Cheakychops v Royal Bank of Scotland

[Cheakychops]

Actually reading your question again, I'm not really sure what you are getting at? What do you mean how do you go on with court costs and solicitor?

 

 

I sorted that part out now sorry.

I just need some going to court advice..and vibes im gonna go get the papers tomorrow then they are ready for wed morning post out

hubby sugested sending them a letter saying we will take a cut price if they pay us bk within14 days but i dont know..what do you think

[isidore]

It's a personal decision. One I can't make for you.

 

If you are worrying, look at the number of people that are successful. There is a whole forum dedicated to the successes for RBS and one each for every other bank. Just because you haven't heard from them doesn't mean you should lose out by offering them a cut price deal.

 

If you don't want to file straight away, send them a letter at the end of the 14 days saying that you are aware of the backlogs that RBS are currently suffering (they are telling people this ALL the time) and that as a result, you will be extending your deadline for your LBA by a week (or two - or whatever, your choice) but rest assured once this deadline is up, you will be filing.

 

Use the time to do your homework, get ready to file, read up on all the successful people getting all their money back once they've filed.

 

Right now, assuming your spreadsheet is correct, you are in no different a situation than anyone else in the RBS forum, have you noticed that? Everyone is getting frustrated because RBS just aren't getting their offers out. The whole point of it is to try and save money - to see people crack and take smaller amounts.

 

I'm not trying to get you to do something you don't want to do...ultimately this is yours and your husbands decision. The proof is on here that this system works, you only got to read but at the end of the day you do what you got to do.

[isidore]

http://www.consumeractiongroup.co.uk/forum/rbs-bos-successes/

 

Here are all the successes against RBS.

[Seahorse]

OK, just got round to reading your thread CC. I am right in thinking you are in Scotland, yeah?

 

OK, if so, the LAST thing you want to do is take this to court. Although it should still be an option in your armoury should you require it. However, your claim amount takes you way over the £1500 limit for summary cause, and into the realms of ordinary cause. Which you won't be able to do yourself; you WILL need a solicitor.

 

But it shouldn't come to that. Give them until your LBA time limit is up, then send them a letter along these lines.

 

Dear Sandy,

 

Further to my letter dated, blah, blah, I am disapointed hat you have not yet seen fit to respond positively to my request that you refund the charges debited unlawfully from my account.

 

However, I am prepared to allow the bank a further period by which time I will expect a substantive response to my complaint. You therefore have until (work out 8 weeks from your prelim letter) to either write to show me that your charging regime is lawful or, in the alternative, confirm for me your intention to refund my charges as per the schedule I have previously sent you.

 

Failure to comply by that date will leave me no alternative but to escalate my complaint without further notice to the Financial Ombudsman. If that course of action should fail to satisfy my complaint, I will as a last resort, seek to take action through the courts, again without further notice.

 

Or something along those lines anyway.

[Seahorse]

But do bear in mind that Sandy's team are doing their best to get these things settled, and as yours seems straightforward, you should get an offer way before the FOS manage to get around to your complaint.

 

I know it's frustrating, but patience IS a virtue. So I'm told anyway.

[Cheakychops]

Im in manchester but thanks for the advice

[Cheakychops]

Still no news here and comming up to the extra 14days i allowed them whilst i got myself together so i need help now people;

the court papers im going to send off in a few days then what? do i just sit and wait till they respond. cheers

[Cheakychops]

is it normal to have no response at all only to say we are dealing with you??

[isidore]

Not normal, but it's not unexpected. The letter isn't worth receiving anyway.

 

As long as you know the letter was delivered (have you recorded delivery confirmation?) then no need to worry, just progress your claim as necessary.

[canobeans]

Cheakychops.......I'm also in England.......I'm at the stage where they have lodged a defence to my claim......this is what I've done:-

 

1. Sent letter to request refund of unlawful charges

 

14 DAYS.......NO REPLY

 

2. Sent "letter before legal action"

 

14 DAYS........NO REPLY

 

3. Applied on line @ MoneyClaim for summons....cost £120.....order deemed to be served approx 5 days later to allow for post etc.

