annifridsl04 vs RBS

[hedgey06]

Hi annifrids - click on the link in my signature for 'Nat West Claimants' - and scroll down until you get to the section on how to complete the AQ. Everything you need to complete section G, plus request that Cobbetts defence is struck out as an abuse of process/request draft order for directions is on the link.

 

Best of luck

[kiff]

Hi Anni

 

I've been sunning myself in Cornwall for the week, but before I left I rec'd the AQ (N150!), so a little bit different. I have no idea why I got this one instead of the N149 form, but have filled it out nonetheless and have to submit it to my local court by Weds with the £100. I have attached the Draft Directions and the following 'other information':

 

Other Information

If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order.

 

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour.

I found it on here somewhere! I'm going to attach these with the AQ and deliver by hand on Weds. I will also send a copy of it all to Cobbetts, along with an up-to-date SOC.

Hope this helps in some way and take comfort that we're both at the same stage now! Who'll get a date first!!! I have to say it was all a bit of a shock to come back and find out about the OFT test case. I see that RBoS weren't on the list of banks - but do you think that'll make any difference? Best of luck anyway Anni.

Kiff

[annifridsl04]

Thanks guys! Thats a big help... I'll get my AQ sorted today.

 

Hope you had a good holiday Kiff! I feel like I need one aswell. Ive got 4 claims on the go. Mine, my Auntie's, My uncles & my other Auntie's...the only one I've won is my Mum's.

 

I've also had to just get an overdraft, which I was panicking about. i thought they might not let me have one as Im claiming my charges... My exhaust has gone on my car...not too worry! i'm sure it'll all work out in the end.

 

Ta Anni.

[annifridsl04]

So do I also have to send my AQ to cobbetts aswell?

[hedgey06]

So do I also have to send my AQ to cobbetts aswell?

 

Yes - plus any attachments you've included with your AQ (e.g., draft order, etc).

[kiff]

Hi Anni

 

I handed in my AQ yesterday. I attached the Draft Orders and an updated SOC and I sent copies of all of it to Cobbetts today.

 

Holiday seems a dim and distant memory now! But enjoying the good weather and the onslaught of the kids holidays! Fortunately our village run a free drama club 3 days /wk, so hope to get 5mins to myself at some point!

 

I know what you mean about all the claims - I've got 5 on the go at the mo, all now going through the court process! It seemed like a good idea at the time to just go for it.....but sometimes wonder if I'm going to be able to keep on top of them all! Court Bundle time should be easier - though still lots of copying required!!

 

Good Luck Anni, I'll keep watching your thread.

Kiff

[annifridsl04]

Oh yea the court bundle, I forgot about that...great

 

I was wondering about this Litigation details...its plastered everywhere that you should pass them onto a Mod. But what are they? Does it mean like my claim number? lol...i have no idea

[hedgey06]

Hi again! If you send me a PM with your claim number and the amount you're claiming, I'll add your details to the litigation section.

[annifridsl04]

Ok thanks I'll send you a PM tonight...

 

If I'm honest, I think Ive messed up.... I sent them the AQ back for Monday 13th & I think the chq has bounced. i asked the bank to extend my overdraft and I dont think its happened.... Im panicking

[annifridsl04]

o k panic over...I think, I rang the bank and apparently the chq hasn't been presented. Also, the bimbo who I spoke to yesterday hadn't even applied for my o/d to be extended.

[kiff]

Hi Anni, have you heard yet whether your claim has been stayed by your court yet? I haven't had anything yet, but am expecting a letter from the court anyday - I have already had one for my Barclays claim.

 

Keep in touch,

Kiff

[annifridsl04]

Ive rec'd a copy of the letter Cobbetts have sent to get the claimed stayed. But I havent had anything official from the court yet.

 

Vic x

[markfireblade]

hi

 

Could any one help i am a bit confused i am sending a preliom letter with the totol of my charges but what is the schedual of charges i need to send with it. has anyone had any recent look with RBS

 

thanks

Mark

[annifridsl04]

Hi Mark,

Sorry it taken so long to get back to you. Ive not been on for a while.

 

Take a look here

Use the excel sheet and list all of your charges. If you need anymore help. Let me know. Also you should start a thread of your own, then all the information regarding your case is in one place. It makes it easier for people to help.

 

Good luck!

Anni

[annifridsl04]

Ive not rec'd confirmation from the courts yet that my claim has ben stayed...I did however rec a copy of a letter sent to the defendent (which i hope is the bank) saying they had missed some things out of their AQ.

 

Could that be holding things up?

 

Anni

[hedgey06]

Hi again Anni, it might be worth giving the court a quick ring tomorrow just to confirm what's happening with your claim right now (e.g., the problem with the defendant's AQ, why you haven't received a letter to say your claim's been stayed, etc). They should be able to let you know what's happening

[annifridsl04]

Hiya, I rec'd a letter today from the Court Staying my claim.

 

I keep meaning to send you a PM hedgey with my claim details...I will defo do it tonight.

 

Ta Anni

[annifridsl04]

I've not been on here for a while. Have I missed anything?

 

My friend was telling me that it is unlikely that people will get there money back after the test case, due to the fact that the law will be changed before the case goes through to stop people from claiming.

 

Please tell me this isn' true :o)

 

Ta Anni x

[zootscoot]

Hi Annifred,

 

There is a slim possibility that the test case will not go our way but the overwhelming view is that the OFT will win.

[annifridsl04]

Damn it....I've got another charge. I was doing so well. Hadn't had one for over a year. I rang the bank and asked them to remove it. They said that they had rec'd a ltr advising not to refund any charges until the OFT case has been decided. Nevermind, hey.

 

Anni

[annifridsl04]

Well, I've not been on here in a while! Whats been going on? Are people getting there money back yet? Anni x

[hedgey06]

Not yet Anni.............. everything's still on hold for a while longer while one of the appeals is heard

[annifridsl04]

How about now? It's taking a very long time. Bah!

 

Also, I moved address about 6 months ago. Should I tell the solicitors? I told the bank so surely they are responsible for advising them? I hope I've not had any correspondence from them in the meantime. It didn't even cross my mind until the other night when my Dad mentioned that people have started getting there money back... I thought it was strange that I've not heard anything. Oops!

 

Thanks

Anni x

[annifridsl04]

Has it started again yet? I'm a little lost. Are people still claiming?

 

Also, as I said above, I've changed my address with the bank. Will I need to inform the court and their solicitors, Cobbetts? Will I have to pay to change it with the court? I moved nearly a year ago and my claim had already been stayed. So I hope I haven't had any correspondence from them.

 

Please help, I've not been keeping an eye on it like I should have.

 

Thanks Anni x

[annifridsl04]

Anyone? Do people not come on here anymore?