Hydra-vs-RBS

[Guest willowb]

Oh I see! sorry, mis read your LBA...haven't had a coffee yet....d'oh:)

 

You know that it will go to the 'fast track' because it's over £5,000

 

Wxx

[HydraUK]

Yes I was aware, although I'm not entirely sure what the implications of that are other than increased costs...but as we are in receipt of tax credits I understand I won't have to pay either way.

[HydraUK]

LBA plus 10 days today and seeing as the weekend was looming (Monday set for action) I thought I'd call the branch just out of courtesy/curiosity.

 

I was told my file had been passed to Customer Relations so I thought I'd send Mr McLean a little howdy and introduce myself.

 

Well he answered my email in about an hour which was very decent of him, and yes they have my file, need a couple more days before they come to me with a suitable offer (rubs hands!)

 

Giving them until Wednesday as goodwill gesture (works both ways!)

[HydraUK]

After suffering some delay tactics by Customer Relations and several emails back and forth to TMcL the bank settlement offer has been doubled.

 

Respectfully declined by email to TMcL, counter offered but no reply received so now it's off to court!

 

I have read and read and read, I thought I had plenty of confidence for this next bit, but actually having an N1 in your hand to fill out is a tad intimidating....

 

Could somebody pass a critical eye over this copy please? I am filling paper N1 because of Tax credits and exemptions etc and would like to get this to court later today or tomorrow.

 

My text is a sort of amalgam of the stock template and a couple of other successful claims.

 

In the Pasty County Court

 

HydraUK vs Robbing Bank of Scotland PLC

 

Brief Details

The Claimant has an account 1220xxxx ("the Account") with the Defendant which was opened in or around August 1989. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant.

 

The Claimant contends that such charges are levied as penalties for purported breaches of contract and as such are unenforceable by virtue of common law, the Unfair Contracts Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999

 

The claimant claims the refund of charges applied to the account between January 2000 and the present.

 

Particulars of Claim

1. The Claimant has an account 1220xxxx ("the Account") with the Defendant which was opened in or around August 1989

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or relate to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of common law, under the Unfair Contracts Terms Act 1977 s4 and under the Unfair Terms in Consumer Contracts Regulations 1999 para 8 and sch2(1)(e)..

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £8261.00

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act 1984 at a rate of 8% per year from 11th January 2000 to 12th December 2006 of £2480.21, as set out on the attached list of charges, also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £1.81.

 

Statement of Truth signed by HydraUK

[HydraUK]

*bump*

[Guest willowb]

It seems fine to me except that you don't insert a figure for the interest (2,480.21) in your poc just the rate as you have done etc.

 

I would shorten the 'brief details' also to 'the claimant intends to pursue the return of monies taken in the form of unfair charges by the Defendant'

 

Something like that anyway:)

 

good luck

Wxxx

[HydraUK]

Thanks willow

[HydraUK]

N1 filed at Truro County Court today, fee paid £250.

 

BOMBS AWAY!

[HydraUK]

Contacted Court today because I haven't received my paperwork back as yet.

 

Court number has been issued and date of service is 5th Jan. The ball is rollin now...and the nerves are on the up! yikes

[HydraUK]

Day 14 since service of the claim is tomorrow and I haven't heard a sausage from anybody.....is this good or bad?

 

I know from reading (and I do a lot - ask my family) that it is often the case that everything is last-minute from Cobblers so I expect it will all happen tomorrow.

 

So what should I expect? Will I receive acknowledgement from Bank/Cobblers direct or should I contact the court?

 

Despite my confidence with other peoples issues I find myself in a bit of a daze when it comes to my own matters - I think it's a self-preservation thing.

 

Any advice or encouragement gratefully received.

 

Phil

[mbdiss]

Hi Phil you will be find. Your one reason why I have got so for with my claim.

You could try ringing the court tomorrow to find out if they have had anything from cobbet’s. I recon that there will be AQ next as this seam's to happen a lot with cobbet’s

[ninekey]

Be poised to file your request for judgment in default of acknowledgment of service (but only after the expiry of the 14 days.)

 

I don't think Cobbetts are quite as efficient where Claimants are using their local courts rather than MCOL.

