mcuth v RBoS ***WON***

[mcuth]

Only the 'norm' for them unfortunately eh?

 

Still it does mean another step closer to completion.....

 

Well yeah, but I was sooo looking forward to writing my letter to the court tomorrow asking for default judgement - I had a lovely draft already planned *sigh*

 

Cheers

 

Michael

[progenic7]

 

He who waits Michael

 

nearly there mate, nearly there

 

BTW if you get chance i have drafted a little paper of my own, in the form of a prelim (last post at bottom of page) on the RBS front. If you get chance would you cast your eye over it and let me know your thoughts mate.

 

cheers in advance... Johnny

 

http://www.consumeractiongroup.co.uk/forum/post-495468.html

[mcuth]

Just spoken to the court again - apparently the Application to Strike is listed for a hearing on 30th April @ 2pm. I'll update when I see the paper arrive in the post.

 

Cheers

 

Michael

[mcuth]

Just spoken to the court again - apparently the Application to Strike is listed for a hearing on 30th April @ 2pm. I'll update when I see the paper arrive in the post.

 

Lo & behold the order was in the post when I got home, dated 2nd March:

Notice of DEFENDANT'S APPLICATION

 

TAKE NOTICE that the DEFENDANT'S APPLICATION will take place on

 

30 April 2007 at 2.00PM

 

at Swindon County Court, The Law Courts, Islington Street, Swindon, SN1 2HG

 

When you should attend

 

40 MINUTES has been allowed for the DEFENDANT'S APPLICATION

 

Please Note: This case may be released to another Judge, possibly at a different Court

 

(Not suitable for telephone conference)

 

And BTW, the Defendant is still marked as National Westminster Bank Plc

 

BTW, at the end of last week, I also received a copy of Cobbett's AQ - they don't wish a stay of a month, are requesting Fast Track, don't wish to use expert witnesses and estimate their costs thus far at £300. The last box of section H says:

The Defendant submitted an Application to strike out the Claim on 16 February 2007, pursuant to CPR Part 3.4(2)(a). The Claim was issued by the Claimant under CPR Part 7 on 18 December 2006 (there's that 18th December bit again, it was issued on 15th!) and is therefore time barred from bringing a Claim of unauthorised bank charges prior to 18 December 2000 by the provisions of section 5 of the Limitation Act 1980. The majority of the charges detailed on the Claimant's schedule are therefore time barred together with the Claimant's claim for interest on those charges. The Defendant calculates that the Claimant's correct schedule should be for £50 charges and £14.80 interest. On 14 February 2007 the Defendant paid to the Claimant the sum of £94.80 being the amount of charges incurred on the Claimant's account within 6 years of the issue date, together with interest at 8% at a sum of £14.80 and a sum of £30 which represents the correct Court fee had the Claim been issued correctly.

 

The Defendant therefore respectfully requests that this Claim be struck out.

 

Cheers

 

Michael

[SweetRevenge]

Can't offer any advice - you've been down this road far more than I, however I just wanted to offer my encouragement and best wishes - sock it to 'em mate.

[progenic7]

Hi Michael,

 

What do you make of the application and is it just what you expected ?

 

i know cobbetts are especially bad for nit picking but this all seems a bit excessive even for them.

 

johnny

[Glenn UK]

FWIW

 

I have held for a while that there are tow issues the banks will defend, limitations act is one, contractual interest is the other.

 

If the former becomes then norm and widely reported, then this increases the banks liability significantly and their best chance to avoid this is to get claims struck out if they can.

 

The second issue also increases their liability significantly and again the same hopes applies.

 

All the more reason to offer MCUTH and aoyne else faced with this situation any help and support we can.

 

If there is anything i can do let me know Michael. best of luck

 

Glenn

[mcuth]

Can't offer any advice - you've been down this road far more than I, however I just wanted to offer my encouragement and best wishes - sock it to 'em mate.

 

Thanks

 

What do you make of the application and is it just what you expected ?

 

I thought I made that quite clear in this post

 

I have held for a while that there are tow issues the banks will defend, limitations act is one, contractual interest is the other.

 

If the former becomes then norm and widely reported, then this increases the banks liability significantly and their best chance to avoid this is to get claims struck out if they can.

 

The second issue also increases their liability significantly and again the same hopes applies.

 

All the more reason to offer MCUTH and aoyne else faced with this situation any help and support we can.

 

If there is anything i can do let me know Michael. best of luck

 

Thanks Glenn, appreciate it.

 

Speaking in general now, although I'd rather have seen the application struck out (it still galls me that the judge hasn't said that they should get the Defendant right!), I'm quite happy that I'll be getting my spot in court.

 

Since their Application only mentions the LA as a reason for there not being "reasonable grounds", then that looks to be the battle we're going to have on 30th April, and one I can honestly see that I have a good chance of winning. That's the key I think - once I've got permission to go on with LA restriction, Robert will be your Dad's brother

 

Interesting notes:

i) In Cobbett's AQ, they request the Fast Track - that'd suit me, because once it gets allocated, then they're going to be in for standard disclosure - and I don't think they've thought about that - they're just too reliant on this LA defence

ii) The note at the bottom of the hearing notice about different judge, different court. I have a feeling that's a positive sign that I'll get a judge with an indepth knowledge of the LA.

