BigCol45 v RBoS hes done it and ***WON ***

[Guest willowb]

They haven't threatened me with that YET but I would assume that the court would take a dim view of this surely??? I'm not understanding this properly really.....if they cannot ask for this info to be supplied to them under CPR 18 then how can they ask the court to strike the case out for non-compliance? Is there something I'm missing here?

 

A slightly worried WillowXX

[BigCol]

Goforit,

 

your not a solicitor are you, sounds like you're defending them, I'm not out for Cobblers, merely trying to demonstrate that this 'futile' defence is costing the RBS a significant amount of extra money, retained or not (Cheers for the info Tomba!), £700 per case is going to mount up and affect the Bank's profits.

 

And I realise that 'they' are all the same, but personal recommendations still mean a lot, especially if more than one person has 'happy' experiences with a certain Branch of a bank.

 

Willow,

 

I gues that Cobblers/RBS are just trying to use scare tactics. The Great British public is not not known for being legally astute, and in most cases, any show of authority ususlly causes us to back down. Not any longer! At the end of the day, if you do the goodwill thing and use the RBS's literature and statements to batter them over the head, then how can they strike the claim. We are acting in a lawful manner, they are not, they are drowning and are trying desperately to grab anything that floats....

 

On the AQ front, seeing as every other deadline has been hit at the 11th hour, I fully expect Cobblers not to send theirs in until the day before, I'm going to hand deliver mine to the Newark CC tomorrow morning, ready for the Court to start back on tuesday morning.

 

Jimmington,

 

not sure, will have to check my defence, but I would imagine so. I guess the Judge will let things ride unless you make noise, therefore send the court a copy of your reply to Cobblers' defence and tell Cobblers that you are doing that!

 

BC:p

[BigCol]

Ah bless!!

 

Letter on doormat tonight from Cobblers:

 

"Dear BC,

 

Blah blah reference your letter blah.

 

We not your comments on our Refquest for Further Information.

 

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 not given you account details and the details of each charge you claim is disproportionate and unreasonable. We note your comment that our client is in possession of such information, however in order to plead your Claim correctly, you would need to provide this information to the Court within your Particulars of Claim.

 

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 the allegation that the Request is intimidating.

 

Yours faithfully

 

Cobblers LLP"

 

So to summarise your Worship, I haven't been open and honest with the Bank in the matters of which I am claiming. And by inference the Court hasn't the foggiest on what basis I construct the amount of my claim. And the defendant objects to my allegations of intimidation. Ho hum, "New pants please Mum, these ones are dirty....no, no, no, I just spilled my tea with all of the laughing!!

 

I will be back soon, once I have constructed a suitable reply to Cobblers stating the obvious and giving a schedule of letters/faxes sent to the RBS branch dealing with my requests and the contents of any enclosures that went with those letters. It is such a shame that I photocopied all of my letters and schedules of charges. I am so ashamed that I have sent copies of everything to the Court as well, how will I sleep at night wondering what heinous and cunning defence RBS/Cobblers will come up with next?

 

Oh no, of course, the Court is now waiting for my AQ so that it can set a Court date. Of course, that Court that "is bound by an overriding objective to deal with cases justly and ensure that parties are on an equal footing." Correct me if I'm wrong, but by writing nice letters to the RBS and enclosing a schedule of charges, constructed from statements that they have provided me and using the terminoligy contained therein, have I not been ensuring that both parties are on an equal footing. And why did they offer me a settlement a few weeks ago then???

 

Oh how confused and bewildered I must be.....

 

It must be time for tea!! Oh no, my mug is empty, oh that's right, I just spilled it down my trousers!!

 

BC

[Guest willowb]

I got a very similar letter yesterday. I'm waiting for a mod to check it over in my thread as I don't know how to reply back to it appropriately (I know how I'd like to though!!!) I'll be very interested in what you come up with. :>)

 

Wxx

[BigCol]

OK, so here goes.

 

In repsonse to Cobblers' letter above, I provide the following response for comment. I won't be going live with it until Tuesday.

 

"Dear Ms Burgoyne,

Thank you for your letter of 24 August 2006.

As I started this journey with the Royal bank of Scotland’s Rugby Branch, back in April of this year, I have at all times been dealing with Ms Elaine Rattray, the Branch’s Assistant Manager. At every instance I have presented Ms Rattray with the facts about which I have formed my Claim. Indeed, it was she that provided me with copies of my RBS Bank Account statements, thereby suggesting that she is more than aware of my account details. I have sent her a number of copies of my Schedule of Charges outlining those charges which form my Claim, each of which I believe to be disproportionate, unreasonable and, as outlined in my Claim, unlawful. I enclose a Timetable of my Claim, detailing letters and enclosures sent to Ms Rattray for your information. Indeed, on16th June 2006 I received a Goodwill offer of payment from the Rugby Branch of £1687 in full and final settlement.