 

11 DAYS......RECEIVED OFFER OF APPROX 70% OF CLAIM.......I refused it

11 DAYS......bank "ACKNOWLEDGED" claim, this gives them 28 days from when the summons was first issued (approx another 14 days) to enter a defence

25 DAYS......received defence from Cobbetts (RBoS solicitors)

 

4. Sent letter saying they have already got this info, etc, etc.

 

Hope this helps in giving you some kind of time scale and what happens....it's been just over 2 months so far!!!

[Cheakychops]

Cheakychops.......I'm also in England.......I'm at the stage where they have lodged a defence to my claim......this is what I've done:-

 

1. Sent letter to request refund of unlawful charges

 

14 DAYS.......NO REPLY

 

2. Sent "letter before legal action"

 

14 DAYS........NO REPLY

 

3. Applied on line @ MoneyClaim for summons....cost £120.....order deemed to be served approx 5 days later to allow for post etc.

 

11 DAYS......RECEIVED OFFER OF APPROX 70% OF CLAIM.......I refused it

11 DAYS......bank "ACKNOWLEDGED" claim, this gives them 28 days from when the summons was first issued (approx another 14 days) to enter a defence

25 DAYS......received defence from Cobbetts (RBoS solicitors)

 

4. Sent letter saying they have already got this info, etc, etc.

 

Hope this helps in giving you some kind of time scale and what happens....it's been just over 2 months so far!!!

 

 

Ah right so similar post papers tomorrow then have they got 14days or 28days to reply 1 way or another is that right?? im sure thats what i read thanks again

also yeh i have proof she mailed to say thanks and she sticking to the rules of the timescale they follow.

[canobeans]

From when you take out the court summons thingy.....the court allow about 5 days before the order is deemed as issued - to allow for post.

The bank then have 14 days to "acknowledge" summons......then a further 14 days to lodge a defence (ie. 28 days from when order thingy is deemed issued)

It's easiest to issue by going online and paying (it cost me £120) by card.....MoneyClaim

[Cheakychops]

cheers for that.

[DP38]

Hi there -

 

it's been a wild ride as I am up against Natwest - essentially the same bunch as you! The info on here has been really helpful, and when extra questions need answering they do tend to get answerd which is such a great resource.

 

The thing that's given me the stones to see it through is the successes on here. I've just written back to Natwest to go into the post today re the CR18 delaying tactic 'more questions' thing they apparently tend to send out, and i have had a post from a moderator saying 'nearly there' which is great.

 

I faffed about at the beginning and ummed and errrred and since I actually stuck to the advice and timetable and templates it has moved forward at a cracking pace. Natwest have put forward a defence, and the 28 days is I think up at the end of this month (must check!). Hopefully all will come in in time for hols!

 

Just thought I'd share non practical but hopefully strengthening thoughts Great luck - looking forward to reading about your success soon! Debs

[Cheakychops]

Well the papers are just being sent off wish me luck now.....

[canobeans]

I'm sure you have the good wishes from all the CAG members:D

[Cheakychops]

I'm sure you have the good wishes from all the CAG members:D

 

 

I hope so no one has really spoke to me only you and T4ff so thanks x

[canobeans]

You don't need anyone else;)

Seriously though, all the info you need is on here somewhere just a case of searching.

[Cheakychops]

You don't need anyone else;)

Seriously though, all the info you need is on here somewhere just a case of searching.

 

 

thanks ive just taken the papers back they sdaid they will be in contact in due course so its just a waiting game again now cheers

[isidore]

best of luck cheaky

[HydraUK]

I hope so no one has really spoke to me only you and T4ff

 

But we are WATCHING!

 

Keep up the good work.

 

Phil

[isidore]

Quite scary really...

[Cheakychops]

Got a letter from the Court this morning there was a delay in issuing my papers so they have been issued this morning (1.5wks late) so they have till the 8th june now..

[Cheakychops]

Well 14 days is up today they acknowledge it yesterday so they now have extra 14days..is there any chance after all this im gonna get nothing???

[isidore]

This I believe is a common tactic by them. Don't be put off by it!!