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

[livelylad]

Too right,

 

Shopaholic has just gone for a Default! Surprising as Cobblers seemed to have been on top of things lately. Shame eh!

 

BC:lol:

 

my AQ date is tomorrow!! i need a quick offer as i am away in a weeks time for three weeks and i dont want to miss any letters etc.

[BigCol]

LL,

 

don't hold your breath! My AQ date was 4 Sep and the only thing I've heard is from Cobblers and that was a copy of their AQ. Going to call the Court in a wee while, see what's happening...

 

BC:cool:

[livelylad]

LL,

 

don't hold your breath! My AQ date was 4 Sep and the only thing I've heard is from Cobblers and that was a copy of their AQ. Going to call the Court in a wee while, see what's happening...

 

BC:cool:

 

thanks Col knowing my luck they will try to contact me when i am away!!! txssers.

[BigCol]

LL,

 

what about having a "without prejudice" chat with Ms Burgoyne pointing out the potential delay with you being out of the picture for a while?

 

BC:cool:

[livelylad]

LL,

 

what about having a "without prejudice" chat with Ms Burgoyne pointing out the potential delay with you being out of the picture for a while?

 

BC:cool:

 

i think a might pal. Just a quick question will i have to say without Prejudice?

[BigCol]

Erm,

 

don't know, I guess you could drop it into conversation along the lines of:

 

"Just thought I'd give you a call to discuss so and so with out prejudicing my case......"

 

I'd give the Court a quick bell to find out when they might be allocating dates to get an idea of when that will be and when the hearing date will be, they may have an idea along the lines of "well, we are currently allocating dates for Nov..."

 

BC:cool:

[livelylad]

Thanks Col as usual youre a great help. i am off home now to get my case folder. i will pm you to let you know what happens. thanks friend

[BigCol]

Ah, no snags!!!

 

I have just spoken to a very helpful lady at Newark County Court. They have a Judge for 3 days a month!! And luckily he has just looked at my case. He has agreed that it is Small Claims Track and a hearing date will be planned in Nov (the ladies are doing that now)! I also asked about the N244 thing and it does seem that simple!

 

So, more time to wait, hopefully not too long now!!

 

BC:cool:

[Becky8976]

Hi

Just wanted to say you have given me hope to carry on!!! I have had the court case allocated to Halifax (near me) and Cobbetts are trying to get me to answer a lot of question (apparently same as you!!). I have just drafted a letter, some copied from yours (thanks!!) telling them I will supply such info if and when the court requests it!!! I am posting it tommorrow and see what happens. Thanks for giving me the confidence to carry on, after all £2118 + int+costs is not a small amount!!!

[BigCol]

Becky,

 

thats your choice, I would send it anyway, but whatever you do, don't forget to send copies of Cobblers' letters and your reply to the Court for filing with your case.

 

Bon Oeuf!!

 

BC:cool:

[BigCol]

Right,

 

that's it! RBS have charged me another £388 since I started the MCOL (thanks an extra £20 of interest @ 8% too!). I'm awaiting Ms Burgoyne giving me a call back so that we can discuss these extra charges and see if we can reach an 'amicable' settlement!

 

BC:p

[smoorach]

hi col just updating myself on your thread such interesting reading its turning into an epic lol

anyway keep up the good work

[BigCol]

TA!

 

BC:cool:

[peanut007]

Hi All,

 

I like you all am after refund of charges with RBS, ive been reading your threads and have a couple of questions if anyone can help:

 

I have received what appears to be a standerd letter of defence from Cobbetts, Part 18 ect, I have also received my AQ questionare, i am proposing to reply to Cobbets with the letter in Agusta 109s thread but at the foot of the template it suggests one figure to be entered, Q. what does this figure represent?

 

And a lot of people are talking about a spread sheet showing details of particular charges and dates ect, I originally sent RBS a list of Dates and the particular charge taken on that date and then i gave a cumulative figure for interest,(i did not detail interest against each date and charge)

 

Details of each individual charge...................

 

25/01/2006 35.00

11/04/2006 35.00

ect

ect

 

i.e: Total of charges 1726.00

+ interest 254.30

total of claim 1980.30,

 

can i send details in this format to Cobbetts?

[Guest willowb]

Hi Peanut,

 

I think you need your own thread. Maybe copy and paste this post when you start it up. It's a good idea because then the mods and everyone else can be up to date with your progress and help you alot more.

 

Wxx

[BigCol]

Peanut,

 

not familiar with Augusta's thread, my reply is further back on this thread which seems to have been quite popular.

 

BC

[BigCol]

Ah ha!

 

On the doormat when I got home last night was a letter from Cobblers:

 

"Dear Sir,

 

Our Client: National Westminster Bank Plc (REALLY!!!)

 

We refer to the above matter.

 

Our client considers that your challenge to its charges would fail in Court (What, just like everyone else's??!!) Our client believes that its charges are fair, reasonable and transparent. It considers that the amounts debited to your account have been applied strictly in accordance with your agreement aith it andits published tariff, which it is satisfied complies with all applicable laws and regulations. Our client is also committed 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 £1,700.

 

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 any details relating to, this payment:

 

2 you write to the Court withdrawing your claim."

 

So, a few interesting point there then.

 

1. There client now appears to be Nat West, would that suggest to anybody else that this is a standard template?

 

2. Why offer £1700 if they think that I would lose in Court? This has already been offered to me way back in June, why have we wasted so much time, effort and extra expenditure if the claim is going to fail in Court, just like so many other people's have done lately.