 

Cheers

 

Michael

[HydraUK]

What are the implications of standard disclosure? Thing's are moving in my case and I really don't know what I should be doing...Standard Disclosure in about 14 days!

[Glenn UK]

The impliactions are that the bank have to provide their costs. historically they have settled rather than comply with standard disclosure.

 

Glenn

[HydraUK]

Yippee?

[janet.jone]

Today received from Cobbetts Allocation Questionaire can anyone advise how to fill this in, also the defence paperwork do i have to do anything with that, also request for further information and clarification this looks so daunting and confusing also do i have to pay £100 on return of any of the paperwork? I have to reply by 15th March, i am also going away on a course for work on 13th March therefore need urgent help.

I have looked through so many posts but cant find the help i need.

 

Many thanks for your help

[mcuth]

Today received from Cobbetts Allocation Questionaire can anyone advise how to fill this in, also the defence paperwork do i have to do anything with that, also request for further information and clarification this looks so daunting and confusing also do i have to pay £100 on return of any of the paperwork? I have to reply by 15th March, i am also going away on a course for work on 13th March therefore need urgent help.

I have looked through so many posts but cant find the help i need.

 

Many thanks for your help

 

If your claim is over £1500, then yes, there's £100 to pay when you file the Allocation Questionnaire (AQ) and there's a guide to filling in an AQ here (make sure you know which form you've been sent - N149 or N150).

 

Regarding the request for further information, does it mention anything about CPR part 18? If your claim is under £5000 and therefore likely to be on the small claims track, then there's no requirement for you to comply with this - see this thread for details of how to reply to it.

 

Also, if you want to file a "reply to defence", you must do so at or before the time that you file the AQ - not later.

 

HTH

 

Cheers

 

Michael

[janet.jone]

On filling in the Allocation Questionaire i am totally confused what does it all mean about proposed directions i have looked at several posts but cant work out what they mean, also other information on the form (have you sent these documents to the other parties) i sent the list of interest charges and bank charges to the bank when first starting the process or do they mean have i sent documents to Cobbetts? I am getting worried about this form my claim is for £5999 can this still go through small claims court?

[jowhit]

Hi Mcuth, you've gone green! Are congratulations in order?

[janet.jone]

Could anyone help me with the Allocation Questionaire regarding Proposed Directions what does it mean? worried i am missing something.

[isidore]

Y'know I noticed that early but thought I was going colourblind

[janet.jone]

Could anyone help me with the Allocation Questionaire regarding Proposed Directions what are these?

[isidore]

Janet, I can't help I'm afraid, but have some patience! I appreciate you might be fretting but the majority of people are probably not around until work finishes.

 

Rest assured I'm sure someone will have you a response later on this evening. Your post won't be ignored, no need to repeatedly chase it

[Glenn UK]

jasnet have a read through here.

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

draft directions are your suggestion to the court about things that should happen leading up to the claim and the hearing. There may also be issues about what happebns during the hearing but the link above will help you.

 

HTH

 

glenn

[mcuth]

Hi Mcuth, you've gone green! Are congratulations in order?

 

Thanks Yes, as some of you may have noticed, I turned green yesterday

 

On filling in the Allocation Questionaire i am totally confused what does it all mean about proposed directions i have looked at several posts but cant work out what they mean, also other information on the form (have you sent these documents to the other parties) i sent the list of interest charges and bank charges to the bank when first starting the process or do they mean have i sent documents to Cobbetts? I am getting worried about this form my claim is for £5999 can this still go through small claims court?

 

Janet - Glenn points you in the right direction to the thread that discusses the draft order for directions. In the case of "have you sent these documents to the other parties", it's referring to the AQ & any supporting draft orders/applications that you might be sending in with it. As your claim is over £5k, it's unlikely to be dealt with in small claims, where the limit is £5k.

 

That said, your questions are really best asked on your own thread. Feel free to post a link to it here, but please don't hijack my thread about my RBoS claim - thanks.

 

Cheers

 

Michael

[mikejohn77]

well, how goes the chameleon?

[mcuth]

well, how goes the chameleon?

 

No updates, all quiet on the Western Front

To be honest, I don't expect there to be any news before 30th April when we're up for the Application Hearing....

 

Cheers

 

Michael

[RedDeath]

Hi McCuth,

I am just subscribing to your thread and wish you all the best.

I am also going for CI for a total of £12k however, what really scares me is the prospect of paying costs should I lose because of CI.

 

The more people I speak to the more I am advised not to go for CI but hey, I figure they owe me the money.

 

There are is an interesting case brought up not to award CI.

Drop by my thread, page 4, for a couple of interesting pointers.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/54034-reddeath-lloyds-tsb-4.html

 

Good luck again.

[Atlantic]

I'm sorry to ask you on your thread - but you do seem pretty well read and experienced in taking on banks.......

 

I want to submit a "monster" of a claim to RBS but still have a sizeable overdraft with them - are they likely to immediately request that I pay back the overdraft? I've heard banks play dirty tricks and am just fretting a bit ...as as you do seem a *lot* more experienced in taking them on....

 

I'd be really grateful if you could advise.....