Walker V RBOS

[phoenixsp1]

After recieving unsatisfactory responses to my letters I've Just filed my claim for £2064.38 against the Royal Bank Of Scotland for bank charges over the last six years.

 

Hope I've done the right thing, I'm a bit nervous now. :-|

[phoenixsp1]

Just received an acknowledgment from the court stating that the RBOS intend to defend the claim.

 

Am I right in thinking that they have 28days to enter a defence?

[BigCol]

Phoenixsp1,

 

Check out the Step-By-Step Instructions on the FAQs, Section 6. It states that the Bank has 14 days to enter a defence so it is 28 days in total!! Other threads have said that the bank will wait until the last minute on both accounts.

LoL8-)

[BigCol]

Indeed the FAQ's Step By Step Instructions explains it clearly, the clock is ticking on them if they don't enter a defence or coff up by day 29 you've won anyway, if they do enter a defence it will just take you a little longer and need another questionnaire (with fee - add it to the court costs!). There's lots of advice on other threads about this so don't worry, read them up and sit tight, They're only trying to scare you - it's your money and you will get it back!

 

Once More Into the Valley of Banks, once more.....

----------------------------------------------------------------------

Don't forget the scales if this makes you happy!

[phoenixsp1]

According to my calculations it is the 28th day tomorrow since I filed my claim on the Money Claim Online website against the Royal Bank Of Scotland. Is it likely that they will file a defence at the last minute tomorrow as I've just checked and no defence has been entered as yet?

 

Even though I've read through the FAQ I'm not entirely sure what I need to do next, could someone explain briefly.

 

Many Thanks

Clive

[stacymason]

if you read the thread west vs RBS he's about a day in front of you and RBS didn't submit a defence within the 28 days which seems to be what they're doing at the minute, he was able to apply for judgement by default the morning of day 29. I think the next step is that they apply for the judgement to be set aside, then pay up!!!!!!

 

Just drawing it out as long as possible. On the MCOL website there is just a button that allows you to file for judgement by default!

[phoenixsp1]

Thanks for the quick reply.

 

I've just double checked and the issue date on my claim form is the 14th June, so that would make the 28th day tomorrow. Should that be the same as the date they were served with the claimed which it mentions on the website they have 28 days from or could that be after the 14th? They actually acknlowledged the claim on the 19th June so must have received it pretty promptly.

 

So I'm still not sure exactly when I can apply for default judgement, the day after tomorrow?

 

cheers

Clive

[cowlie]

It should be tomorrow - but check moneyclaim - a button will appear when you are able to apply for a default judgement. Soon after that you can send the bailiffs in. You have no need to worry at all - you are the victim of a crime - and you will be fully recompensed.

[phoenixsp1]

There has been a link called start under judgement for a while. However when I click it and then click "The defendant has not filed an admission or defence to my claim" it says that I cannot request a Judegment by default this time.

 

It then goes on to say:

 

The Defendant is allowed 14 days from the date they were served with the claim to defend or admit your claim before you can request a Judgment by Default.

If the Defendant files an Acknowledgement of Service within 14 days of receiving the claim form, they will be entitled to 28 days from the date they were served with the claim form to file a defence or admission of your claim. If the Defendent does not file a defence or admission within the 28 days you can request a Judgment by Default.

If you have not requested judgment, the defendant may still file a defence to your claim after the 14 days or 28 days have elapsed. The claim will then be transferred to your local court for a hearing to be arranged.

 

I take it from this that the date they were served was not the same as the date on the claim form, they did however file an acknowledgement on the 19th of June so they must have been served with the claim sometime between the 14th ( Date on claim form ) and the 18th.

 

Do I just keep trying to apply for a default judegment each day until it works?

[stacymason]

yes or until they submit a defence! The date deemed served should've been sent to you in a letter from the courts.

[phoenixsp1]

I'll check my court letter when I get home. Shame it doesn't just tell you on the website.

[phoenixsp1]

Today I received a defence from cobbets and a request for futher information which is served pursuant to CPR Part 18. I have not received an allocation questionare, does this come directly from the court.

 

HELP!!! What do I do now????

[stacymason]

read around the forum CPR part 18 doesn't apply to the small claims court so you don't have to reply for any requests for further information unless the court request it.

