West KO's RBS

[homoeopathics]

No...I would fill out the AQ (there is a guide in the templates section) post it off & wait. Stand firm....and focus on the fact that banks are not going to court.

 

You will have to pay £100....but this will automatically added to your claim....so you will get it back. Although Cobbetts may 'forget' to add it on, so do your maths and insist it is included as final settlement.

 

In due course you will recieve an offer from Cobbetts...a friend has just been thro all this with Cobbetts who have now offered him full settlement of £2K

[westable]

thank you, i shall go to the templates section now to find the form. thank you.

[Donel261]

No more fee to pay, don't worry I am no expert but from what you have said it all sounds pretty normal. You will have to get advice from some of the more expereienced members though, I think what has happened is you applied for judgement, they have received a defence or something has gone on so it has been rejected, you therefore get the standard allocation questionaire etc....

 

You shouldn't need to seek advise from a solicitor yourself!

[homoeopathics]

Perhaps you should seek clarification from the court as to whether or not you should have an AQ....I would call them ...they are very helpful.

[westable]

i have taken the alloocation questionnaire to the court as it was only down the road. How long should it take, i have advised cobbetts that i have received their defence and that i have sent the AQ to the court. WIll also send them a copy out of courtesy.

[stacymason]

They should make you an offer to settle soon I would've thought!

[westable]

i will keep you all posted, fingers crossed. want it sorted asap. going away for a fortnight next monday and the money would help.

[westable]

i wonder if anyone can help. when i win the case i want to change the title of my thread so that everyone can look at the thread with optimism. I want it to say something inspirational. Just want to know how to change original post if possible.

 

The battle continues. I appreciate all the support.

[tomba90]

There is a section on litigation ended, i think you put it in there ??

[stacymason]

I think I just overtyped it when I did a posting, I've tried it above!

[scissorheart]

Sounds like you and I are neck-a-neck. Cobbetts have filed a defence, my AQ has been sent to the court and all the particulars have been forwarded on in a meticulous fashion.

 

Just patiently waiting now.................

 

Rob

[westable]

i have still not heard anything from bank or solicitors, how long should it take????

[stacymason]

probably a couple of weeks from submission of allocation questionaire!

[stacymason]

West if you look at the thread Pac1208 vs RBS he's about a month in front of us and he received a cheque for £4800 off Cobbetts yesterday.

[westable]

thank you, i'm just on holiday at the moment. a friend paid for me to go away. not nice with all the stress whilst away. hopefully will have something nice to come home to. its been a few weeks since sent the questionnaire but ive just remembered that i didnt send one to cobbetts.

[westable]

hello, whilst i was away i received a letter from the court it is a general form of judgment or Order. Is this standard procedure. this was dated the 17 july and have not heard anything since. The letter states that upon the courts own motion it has made this order of its own initiative without a hearing. If object to order, apply to set aside.

 

The information in part G of the Claimant's allocation questionnaire satisfies the order of the judge dated 14th july.

 

IT IS ORDERED THAT the Defendant be permitted to file and serve an amended defence of so advised by 4.00pm on 16th August 2006 after which the claim will be allocated and directions given.

 

Help please

[stacymason]

can you post more details west I'm not sure what you mean.

[tomba90]

I'm a little behind you guy's but would be interested in knowing about this "general form of judgment or Order"

[westable]

can you post more details west I'm not sure what you mean.

 

i filled in the allocation quesationnaire and in part g i wrote "i am claiming the return of money taken by the defendant in the way of charges over the last 4 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further as a disproportionate penalty they are invalid under the unfair (contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999 Para 8 and Sch 2(i)e. In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 SC15. I have repeatedly asked the bank to justify their charges but the have declined to do so.

 

Hope this helps with above info.

[westable]

really need help now, i'm on the final stretch. got a letter this morning from cobbetts. it says that our client considers charges to be fair etc etc and that my claim would fail in court. It then says as a gesture of goodwill that they will give me £750.00, which is obviously short of the £1400 owed to me. My major issue with this is that i am half willing to accept it because i have my student fees to (£1200) last year and they need to be paid by the end of this month. Should i call cobbetts and ask them to meet me half way?!?!? or shall i accept the offer but not as full and final settlement.

[stacymason]

Im fairly certain west if you reject the offer they'll follow with a full and final settlement offer, phone the courts and see if Cobbets have submitted the extra data requested, this is what they are trying to avoid I would guess, don't give up now west your nearly there and 50% is a crap offer at this stage.

[gargoil]

Yeah you sound really close now, I know these people are trying everyone in the RBOS forums patience but don't give up now and settle for 50%, that means they win! Don't let that happen!! I don't think It'll be too much longer till you have it all!

[westable]

i have also received a copy of their defence, with regards to the fact that i am trying to claim for charges they say that if the claimant is to bring such a claim against the defendant then he must identify the accounts (giving name and number of trhe account) to which the charges and fees have been applied.

 

It also says that No addmissions are made as to what charges have been debited to the claimants bank account.

 

The claimant is put strict proof of each and every charge the subject of the claim and must identify in respect of each charge (a) the date the same was debited (b) the amount of the same and © the description applied to the charge.

 

(with this bit i think i accidentally have added a few charges which were unspecified in the statements so i added them anyway. i think this may have been a bad idea)

 

It also says something about my claim that the charges are unenforcable, says something about the unfair contract terms, and then about identify those contractual provisions. it goes on quite a bit and is little daunting.

 

i can scan them in if anyone would like to see them.

 

is it another scare tactic?

 

help please

[stacymason]

they just want a copy of your spreadsheet west, don't panic

[westable]

who shall i send it to cobbetts, shall i call them and reject the offer?!?!?!?

 

the spreadsheet slightly differs to my original claim, mainly because i miscalculated (as i didnt have the spreadsheet because it was all done on paper) and i missed three pages of my statements with some more charges on.

 

thank you for all your help you've been amazing. i was going to settle x