Once I began my Claim through the Court, I sent a copy of both the Claim and the latest Schedule of Charges to the Branch and a copy of the Schedule of Charges to the Court. Therefore, I feel that I have been acting in a more than open manner, ensuring that both parties are on an equal footing. If the Branch have not provided your Firm with this information then indeed it would seem that an “equal footing” has not been present between both parties. Therefore, it should be noted that I have been acting in accordance with the “overriding objective” of the Court which you speak of. Indeed, I would infer that your client had been provided with more than sufficient particulars and in a manner of goodwill and openness.

A copy of this letter will be provided to the Court."

Any comments gratefully received.

BC:p

[tomba90]

I had the exact letter a couple of weeks ago, have not bothered replying though. maybe I should ??:?

[Guest willowb]

Hi Tomba90, I've just constructed a letter in response to a very similar one from Cobbetts, it's in my thread below...

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/2953-hello-help-7.html

 

Wx

[LLM]

Just been reading your thread with great interest. I have just had an initial offer from RBS for £806 (total claim £1396.25).

 

I have yet to reply but am slightly concerned with the possibility of court action. I haven't had time to read all the treads on here but is there anyone you know of who has succeeded yet?

[Guest willowb]

Hi LLM, have a look in litigation concluded although I have heard that alot of people sign a confidentialty agreement (why? I don't know) which restricts them from discussing the settlement.

 

I'm still positive even though I've been through and am still going through 'the mill' with them! :>)

 

Good luck.

Wxx

[LLM]

Thanks guys - I have started writing out my letter threatening court action. You never know, they might decide to pay up before I actually have to take it that far!

Fingers crossed

[Probablyscotty]

Blimey BC!!

 

I have posted my MCOL today for the ripe sum of 3276.90. This from my student account. Seems I still have very much a fight ahead of me though. Then I shall roll up my sleeves, photocopy and reprint everything including all the rude and unhelpful replies I have had so far and draft a few reply letters ready for Cobblers.

 

Just so folk know. My charges stand at £3005, I was offered a goodwill guesture of just under £500 :-?:?. To say that I laughed in their faces would be an understatement.

 

I have never been so utterly disgusted with a service in my entire life! As a mature student with a sixteen year old I have every intention of passing on the awfulness of the RBS student services to the Student union for the whole country to share. If that doesn`t upset the share holders they really do get too much profit!!

 

I have also shared this whole notion of reclaiming with the student union, so there may well be a slight influx of members in the near future.

 

Good luck everyone don`t give up and lets just slap them back one more time!!!!!!!

[westable]

I have just won with RBS, check it out on http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/12075-west-rbs-5.html#post214985

[BigCol]

Hey,

 

Congrats Westable!! There's hope for us all yet!! My significant other s getting a bit jittery!! I have kept the faith tho, AQ posted at Court, roll on offers fro Cobblers!!

 

BC

[angelface69007]

Hey,

 

Congrats Westable!! There's hope for us all yet!! My significant other s getting a bit jittery!! I have kept the faith tho, AQ posted at Court, roll on offers fro Cobblers!!

 

BC

 

Hi Col, just rolled back from holiday and I have a defence and CPR request from Cobbetts. I notice that you have sent your AQ. I am getting jittery too. I'll have to read up and see what's what. I know that I am not obliged to reply to Cobbetts. I'll keep you posted. good luck...seems like we have been doing this forever, surely the end must be nigh!!!!!

[stacymason]

Hi COl

 

 

Finally received a chequr for the full amount of my claim from Cobbetts on Saturday!!!!!!!!!!!!!

 

Keep going!

[BigCol]

Stacy,

 

that is soooo groovy!! Big Congrats, teeth firmly fixed in deathly grin now, bring it ON!!

 

BC:D

[missm]

My claim was settled in full on Friday am. STEAM ON BC!

[BigCol]

All these lucky people, my time will come......

 

BC:D

[angelface69007]

Congrats Stacy!!!!!!!!!

 

Me and Col will be next I hope!!!!!!!!!!!!

[Guest willowb]

And me!!!! Gosh I'm getting tummy flutters. Should be hearing from the court about a date soon.....fingers crossed for everyone! ;>)

 

Wxx

[sueg]

Reading your thread with interest BigCol keeps me going, still waiting for my statements, they have 9 days left to send them........................ its getting very frustrating now cos I am so eager to get started

[BigCol]

Sueg,

 

remember, Good things come to those that wait............and follow the process to the letter (well almost anyway). Time spent on recce is never wasted, look before you leap, fortune favours the brave. Get your self prepared, according to the 6 Ps - Prior Preparation Prevents Pi$$ Poor Performance!!!

 

HA! It's mine and I'm gonna get it back.......

 

BC:p

[BigCol]

Willowb and Angel!

 

Guys, lets not forget Davidhannam and Tomba90 either...poor Tomba has a a bit of a fast ball from the Court - they have asked for a Management meeting or something such like!! Eeeek - Go Tomba!!

 

BC

[Guest willowb]

What???? please could you link the threads?

 

Wxx

[Guest willowb]

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/8919-tomba90-rbs.html?highlight=tomba90

Right That's Tomba's...I'll have a look.

 

Wx