Tomba90 v RBS --- ***WON!!!!****

[tomba90]

No Not yet mate, they have untill the 8th of Aug to put the defence in.......

 

I'm counting the days.

[tomba90]

No Not yet mate, they have untill the 8th of Aug to put the defence in.......

 

I'm counting the days.

 

 

Well, recieved the defence today from Cobbetts, usual crap about cpr18. Will draft a letter tonight and post in this thread.

[tomba90]

Ok my response to cobbetts on CPR.18

 

 

"I am writing in response to your letter dated 1st August 2006.

 

I note from your recent correspondence that you have requested further information from me under Part 18 of the CPR.

 

I must advise you that CPR P.18 has no relevance to Small Claims procedures and, as such, I consider that the inquiry to be intimidating and I intend to bring this matter to the notice of the court, should my case proceed that far.

 

As a gesture of goodwill and in the interests of concluding my claim, I have enclosed a breakdown of the charges imposed, their value and the interest being claimed on each charge."

[davidhannam]

sweet.... seems to be loads of us at this same stage now with RBS and Cobbetts.... Cobbetts must be making almost as much out of RBS as RBS have out of us!...

[tomba90]

Had a chat to the local court today, just to see whats happening, Cobbetts have until the 21st of Aug to fill in there allocation questionnare. If they don't it will go through for Judgement, if they do, it's gonna be a long drawn out process.....

 

But the man at court was a helpfull chap !!!!

[BigCol]

Tomba90,

 

Have you had an offer from Cobbetts yet? I have just sent off my reply to their defence so I shall wait and see what happens.

 

Bon Chance!

 

BC:cool:

[tomba90]

Well, I have had a letter but no offer, details below:

 

"we note your comments on our request for further info. Please note that part 27.2(1)(f) applies subject to paragraph 3 of part27.2, which states that the court of its own initiative may order a party to provide further info. if it considers it appropriate to do so.

It is our client's contention that your particulars of claim did not properly particularise your claim. for example, our client cannot properly defend a claim where you have given your account details and the details of each charge you claim is diproportionate and unreasonable.

 

The court is bound by an overriding objective to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars. Our client therefore objects to your allegations that the request in intimidating"

 

I'm going to ignore it as it sounds like a load of bollocks !!!!!!

 

anyone had a similar response ?

[BigCol]

So, if you've already sent in a/several copy/ies of a Schedule of Charges that you are contesting, with your Bank Account No, Sort Code etc they consider that you have still not "particularised your claim" correctly....sounds like bollards!!

[tomba90]

Yep, you got it. Cobbetts have until Monday to put there allocation questionnare, lets hope they don't, cos I really could do with a summer holiday !!!!!

 

Does anyone know, once you have recieved the charges back, whether the bank charge you again ????

 

Heres hoping,

[BigCol]

Don't know about after you win, but they are still charging me since I started MCOL, up to £190 already!!

[gargoil]

Does anyone know, once you have recieved the charges back, whether the bank charge you again ????

 

I think it's more likely they'll close your account. Parachute account on standbye!!!

[tomba90]

Don't know about after you win, but they are still charging me since I started MCOL, up to £190 already!!

 

Thats why I was asking because they are still charging me

[tomba90]

Hi,

 

I have recieved a copy of Cobbetts AQ today sent out on the 22nd August, the deadline for submission was 21st. Will it make a difference ???

 

On AQ they are trying to use the fastrack system due to the amount (see below) is this valid ??

 

:?

[BigCol]

Tomba90,

 

think the fast track can apply up to £5000, which is the value of the calim before interest and fees etc....

 

BC:p

[tomba90]

Tomba90,

 

think the fast track can apply up to £5000, which is the value of the calim before interest and fees etc....

 

BC:p

 

Its £4640 before interest, so surely fast track deos not apply ??

[BigCol]

Tomba90,

 

Oops, sorry I meant Small Claims Track applies up to £5000,from HMCS Website:

 

Cases in the county courts are assigned to one of three tracks: the Multi Track, the Fast Track or the Small Claims Track.

The small claims track provides a simple and informal way of resolving disputes. You should be able to do this without a solicitor. This guidance tells you about the sort of cases that are likely to be allocated to it and about how cases in the small claims track will be handled. Before issuing a claim you may find it helpful to read the guidance Making a claim? Some questions to ask yourself. It provides answers to those questions that should help you to decide if going to court is going to be worthwhile for you. It also draws attention to a number of alteranative ways in which disputes may be resolved without going to court. You may also find it helpful to read the leaflet The defendant disputes all or part of my claim which explains how the allocation process begins.

