B of S mortgage **won**

[BankFodder]

Do it all again. there is one linked in the library which allows you to type on it and then print it out.

[gerih]

Another letter from Sean Cooney - cust service officer - failing to justify their charges, so claim submitted:

 

Bury St Edmunds court

Claim 6bv00492

Defendant Bank of Scotland

Value £130 plus £30 court fee plus interest.

 

 

They have to 30th March to reply.

 

Please could a moderator add this to the litigation thread.

[gerih]

No reply so far.Six days for them to respond.

[gerih]

Times up - BOS had until 4pm to reply to the court.First thing tomorrow I`ll be handing in my Request for Judgement.

[gerih]

I`ve been away for a few days so maybe missed something,but there seem to be no threads in the bos/rbs forum pre 4/4/06.

BOS had until 4pm on 30 mar to enter a defence and did not,so i applied for default.Now,i have a letter dated 30/mar from Ian Brown Cust Service Officer stating "We would advise that we will defend any claim in respect of charges as we feel these were justified and must advise that if we are required to instruct our solicitors in defence of this claim then you may be liable for their costs and subsequent court costs as well."

As they did not reply to the court by the deadline,can they still defend?

[gerih]

Sorry - just found the earlier threads.Is it possible for this to be merged with the other gerih thread?

 

DONE.

[skyrocket123]

What was the answer?

[gerih]

I just spoke to Shirley King at RBS.They are claiming that they never received the papers from the court.Haven`t we heard this one before?She said that she will get their solicitors to phone me.

[gerih]

Shirley King still saying that they have never seen the court papers and asked me to fax them.Not my problem.Can they still try to contest this?Judgement was filed for 7 days ago.When can I send the baliffs in? That would be so sweet.

[wintermare]

cant you ask the court.

or dont they know

[wintermare]

Scottish Statutory Instrument 2002 No. 133

 

Act of Sederunt (Small Claim Rules) 2002

 

 

 

CHAPTER 8

 

Undefended claim

 

Undefended claim

 

8.1. — (1) Where the defender has not lodged a form of response on or before the return day, the claim shall not require to call in court.

 

(2) Where paragraph (1) applies, the pursuer must lodge a minute in Form 11 before the sheriff clerk's office closes for business on the second day before the date set for the hearing.

 

(3) Where the pursuer has lodged a minute in accordance with paragraph (2), the sheriff may grant decree or other competent order sought in terms of that minute.

 

(4) Where the pursuer has not lodged a minute in accordance with paragraph (2), the sheriff must dismiss the claim.

goven law centre

[gerih]

Thanks for the reply.I claimed at the London branch of BOS where I had an account once.Just `phoned the county court.Although I filed for judgement on 31/3,they are still working on 29/3 and so have done nothing with the judgement yet.Yesterday,BOS asked the court for a fax of the claim,which they sent.As at 4pm,BOS have not acknowledged the claim.

Judgement seems to be in limbo at the moment.

[gerih]

BOS claim that they can`t find where the claim forms went and are now out of time so have paid in full."It is paid without any admission that your claim had merit and would have succeeded had it been defended." etc etc.

I don`t believe them of course.

[Janet-M]

CONGRATULATIONS on getting your money back .

[gerih]

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