 

Ah well, I've also posted to the COurt an N244 Application Order Form to increase my claim following extra charges since 12 July. Should I accept the offer??

 

No, I don't think so either!! Up yours Cobblers!!

 

BC:cool:

[livelylad]

Ah ha!

 

On the doormat when I got home last night was a letter from Cobblers:

 

"Dear Sir,

 

Our Client: National Westminster Bank Plc (REALLY!!!)

 

We refer to the above matter.

 

Our client considers that your challenge to its charges would fail in Court (What, just like everyone else's??!!) Our client believes that its charges are fair, reasonable and transparent. It considers that the amounts debited to your account have been applied strictly in accordance with your agreement aith it andits published tariff, which it is satisfied complies with all applicable laws and regulations. Our client is also committed 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 £1,700.

 

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 any details relating to, this payment:

 

2 you write to the Court withdrawing your claim."

 

So, a few interesting point there then.

 

1. There client now appears to be Nat West, would that suggest to anybody else that this is a standard template?

 

2. Why offer £1700 if they think that I would lose in Court? This has already been offered to me way back in June, why have we wasted so much time, effort and extra expenditure if the claim is going to fail in Court, just like so many other people's have done lately.

 

Ah well, I've also posted to the COurt an N244 Application Order Form to increase my claim following extra charges since 12 July. Should I accept the offer??

 

No, I don't think so either!! Up yours Cobblers!!

 

BC:cool:

 

nearly there col:D i hope mine is on the floor when i get home on monday!!!!

[davidhannam]

i got exactly that letter few weeks back, willows just got one....the saga continues!

[davidhannam]

by the way, the cheque for my n244 from cleared yest, so i presume it went smoothly

[BigCol]

DH,

 

hope you're right, salthough I guess your money would be cashed whicever way. Don't mean to be the harbinger of doom or anything, I'm following you so I hope to God you're right......are you going to call the Court tomorrow to ask??

 

BC:cool:

[angelface69007]

Hi Col and All,

 

 

Had the same letter from Cobbetts offering me £1,800. I have called to let them know that I will gladly accept that amount as part settlement but will still be pursuing the rest. I suppose it's just a question of waiting to see what happens now. This seems to be dragging! Good luck all!

[Guest willowb]

Hi there,

 

You are exactly a week behind me.....oh this is soooo predictable!!!

 

Wxx

[BigCol]

Predictable, who the RBS & Cobblers, never.

 

I have just posted the following to Ms B at Cobblers:

 

Dear Ms Burgoyne,

Further to your letter of 13th September 2006 I am writing to inform you of the following:

1. You name your client as National Westminster Bank Plc, which I believe to be a mistake as my claim is against one of your other clients, namely the Royal Bank of Scotland Plc.

2. That I will not be accepting your client’s offer of £1,700 in full and final settlement of the above claim but as an interim payment and I will be pursuing the rest through the Court. If your client believes that their charges are ‘fair, transparent and reasonable’ as stated in your letter, then it will not be a problem for them to disclose to the Court how the charges are calculated.

I am also unwilling to agree to the specific terms and conditions you have added to this offer, namely:

 

1. Not to disclose to any third party the fact of, or any details relating to, this payment;

 

2. Withdraw my claim;

 

3. That this payment of £1,700 is a full and final settlement of the claim.

Yours sincerely,

That's in the post now, and a copy to the Court too, although I haven't told Cobblers that, don't want to spoon feed them. We'll see if they do disclose it to the Court eh? Might even emither it to Ms B later.......

 

I'm still waiting for the letter from the Court advising my Court hearing date too, the nice lady at Newark advised me it would be Nov, so Cobblers have some time to play with, but not as much as with some people. Ho hum, the waiting continues. Soon be Xmas!!

 

BC:cool:

 

[livelylad]

Predictable, who the RBS & Cobblers, never.

 

I have just posted the following to Ms B at Cobblers:

 

Dear Ms Burgoyne,

 

Further to your letter of 13th September 2006 I am writing to inform you of the following:

 

1. You name your client as National Westminster Bank Plc, which I believe to be a mistake as my claim is against one of your other clients, namely the Royal Bank of Scotland Plc.

 

2. That I will not be accepting your client’s offer of £1,700 in full and final settlement of the above claim but as an interim payment and I will be pursuing the rest through the Court. If your client believes that their charges are ‘fair, transparent and reasonable’ as stated in your letter, then it will not be a problem for them to disclose to the Court how the charges are calculated.

I am also unwilling to agree to the specific terms and conditions you have added to this offer, namely:

 

1. Not to disclose to any third party the fact of, or any details relating to, this payment;

 

2. Withdraw my claim;

 

3. That this payment of £1,700 is a full and final settlement of the claim.

 

Yours sincerely,

 

That's in the post now, and a copy to the Court too, although I haven't told Cobblers that, don't want to spoon feed them. We'll see if they do disclose it to the Court eh? Might even emither it to Ms B later.......

 

I'm still waiting for the letter from the Court advising my Court hearing date too, the nice lady at Newark advised me it would be Nov, so Cobblers have some time to play with, but not as much as with some people. Ho hum, the waiting continues. Soon be Xmas!!

 

BC:cool:

 

 

nice 1 col i am home in the morning hopefully my letter is there also.