Remember that this guidance can only give you a general idea of what is likely to happen, and cannot explain everything about court rules, costs and procedures which may affect different types of claim in different ways.

If a claim is disputed ('defended') and the small claims track appears to be the most just and cost-effective track for your claim, the questionnaire will be in Form N149 (Allocation questionnaire (Small claims track)). Otherwise you will be sent a copy of the defendant's defence and a Form N150 (allocation questionnaire). Whichever questionnaire is sent to you, the information you provide in the questionnaire will help the judge decide which is the most appropriate track for your case. If you feel that your case is one that should be dealt with as a small claim in the small claims track, you should indicate this in the questionnaire. However, you must understand that, even though your view and that of the defendant will be taken into account, it is for the judge to decide.

 

Also if you check out:

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex305_0405.pdf

 

this states that anything under £5k (and without personal injury) it should be dealt with in the Small Calims Track, I'm sure that I have read somewhere else on CAG that this value only applies to the Claim before interest and fees are applied, so your £4.6k should qualify for the Small Claims Track. Cobblers may just be trying to spook you because if you read up about Fast Track, the solicitors fees start to play a part etc.

 

You may just want to give the MCOL Helpline a call to clarify the value before/after interest part.

 

BC:razz:

[BigCol]

PS

 

MCOL Help Desk: 0845-601 5935

 

BC;)

[tomba90]

Hi All,

 

Quick update, called the courts today and the case has gone to the Judge and he has requested a "case management meeting". I asked the lady what this was, and basically, he calls both parties into his office to see what is happening.

 

Anyone heard of this ???

 

Its on 20th October, so not sure if this is good or bad !!!!!!

 

[westable]

I have just won with RBS there is light at the end of the tunnel http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/12075-west-rbs-5.html#post214985

[tomba90]

OK I NEED A LITTLE GUIDENCE NOW !!!!

Received letter from the court today:

Upon the district judge considering the allocation questionnaires filed herein

IT IS ORDERED that there be an allocation Hearing and Case Management Hearing (by phone) to take at WXM Court. The Claiment's/Defendent's Legal representation must serve a case summary and draft order no later than 4pm on the last working day before the hearing.:? :?

[BigCol]

Tomba90,

 

wonder if this is because WXM hasn't had many of these? I would be tempted to call the Court again for clarification of waht is required. You may find that copies of all your letters sent to banks is what's needed, along with your Claim etc. Sounds like Mod's adivce needed incase though! As if it's not bad enough that the RBS/Cobblers try everything on, now the Court is as well.... I'm not sure what the Draft order should say, but I guess that it is the substance of your claim ie the spreadsheet. But you need to ask a banana that. I'm sure the Court would be able to advise.

 

Good Luck, I was hoping you'd have heard something from Cobblers just like Stacy and MissM et al have recently

Doh!

BC:eek:

[tomba90]

OK,

 

Cheers BigCol,

 

Been in touch with the Mod (who thought it was a strange order) & called the courts, basically the case summary is exactly that "a summary of the case so far" & the draft order is what I would like the outcome to be.

ie ALL MY MONEY BACK!!!!

Anyway, the Hearing (by phone) will take place 10th October @ 12.30pm

I may be the first to have this, so will keep thread upto date.........

 

Also asked if they had many other cases like this, one or two was the reply !!!!!!!

[BigCol]

AH well Old Bean,

 

sometimes it's surprising when the legalese turns out to be plain english!! This may well be a surprise for Cobblers too, so I wonder if you'll have an offer from them soon....what did the Mods think about having a "without prejudice" chat with Ms B at Cobblers??

 

Bon oeuf Rodders!!

 

BC:p

[tomba90]

Hey up Bigcol

Not mentioned having a "without prejudice" chat with Ms B at Cobblers, not sure it will get me anywhere !!!!

I'm putting together my case summary & draft order, The Mod wants to see it before it goes off. Will post it on the thread once ok

 

[BigCol]

Roger that Tomba!!

 

Have you checked out Westable's thread? They had a chat with Ms B a la,

 

"i have spoken to lynsey burgoyne being helpful as she could be given the circumstances. She told me that she has emailed the client and is waiting a reply from them. I'm guessing that i wont here anything now until the eleventh hour. Hopefully it will be sooner. I asked to be emailed as soon as any information is made available."

 

Maybe she has let her proverbial 'guard' down, but they send us missives 'without prejudice', so what's wrong with a similar conversation - as you are representing yourself............

 

Off now to shut right up and crawl back under my stone lest I be letting myself in for adverse comment....they've never liked it up 'em Mr Manwearing!!!

 

Bah! Come on Darling........top idea what! Bah!!

 

BC:p