mcuth v RBoS ***WON***

[HydraUK]

Michael,

I've just received notice that Cobbler's strike-out application in my case has been refused on the grounds of

1. Defendants arithematic at fault. Sum claimed exceeds, very considerably, the sum stated in the witness statement.

2 Claimant raises issues of knowledge/concealment/mistake under s.32 LA. This is an issue that should be tried.

 

So here's a judge who wants to hear the LA issue....I think this is a good thing? If it's any use to you you can have case no. to refer to

 

Regards

 

Phil

[Guest bong]

deleted

[livelylad]

Michael,

I've just received notice that Cobbler's strike-out application in my case has been refused on the grounds of

1. Defendants arithematic at fault. Sum claimed exceeds, very considerably, the sum stated in the witness statement.

2 Claimant raises issues of knowledge/concealment/mistake under s.32 LA. This is an issue that should be tried.

 

So here's a judge who wants to hear the LA issue....I think this is a good thing? If it's any use to you you can have case no. to refer to

 

Regards

 

Phil

 

looks very promising.

[mcuth]

I am just so curious to see if you win and by what margin - your whole posting for me is the most "audacious" (hope it's spelled right!) but really well researched and articulated claims out there......

 

Thanks - am still prepared to drop the CI bit though, depending in part on what the DJ says on Monday.

 

It's almost as if you combine legal research/ writing talents with the intimate knowledge of the inner workings of corporate life (all the different departments and their importance/ interactions - like customer relations)

 

That's very kind of you to say so - I do like to think I've got a good grasp on how different corporate environments should work together, I've spent enough time ranting about it at a lot of firms, lol Still, your kind comment actually gives me ideas about future career directions!

 

Good luck mate......!

 

Thank you

 

I've just received notice that Cobbler's strike-out application in my case has been refused on the grounds of

1. Defendants arithematic at fault. Sum claimed exceeds, very considerably, the sum stated in the witness statement.

2 Claimant raises issues of knowledge/concealment/mistake under s.32 LA. This is an issue that should be tried.

 

So here's a judge who wants to hear the LA issue....I think this is a good thing? If it's any use to you you can have case no. to refer to

 

Wow - like LivelyLad says, that looks really promising - you've got an excellent opportunity there. Good on your DJ for actually wanting to hear the issues and not just granting the strike. Case # might be helpful - want to PM me the details? Ta.

 

Cheers

Michael

[mcuth]

Breaking news.....

 

Came home for lunch today to find a message on my answering machine from Cobbetts requesting a call about the hearing on Monday.

 

Ongoing discussions this afternoon, will update tonight

 

Cheers

Michael

[livelylad]

[livelylad]

Hurry up I am on a knife edge.

[Josamolly]

me too...... ... Cobbets do not like CI do they...

[mcuth]

LOL guys - am just awaiting a call back about a condition that I may or may not be prepared to accept, depending on the outcome of the conversation ;-)

 

(edited my other post accordingly)

 

Cheers

Michael

[livelylad]

LOL guys - am just awaiting a call back about a condition that I may or may not be prepared to accept, depending on the outcome of the conversation ;-)

 

(edited my other post accordingly)

 

Cheers

Michael

 

Pack it in teasing you git.

[mcuth]

Ok then, this is what happened....

 

I called Cobbetts and spoke to a very pleasant lady, who said that their client wanted to settle all the charges, but categorically stated they wouldn't pay CI as they had precedents that it wouldn't be granted (ok, so I was willing to drop that anyway, but they didn't know that). She did a calculation breakdown that didn't include statutory 8% from the date of the claim, so I told her I wanted that including - "I'll call you back".

 

Got a call back to say that they'd pay that too (a grand total of £78.47, lol) and we agreed a total sum in settlement. I said "That's not subject to any conditions is it, like confidentiality?", she said "Yes it is", so I told her that I wasn't prepared to accept on that basis - unless they offered me payment for it as a service ;-) Was told that she'd go away and discuss and call me back again.

 

Had no call back for 2.5hrs, so I just called her back (have to say I was a tad worried) and she confirmed that a cheque will be with me tomorrow by special delivery, a letter will follow but there will be no confidentiality clause

 

So the breakdown is:

£4262.52 charges & o/d & stat 8% interest as at 15/12/06 (date of issue)

+£100.00 AQ fee

+£90.00 Issue fee

+£78.47 Stat 8% from date of issue

-£94.80 Already paid

-------

£4436.19 Total

 

Oh, and schoolboy error from them - they didn't say that any of our conversations today were without prejudice

 

Will update tomorrow, change the title & move the thread, when my cheque is here

 

Cheers

(a very very happy) Michael

[livelylad]

Michael I take my hat off to you. Well done

 

The beer is on you mate.

[elsinore]

Well done Michael, a very nice result.

 

Have a good evening!!

 

Els

[isidore]

Indeed, congratulations sir!

 

A sterling effort

[Atlantic]

Michael - you've done really well: well done.... I reckon your claim against RBS is the most audacious (risky) one I've seen between all the various threads here - so it's a real inspiration to see you've pulled it all off *and* with interest, albeit not the CI that you originally were chancing for.....

 

Well Done mate...... you deserve it!

[mcuth]

Thanks folks - am ecstatic - I actually thought they'd defend this to the hilt with the Limitation Act being argued on ~97% of the charge. Still, I'm not going to complain

 

Of course, you will note that rather than complain, I shall just PMP laughing for a long time to come

 

Now, please would you be so kind as to excuse me while I go to my local and get completely slaughtered in celebration? Thank you eversomuch for your understanding

 

Cheers

Michael

[sn00psmum]

Very well done matey! :D

[Guest bong]

Congratulations Michael!!

[chezt]

Well done Michael!!!!

 

You sure have done great here mate .... enjoy the cheque when it arrives .... you deserve every penny

 

Bet ur glad u didn't 'deal' at the £50 offer now eh?

[HydraUK]

Nice Job Michael....I'm going to miss those letters.

 

Perhaps you might consider freelance scathing-letter writing?

[newbody]

Well done m8

[innocent]

BIG CONGRATULATIONS!!!!!

 

 

ABSOLUTELY AMAZINGINLY GREAT NEWS!!!!

 

Well done 'mcuth'!!!

 

I hope your still 'busy' in that local as I type......

 

 

Really really pleased for you!

 

 

 

Um? Who's next on your hit list??? We gotta keep your letters coming somehow ;-)

 

Innocent :D :D

[isidore]

Your turn lively?

[dangler8]

CONGRATULATIONS - WELL DONE

Following your thread was something else, What or whos next on your hit list ?

[mcuth]

Thanks all - I wasn't quite as slaughtered as I thought I might be, but I had a very enjoyable evening with some friends, and I do have a 4 day weekend still to go

 

The cheque's here - as promised, it arrived by Special Delivery (by 9am). I think I'll just look at it and smile for a while before taking it to the bank

 

I honestly have no claims left to make (well, there's one small charge on my Co-Op account, but I guess I can take it a bit easy on that one ). It's quite depressing really, since the whole charges thing has pretty much been a constant since last February! Don't worry though, I'll still be in CAG, helping folks to reclaim the right

 

Perhaps you might consider freelance scathing-letter writing?

 

LOL - now that's a possible career direction

 

Cheers

Michael