canobeans v rbs

[canobeans]

Greetings

Living in England.

I've issued RBS with a summons for £1650.....(unfair charges/interest/court fees)

I started my campaign at the beginning of March and followed the instructions on this site until I finally took court action at the beginning of April.

 

My first reply from rbs came yesterday (18th), as an offer for approx 70%.

I intend to push for the lot.

 

What I'm unsure about is whether it is acceptable to make contact with them by phone, to try and negotiate a better deal, or will this jeopardise my court summons. Apparantly rbs must reply to the court action by 22nd April.

OR should I just ignore their offer and wait for the court process to run its course.

Thanks

canobeans

[livelylad]

Send a letter using this link, continue the process they will repay all your cash back.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[canobeans]

UPDATE:

This morning I received "Notice that Acknowledgement of Service has been filed"

They're going to defend all the claim.......SURPRISE, SURPRISE!!!

I'll let you know what happens.

If I've read it properly I have to wait 28 days from when it was FIRST issued.....that should take it to the second week in May.

(I'm experiencing lots of different emotions all adding to the excitement)

[Karne]

lol

 

28 days from service (so 3-5 days after it was issued) - the 'deemed served' date will be on your 'notice of issue'

[canobeans]

Hi Karne

Yeah, that's how I read it.....so let's see what happens in May.

BRING IT ON !!! ....... "nothing ventured - nothing gained"

[canobeans]

Latest :-

Now had the "Request for further information and clarity" letter from Cobbettts.

I've searched through cases on this site for about 3 hours to try and find out what I do next.

I can't find a template letter to reply to these questions and I don't really understand what they want. The closest I could find was on BigCol's thread....but again he said he altered the letter.

Up to this point I've been fairly confident but now I'm getting a bit lost.

Do I just ignore their request???

OR... Is there a template letter that I can use???

OR... ???

Any guidance would be appreciated. THANKS

[canobeans]

Think I've found what I'm looking for......I would appreciate a nod to confirm this, thanks...........

 

Dear Sir or Madam:

Claim No:

 

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

Account Name:

Account number:

Sort Code:

 

Please also find enclosed a breakdown of all charges I am claiming.

Yours Faithfully

...."copy sent to ........County Court.

__________________

[canobeans]

Just wondering if anyone can confirm if the above letter is OK as a reply to Cobbetts "Request for further informationand clarification" or should I just ignore their letter???

Thanks

[canobeans]

Still not sure......HELP PLEASE!!!

[Sparkie1723]

Hi canobeans,

 

I'm no lawyer but iI interpret CPR 18 exactly as it reads the court must order you to comply at its discretion if it thinks you have not supplied enough info, if you have followed the procedures listed on the forum you can take this as a delaying tactic by the Nat West (& Cobbetts ) I.ve had dealings with them in court, they try every trick in the book.

 

My view is just procced as you are take it slow & double check your every move. Your letter is OK.

Just add should the court rule you have to give further info then you will do so, but until it does you believe that you have given quite sufficient for your claim to be considered, and attended to.

Remember they have to apply to the court for them to have the order made.

I am sure others will jump to your assistance do'nt worry.

 

sparkie1723

[canobeans]

Thanks Sparkie

[canobeans]

Looks like there's a few members at a similar level to me......I've not sent off my letter for "Request for further info" yet as I'm waiting for a hearing date from the court.

[canobeans]

I'm getting bored waiting for something to happen.......reading all the action that's happening to others.....

......So today I decided to pick on Barclaycard........I sent off the first letter (I already had all my statements).

Two on the go and now going to check my LloydsTSB account:D

[Sparkie1723]

Be patient canobeans ,

 

Remember mines been going on for 5 years.

 

sparkie 1723

[canobeans]

Be patient canobeans ,

 

Remember mines been going on for 5 years.

 

sparkie 1723

Yeah but it's exciting!!!!:grin: ;-) 8-)

[canobeans]

Update........got a letter from MoneyClaim saying it is now out of their hands and my case has been passed to my local County Court.

So now I'm just waiting for a hearing date.

[canobeans]

Been going through some old paperwork today and found some T&C's from 2000 if anyone needs them.

Maybe I can send them to Admin so they can be put on file if anyone needs them.......any interest let me know

[Sparkie1723]

Hi canobeans,

I posted this on Atlantics thread but I,ve moved it to yours.