[HydraUK]

I'll give the courts a ring tomorrow afternoon....give them plenty of time to get the post in.

 

The wife is starting to get me nervous. Asking questions about 'What if it goes to court.' and 'When do we need a solicitor.'

 

When I told her there was no solicitor and that I would go (I've got a suit!)and what did she think I'd been doing here for the last 7 months, she gave me a great boost of confidence. 'YOU!?!' she said, and took up smoking again.

 

Now I'm not sure if that means she thinks we aren't going to be poor any more or what.

[HydraUK]

Posty has been...nothing from Cobbetts. I'll wait until after lunch and phone the court.

[livelylad]

Posty has been...nothing from Cobbetts. I'll wait until after lunch and phone the court.

 

Sometime there is a delay on the court side. I would as you say phone them to find out if they have submitted.

[HydraUK]

Just got off the phone from the courts. Nothing received there either although they have until 4pm to submit (which the clerk told me was highly unlikely because they only get one delivery a day.)

 

I have been told to submit for Judgement in Default of Acknowledgement and should they receive something in the meanwhile the court will send my judgement back....

 

More delaying tactics methinks?

 

Off to the post office for a special delivery voucher!

[HydraUK]

Received letter from Cobbetts today, acknowledgement and notice of intention to defend.

 

Grrr:-x

[biggranty]

Hi good luck with your claim I am fairly new to the site. Have the statements and amounts due from RBoS. From reading the different post I now have the confidence to go for the standard interest and charges on my o/d. Can anyone help on advice I saw somewhere that if you are in scotland you can only claim 750? I have over 10k to claim due to the 5 year rule that is worth an extra £1,700 on top of the amount but I can't claim for this. Yes I know what a mess to get in - long story!! any advice from anyone? I got made redundent last year took out insurance for PP and it wont pay out so this money could help me sleep at night!!!

[HydraUK]

There are several very experienced in the Scottish procedure, but I'm not one, soz.

 

There is a section for Scotland in the FAQS somewhere, have a good read, start a thread and peeps will be along to help out.

 

Best of luck.

[flyboy80]

Good luck - I filed for nearly a similar amount, RBS got served 21st Jan, I am also anticipating a fight. You were lucky as you got an offer. Apart from the first "go away and die in a hole letter" and the "we will get back to you shortly one" - nothing.

I decided to make a stand, and take them on.

 

You can do it mate - Go stick it to 'em !!

[HydraUK]

Wasn't much of an offer considering the claim, but if anything goes wrong you can be assured my dear (and I mean that as 'expensive' and not an affectionate term) wife will remind me, oh about every hour, that we were offered.....

 

I know we can do it! Somebody please tell my heart this fact! Is there surgery for an overactive adrenal gland? Or Immagination?

 

Thanks for your support all.

 

Phil

[HydraUK]

:-x:-x CHEEKY (edit) HAVE JUST TAKEN 'CHG HISTORIC STMNT FEE £5.00' :-x:-x

 

I'm absolutely JUMPING! It's not bad enough that they take penalty chrges left right and centre but they now think they can just help themselves to the odd fiver when they like too!

 

Phoned the bank, was told they would make a 'note of my concerns'.

 

WHAT?? GET ME THE MANAGER!! Sorry she's busy (well well).

 

GRRRRRR!

[mbdiss]

whats a charge historic statement fee then. thats a new one to me. can you add it to your claim.

[HydraUK]

My assumption is that this either relates my original request for statements or, more likely, Cobbetts recently requesting same.

 

Seeing as I handed over £10 originally I can only assume they are trying to charge me for giving Cobbetts the information needed to defend, suffice to say I am not pleased at being in a tent.

 

I say 'assume' because, having phoned bank again, they don't know what it is actually for.....

[isidore]

I've spotted this appearing on a few threads now. It would seem that RBS are adding a fiver charge to a lot of people's accounts and when pressed for a reason, the response is because you are requesting historical statements (referring to the SAR statements). Of course, by law they are only allowed to charge £10 so the charge is unlawful (here we go again!). You can do one of two things, play holy hell and get them to remove it or add it to the claim.

 

Cheeky buggers aren't they?