Fat Controller v RBOS

[livelylad]

Yes defo a wasted costs order.

[Nell2609]

With your court date fast approaching, just wondering if they have been in contact or offered a full settlement yet?

 

Wish I had your experience of a Courtroom environment. I am in the process of preparing my bundle now. I know I submit it at least two days prior to the hearing, but if it gets to my hearing date what am I supposed to do/say in Court??

 

What date in August is your hearing?

[Fat.Controller]

Nell

 

Not heard anything from either Cobbetts or RBS since their first offer was rejected.

 

My court date is 8 August and I will probably give Cobbetts a ring a week before.

 

In my opinion the issue to concentrate on is proving that the charges are a penalty and not a fee for a service. There are some posts on the Barclays Bank forum today that suggest that some judges are looking closely at this issue. T&C's become important in this case and you should try and get them from when you opened your account. You have to show that the wording of the T&C's does not favour the banks.

 

Although I am used to the court environment, my experience is in criminal law and quite different from this branch of contract law. The burden of proof is very different and I will need to be as focused as everyone else on this site.

 

Good luck with your case.

 

FC

[Nell2609]

Thanks FC. I wish you the best of luck! Sleepless nights have begun for me already, and I'm a week behind you.

 

Seeing as you have prepared your bundle can I ask a wee question?

 

Guidance on completion of court bundles states that section b should include statements and affidavits. Does this mean that I have to enclose a copy of each individual statement page pertaining to charges claimed, or will the table of dates/interest/reasons/amount suffice?

 

Cheers.

[Fat.Controller]

Nell

 

There are two types of statement needed for your bundle:

 

1. Copy of each of your bank statements (individual pages) showing the charges levied on your account.

 

2. Statement of Evidence from you setting out your case against RBS

 

Hope this helps.

 

FC

[Nell2609]

Cheers FC.

 

Can you point me in the right direction to any templates providing good examples of how to word your statement of evidence?

[Fat.Controller]

Nell

 

I can't remember where I found the statement of evidence that I used but there is an example of what you need on this link

 

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/36692-peter-rabbit-barclays-success-2.html#post492578

 

just remember to edit the text to suit your case.

 

I got a cheque from Cobbetts this mornring in "full and final settlement" with usual conditions attached. Unfortunately is was about £200 short of the full figure so I tore it in half and sent it back with a rejection letter. Even this close to the court date they are still trying to intimidate me into accepting less than the full settlement.

It was hard to rip up the cheque because it has taken a long time to get this far and I am aware of the OFT test case which hits the High Court tomorrow. I am not sure how quickly the fall out from that case will start to affect current or new claims. My fear is that the banks will stall even more now and wait for the outcome of the test case.

 

Good luck with your claim.

 

FC

[Nell2609]

That is my fear, precisely. If the courts grant a stay, does that mean our cases will be suspended? If so, until when?

 

I haven't heard anything since their first offer, in May. I basically would have been waving goodbye to £3,000 had I accepted at that stage. That said, there have been so many times I have looked at the offer and thought that £5,000 was more than I ever thought I would see again. You did well to rip up that cheque, all things considered.

 

But you are right in what you say; their initimidation tactics must not be allowed and it is your money, at the end of the day. The stress levels induced are unbelievable, though.

 

Thanks for your help, FC. Good luck.

[Fat.Controller]

Not heard anything back from Cobbetts. Due in court next week so will send a letter to Cobbetts tomorrow pointing out that as they did not submit any further evidence (bundle) then whenever the claim is heard, they can only rely on their original skeleton defence.

 

See if they are minded to settle? Short of information on this forum as to how RBS are dealing with the current situation. Will have to wait and see I guess.

 

FC

[canobeans]

Hi FC

Just a quickie......How does one address the court/Judge????

 

There on Friday!!1

[Fat.Controller]

Cannobeans

 

You should address them as Sir or Madam.

 

Good luck for today. Let us know what happens.

 

FC

[canobeans]

Thanks FC

Thought that was probably the case but best to check.

I'm in court friday.....if it's still going on!!

Lots of different stories about the courts position but we'll see what happens.

I'll let you know what happens.........I'm really looking forward to it;)

[Fat.Controller]

In court next week so rang the court office today. Staff have been issued with a notice which says (in summary)

 

"all cases will be dealt with on an individual basis. No 'blanket' applications taken from any bank. All objections to stays will be heard in full by the judge"

 

Seems pretty fair to me given the circumstances. Have written to Cobbetts today to see what their stance is as they have not submitted further evidence (court bundle) which somewhat weakens their case. However, having read the RBS website, fully expect them to apply for a stay.

 

FC

[canobeans]

FC

on my "transfer of proceedings" I got from my county court it states in bold lettering that......

"Note: Any party affected by this Order may under Rule 3.3 (5) apply to haveit set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order"

 

This means then that they can't get a stay now surely??

 

Anyway all will be revealed tomorrow!!!

[hedgey06]

FC, could I ask which court your hearing is at please?

[Fat.Controller]

In court next week so rang the court office today. Staff have been issued with a notice which says (in summary)

 

"all cases will be dealt with on an individual basis. No 'blanket' applications taken from any bank. All objections to stays will be heard in full by the judge"

 

Seems pretty fair to me given the circumstances. Have written to Cobbetts today to see what their stance is as they have not submitted further evidence (court bundle) which somewhat weakens their case. However, having read the RBS website, fully expect them to apply for a stay.

 

FC

 

Lying Ba*****s

 

In the post this morning ' General Form of Judgement or Order'

 

" upon the request of the defendant it is ordered that .........claim stayed"

 

Now I'm annoyed!!!!!

 

FC

[hedgey06]

How charming of them

 

Apply to have it set aside immediately - use the links on my signature.

[Nell2609]

I haven't heard anything from mine either, FC. Bundle now completed (finally!) and shall be taking it in on Monday, and posting index to Cobbetts for info.

 

I too am disappointed there are not many updates on the forum but, in all fairness, after watching last week's interview with Moneysaver's Martin it would seem that this came out of the blue and the three main consumer groups had no inkling this would happen.

 

I know this needs to be decided, for the benefit of all, but after months of fighting and having the finishing line in sight (15 August) from an utterly selfish perspective I wish this could have waited...

 

Found this on my travels. Have signed this and think it can only add pressure on FSA if this is hammered by as many folk as can be mustered.

 

Make UK Banks Deal with Bank Charges - Online Petition

[canobeans]

Thanks Nell....I've signed it too

[Fat.Controller]

Would have been judgement day tomorrow had it not been for the stay.

 

Still going to court however to hand in my application to have the stay set aside. I am using the Penalty Charge UK template, edited to fit my case, and including a section on Abuse of Proces as Cobbetts have made a recent offer to settle in full.

 

Wish me luck !

 

FC

[hedgey06]

Best of luck FC - let's hope the Judge lifts the stay and allows your case to be settled............ in full! x

[canobeans]

Go for it mate.....best of luck!!!!

[livelylad]

Best of luck.

[Nell2609]

Good luck, good luck, good luck!

[Fat.Controller]

Application went in today, another £35 to the treasury.

 

Now just have to wait and see !!!!!

 

I wonder what the sentence is for GBH on a Deputy District Judge?

 

I might just be out before the House of Lords rules on bank charges!!!!

 

 

FC