 

No Banks don't have CCJ's recorded against them, thats because they are a coporate body, CCJ's have to be recorded against " person" and they are not a person, thats another way the law is stupid, some Banks must have 100's of CCJ's against them but nothing happens, if customers could see how many CCJ's a Bank had they would think hey hang on these are the worst ******* of them all and move accounts to one that hasn't got as many, we should all go back to being paid by cash every week and give the Banks a miss......never happen . it was the Banks who came up with the idea of getting firms to pay wages straight into accounts.

 

sparkie

[canobeans]

UPDATE

 

I've got my day in court at the begining of August so just putting my "court bundle" together..............big thankyou to Bookworm, Lateralus and GuidoT

 

canobeans

[canobeans]

UPDATE

Got my day in court at the begining of August so just putting together my "court bundle"..........BIG THANKYOU to Bookworm, Lateralus and GuidoT for their help in sourcing the info!!!

 

I've got a few questions though if anyone can help me -

 

1. Do I have to supply Cobbetts with a FULL copy of the "Nichole Rich - Unfair Charges" transcript or can I let them print their own out???

 

2. Do I have to send Cobbetts a copy of my statements.....won't they have them already from RBS???

 

3. Do I include copies of the letters I've received from RBS and Cobbetts???

 

4. RBS have still been making charges to my account should I bring this to the courts notice (if so when?) or will it mean starting another claim???

 

5. Do I have to number all the pages??? .......If so is it OK to number them by pen (ie. not printed)???

 

Any help would be really appreciated, thanks.

 

canobeans

[canobeans]

Can anyone offer any advice please???

 

canobeans

[Fat.Controller]

Canobeans

 

Just giving this one a bump as I need the same information too.

 

Good luck

 

FC

[canobeans]

UPDATE

 

Got my day in court at the begining of August so just putting together my "court bundle"..........BIG THANKYOU to Bookworm, Lateralus and GuidoT for their help in sourcing the info!!!

 

I've got a few questions though if anyone can help me -

 

1. Do I have to supply Cobbetts with a FULL copy of the "Nichole Rich - Unfair Charges" transcript or can I let them print their own out???

 

2. Do I have to send Cobbetts a copy of my statements.....won't they have them already from RBS???

 

3. Do I include copies of the letters I've received from RBS and Cobbetts???

 

4. RBS have still been making charges to my account should I bring this to the courts notice (if so when?) or will it mean starting another claim???

 

5. Do I have to number all the pages??? .......If so is it OK to number them by pen (ie. not printed)???

 

Any help would be really appreciated, thanks.

 

canobeans

 

Still unsure about what to do!!

Any help or ideas would be most appreciated!!

Thanks

canobeans

[hedgey06]

UPDATE

 

Got my day in court at the begining of August so just putting together my "court bundle"..........BIG THANKYOU to Bookworm, Lateralus and GuidoT for their help in sourcing the info!!!

 

I've got a few questions though if anyone can help me -

 

1. Do I have to supply Cobbetts with a FULL copy of the "Nichole Rich - Unfair Charges" transcript or can I let them print their own out??? Not sure - I thought the summary was sufficient?

 

2. Do I have to send Cobbetts a copy of my statements.....won't they have them already from RBS??? You need to send a copy of all statements that show the charges you're reclaiming

 

3. Do I include copies of the letters I've received from RBS and Cobbetts??? Yes - including those you've sent them also

 

4. RBS have still been making charges to my account should I bring this to the courts notice (if so when?) or will it mean starting another claim??? This is a seperate claim at this stage - you need to negotiate these charges seperately from this claim

 

5. Do I have to number all the pages??? .......If so is it OK to number them by pen (ie. not printed)??? Yes - you need to number the pages as indicated in the court bundle guidelines. Doesn't have to be printed - as long as they're numbered.

 

Any help would be really appreciated, thanks.

 

canobeans

 

Hope that helps a little - try not to worry too much. At this stage, it's doubtful whether the other side will even bother submitting a bundle - if they don't, see here (cobbetts have never submitted a court bundle in a nat west case - I suspect the same can be said for RBoS claimants!). However, please ensure that your own bundle is accurate as shown in the court bundle guidelines.

 

Best of luck

[canobeans]

Thanks hedgey06.......you've got me motivated again!!!

That was all I needed ....... a bit of clarity.

Thanks again...........Oh yeah I've tipped your scales!!!

 

canobeans