 

Allocation questionaire should arrive soon. If you read through the RBS forum there are a couple of people at exactly the same stage.

[phoenixsp1]

Is it worth sending a letter in response to this stating that I don't have to reply to requests under CPR 18 under the small claims track unless the court request it, or should I just ignore this and not reply at all?

 

Alternatively should I just supply them with the information about the account with a copy of the bank statements and spreadsheet containing charges etc and point out that I'm doing this as a matter of goodwill?

[stacymason]

I'd supply the spreadsheet and account details as a gesture of goodwill but refer to CPR part 18 not being relevant theres a good bit floating around the site about including a line re the request being intended to intinidate and this would be brought to the attention of the court!

[phoenixsp1]

Should I send a copy of the bank statements as well, I have a spare set as RBOS sent me 2 copies for some reason?

[stacymason]

no I wouldn't bother, after all they sent them you so they must have the info. Tell them to ask their client! the spreadsheet should suffice. Its not like they've got any intention of letting it go to court anyway, they're just delaying the inevitable!

[phoenixsp1]

I received a copy of Cobbets allocation questionaire today and I posted mine though the court yesterday. Does this mean is likely to go to court?

[stuarti]

Stop worrying what is the worst that can happen, they will pore over your finances with a fine tooth comb in open court, were even your neighbors can pop in and have a laugh:) .

Listen don’t worry these banks will not go to court this is standard for all solicitors to at least acknowledge the claim but they will drop it later on. Remember they will be getting a FEE for this so it is in there best interest to say they will DEFEND.

Good luck mate !!

[phoenixsp1]

I received a letter from cobbets today mentioning that I haven't responded to a letter they sent on the 11th of August, I never responded because I never received it!!!! They attached a copy of the letter and have said they look forward to hearing from me in the next 7 days. In the copy of the letter I didn't receive it says:

 

Dear Sir,

 

Our client considers that your challenge to its charges would fail in Court. Our client believes that its charges are fair, reasonable and transparent. It considers that the amounts debited to your account have been applied strictly with accordance with your agreement with it and published tariff, which it is satisfied complies with all applicable laws and regulations. Our client is also commited to ensuring the transparency of the information that it gives to its customers about the operation of its products. As such, our client does not believe that your claim has any prospect of succeeding.

 

However, as a gesture of goodwill and strictly on the basis that our client rejects any liability to you, it is willing to offer you a goodwill payment of £1000.

 

Acceptance by you of this goodwill payment will be in full and final settlement of your claim against our client and strictly on the basis that:-

 

1. you agree not to disclose to any third party the fact of, or details relating to, this payment

 

2. you write to the court withdrawing your claim.

 

Whilst this letter is written without prejudice save as to costs, in the event that you decline this offer, we will draw this letter to the Court's attention on the basis that we hold the firm view that this offer is entirely reasonable in the circumstances.

 

It is tempting to accept the £1000 because my partner has just had a baby and we could do with the money, but I'm owed over £2000. Should I reject this offer and go for the whole amount? Like Cobbets say will it look bad on me if I don't accept their offer? I also received a letter from the court the other day saying I must respond to Cobbets regarding their original questions or my claim will be thrown out, this I did in July and have proof of posting and a copy of the signature of the person who signed for it. Why are Cobbets saying I haven't responded?

 

Any help greatly appreciated.

Clive

[missm]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

just tweak it saying you will pursue the rest in court. just resend what you sent again with a copy of the proof of delivery.

[Guest willowb]

I also received a letter from the court the other day saying I must respond to Cobbets regarding their original questions or my claim will be thrown out, this I did in July and have proof of posting and a copy of the signature of the person who signed for it. Why are Cobbets saying I haven't responded?

 

Any help greatly appreciated.

Clive

 

OMG how low will they sink? Do what missm said and duplicate this and send it out to the court, making it quite clear that you had fulfilled their request and have proof of delivery. In fact I think that it should be mandatory to duplicate all communication sent to sols and forward it to the court so that the judge is fully aware of all their time-wasting tactics.

 

Go for the whole lot honey, it won't look bad on you.....shame on them for saying such a thing!

 

Wxx

[phoenixsp1]

I WON!!!! Just received a cheque for £2191.58 in full settlement of my claim.

[clint1974]

Excellent

[Guest willowb]

:D CONGRATULATIONS!!!!!! :D

Wxxx