are trying to set aside judgement. The RBS only acted once i had sent the bayliff in to collect the money. they blamed incompetence for not acting earlier

[james76]

hi ihave been to court today 27/11/06 to face rbs who wanted to set aside judgement as they never made contact until i sent a bayliff to collect my money. Got to court at lunch hoping no one would turn up but rbs sent there represetative from cobbetts she was not a very nice person but the judge was fantastic, but unfotunatly had to set aside judgement and gave a court date for next week. The judge metioned that he had not heard of a case to go to court and warned the women from cobbetts this had big implications for the rbs if they lost and told me i need to be able to prove that the charges are penalty charges can anyone give me a bit of advise as to how i should argue my case thanks

[justwon]

What court and who represented Cobbetts?

[james76]

Nottingham crown court and a barrister called miss Duckworth i think!

[justwon]

Emily Duckworth that will be

[justwon]

Here she is

Kings Chambers: Leading Barristers Practising from Manchester and Leeds, UK

[james76]

have you dealt with her before

[justwon]

No. Heard of her though. If you goto the NatWest forum and ask you will find others who have dealt with her, if it interests you.

[james76]

thanks for your help

[SweetRevenge]

I know it takes some reading, but have a look at this thread:

 

Contractual Interest: Full Details of Case against RBS including pleadings

 

Basically the claimant states that there was no contract between them and the bank. They appear to have divorced the T&C's from any contract, first of all. If the defendant cannot supply hard-copy signed contract, then they have no right to charge anything - No contract = money was "nicked".

If the defendant insists there was a contract quoting the terms and conditions, and use them to claim 'equity mutuality and reciprocity' then the charges were penalty charges - case pretty much proved. I've simplified that very much, you need to make sure you understand the claim - but I think it will help.

 

 

Best of luck.;-)

 

 

 

 

[justwon]

I know it takes some reading, but have a look at this thread:

 

Contractual Interest: Full Details of Case against RBS including pleadings

 

Basically the claimant states that there was no contract between them and the bank. They appear to have divorced the T&C's from any contract, first of all. If the defendant cannot supply hard-copy signed contract, then they have no right to charge anything - No contract = money was "nicked".

If the defendant insists there was a contract quoting the terms and conditions, and use them to claim 'equity mutuality and reciprocity' then the charges were penalty charges - case pretty much proved. I've simplified that very much, you need to make sure you understand the claim - but I think it will help.

 

 

Best of luck.;-)

 

 

 

 

 

Even although that case relies upon the arguement of "there being no contract purporting to allow the Defendant to levy the charges to the account" it has the standard penalty charges arguement (UTCCR, UCTA, common law, etc) as a back up. Also it has a modified rebuttal to the service defence arguement (which RBS/Natwest seem to love).

 

I think the "equity mutuality and reciprocity" was with regard to the implied term of contract regarding contractual interest.

[justwon]

The address of the thread is.

 

http://www.consumeractiongroup.co.uk/forum/rbs-bos-successes/49470-contractual-interest-details-case.html#post398174

[james76]

I Have Received A Letter From Cobbetts On Behalf Of The Rbs Offering Me £2600 Of A £5566.04 Claim As A Gesture Of Goodwill As They Are Confident Of Success In The Court. They Have Also Put In 2 Conditions (1) I Agree Not To Disclose To Any Third Party The Fact Of, Or Any Details Relating To, This Payment (2) I Write To The Court Withdrawing My Claim. I Am Not Prepared To Accept This Offer But Could Do With Some Advice On How I Should Go About Responding To Cobbetts

[livelylad]

I Have Received A Letter From Cobbetts On Behalf Of The Rbs Offering Me £2600 Of A £5566.04 Claim As A Gesture Of Goodwill As They Are Confident Of Success In The Court. They Have Also Put In 2 Conditions (1) I Agree Not To Disclose To Any Third Party The Fact Of, Or Any Details Relating To, This Payment (2) I Write To The Court Withdrawing My Claim. I Am Not Prepared To Accept This Offer But Could Do With Some Advice On How I Should Go About Responding To Cobbetts

 

Send this letter, This is a standard tactic from them. Hold out they will pay in full soon. And you do not have to agree to their conditions.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html