Matilda v RBOS ***SETTLED IN FULL***

[matilda153]

After it became clear that my claim MAY NOT be assigned to the small claims, I decided to offer Cobbetts a settlement based on charges only within the 6 year period (as they previously offered me - which I previously turned down)

 

I have had the following letter today from Cobbetts

 

"on the basis that we are successful at the hearing and your default Judgement is set aside, we confirm that we will also apply to strike out the remainder of your case under the Limitation Act 1980."

 

"strike out the remainder"....I am correct in thinking that this only refers to the pre 6 year charges at the set aside hearing?

 

Does this mean I will have to describe my assertion that section 32 applies?

 

Should I present this to the court prior to the hearing?

 

What are your thoughts as to what is Cobbetts game plan?..... I have now offered to agree to their original offer....yet they continue?!....What have they now to gain??

 

Have I slipped up at all?

 

It maybe of interest to note that my previous offer stated the following

 

"This offer is not to be taken as acceptance of your position and furthermore I reserve the right to bring my offer to the attention of the court if I feel that the circumstances require it.

If you agree to my proposal within 7 days I will consent to your application to set aside.

If you do not agree then I will continue for the whole claim, being fully aware that this matter will not be allocated to the small claims track and that I will expect and require standard disclosure to be ordered against your client."

 

Many Thanks

[podgydad]

Why was it not to be handled in the small claims? Your claim was under £5000 wasn't it?

[matilda153]

Yes the claim is below £5K....This is a reply from BF....

 

"You are quite right that the matter should go to the small claims track except that the s.32 LA element could persuade a judge to put it on to the fast track. In this case you would have a limited costs exposure - about £750 for appearance fees - max."

[jonni2bad]

Hi, I think you've been more than fair already. It seems as though you have very little to lose now, since (a) the Standard Disclosure element is more beneficial to you than them, by a long way and (b) if there is a judgment that the Limitations part of your claim does not have any merit then not only will it have no affect on the remainder of your claim, but it will also do us a favour in hearing what a judge has to say on the issue.

 

The set-aside hearing is essentially to decide if they should be given a chance of defending, but this might still mean having to explain your reasoning. I don't believe you would have to send any paperwork into court in advance.

[matilda153]

Another letter from Cobbetts....

 

YIPPPPPEEEEEE!!!!

 

This one containing a cheque for £2750.00....13 weeks after my first letter.

 

Everyone PLEASE note that this settlement is UNCONDITIONAL.....so dont make the mistake of agreeing to conditions....they will pay up regardless!

 

I will donate 5% when it clears, thanks everyone for their support.

 

I am a little disappointed that I didn't get to test s.32.....

 

Although I will seriously consider claiming again for the remainder (pre 6 years) - with of course interest charged at 16% - the contractual rate.

[stacymason]

CONGRATULATIONS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Well worth the wait!!!!!!!!!!!!!!!!!!!!!!

[lickthewallfatboy]

very well done!!I hope they fork out my £300 odd quid soon.....

[jonni2bad]

CONGRATULATIONS

This is great news, well done.

Would you please fill out our survey - Bank Charges Refund Survey - it only takes a minute....

 

.

[pkelly]

Hi Folks

 

Its time everyone got together to support other in beating these Bandits

have a look at this and show your support for him. this is just a start

 

YouTube

 

http://www.youtube.com/watch?v=EVUNDhtpMJY

[matilda153]

This topic was closed on 10 March 2019.

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