Compynei vs RBS

[compynei]

Hi All,

 

Sent in my claim with the letter from the templates section for charges on 3 accounts (mine, joint account and husbands account) totalling around £8k. Sent 3 seperate letters in 3 seperate envelopes.

 

Received 3 responses today, all in my husbands name (well, didn't have his surname on, just his first and middle name?!?!) saying that it could take 6-7 weeks while they investigate.

 

Two questions:

From reading around here, I'm guessing I ignore this and continue with my LBA after the 14 days has passed?

 

If it comes to filing for court, should I do that 3 times, once for each account and pay £360 fees? I realise I will get these back. Itl be 3 claims for 3.3, 2.7, and 2k. I presume this way I will stay in the small claims track? Advice appreciated.

 

Cheers...

[compynei]

Issued a court claim for the first (Joint) account. Claim is for £4000. Recieved a letter from Cobbets today saying they will defend.

 

What happens next??

[livelylad]

You will recieve further instructions from the court. A copy of their defence and a AQ , however these are sometime dispensed with. Shoulds they enter a defence you will recieve a court date from the court.

 

 

Have a read through the FAQS and the step by step instructions these will help.

[compynei]

Just had a letter today mentioning the test case.

 

Theres a paragraph in it that states:

 

"Similarly, you should be aware that if you choose to issue a claim in the County Courts (bit late, done already), "the Master of the Rolls" (in England & Walkes) or "The Lord Chief Justice" (Norther Ireland) has, at our request issued a notification to the County Courts suggesting they stay proceedings about bank charges until resolution of the banks' proceedings with the OFT. Alternativley, the bank will immediatley apply to the Court for an order to stay your action until resolution of the banks' proceedings with the OFT".

 

RBS have expressed their intention to defend already, but not filed defence.

 

What does this mean for us now? The letter has a link to here in it also:

RBS: Test case - Overdraft Charges – Update

 

Neil

[zootscoot]

Hi,

 

They are still required to file a defence until a stay has been ordered by the court. If they do not file a defence by the deadline then you can apply for judgment by default.

 

See here for info on stays:

 

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

 

and here for info on approaches of different courts:

 

http://www.consumeractiongroup.co.uk/forum/general/109936-find-out-here-if-2.html#post1074864

 

All the best

 

Zoot

[balsafas]

Thats the very same letter I received from RBS today. Though I havent yet filed a case so not sure where to go next.

 

I have an open thread here awaiting further information - please let me know how you get on with yours!

[compynei]

Excellent, thanks for the reply zoot. Guess I'll just sit and wait.

 

Will keep you all updated