Gutted!!!!!

dottyanne

OK so i have a claim in that was stayed for bank charges to the royal bank of scotland, in the meantime they added further interest and charges etc, upshot I had them take me to court for the full amount (inc my charges ) over 5k, the judge threw out my defence re the charges, and now i have a CCJ for the whole amount inc charges and costs, i am gutted, where do i stand now getting my bank charges back??

stu1975

How come he threw your defence out in respect of Bank Charges? I am assuming the Account was in dispute and you had informed them of this etc etc, Bumping your thread in the hope that someone a bit more on the ball regarding cases being thrown out will answer for you, I have lots of people on here that I PM on here that may be able to help if you have no luck

dottyanne

Yes i submitted a defence regarding the part of the debt that was in dispute and an admission for the debt we owed, there was no reason the judge gave for throwing out the defence and even the banks solicitors asked for the Court to only decide on the amount admitted on the allocation questionnaire which only makes me think even more its ok for judges with loads of money to throw out peoples rights to claim these unfair charges, we are talking nearly half of the debt by the way, over £2000. I was already paying this back by standing order, now the solicitors are asking for payment in full which i dont have or reasonable offer of payment, i have written offering what i was already paying but am really worried they may go for the jugular and get the bailiffs in or a charging order or attachment of earnings

stu1975

What a pain in the A*** that Judge was!! I am going to PM someone for you now to see if they can give you any advice on this one

natweststaffmember

Can you post up your defence to their claim?
Did you use UTCCR 1999?

dottyanne

dont know how to sorry, basically i admitted part of their claim and did a defence based on my ongoing claim from them for bank charges, the judge dismissed it

natweststaffmember

dottyanne wrote: »

OK so i have a claim in that was stayed for bank charges to the royal bank of scotland,
Brain is now switched on a bit more. was this claim stayed at county court level or the bank?
in the meantime they added further interest and charges etc, upshot I had them take me to court for the full amount (inc my charges ) over 5k, the judge threw out my defence re the charges,
How did you word your defence and what case law did you use?
and now i have a CCJ for the whole amount inc charges and costs, i am gutted, where do i stand now getting my bank charges back??

I think they might be grounds for the CCJ to be set aside potentially but I please remember the word MIGHT cos there is no cast iron certainty that it could be done.

natweststaffmember

dottyanne wrote: »

Yes i submitted a defence regarding the part of the debt that was in dispute and an admission for the debt we owed,
How much was the debt and how much of it was bank charges going back to July 2001? Did you include interest in your original claim?

there was no reason the judge gave for throwing out the defence and even the banks solicitors asked for the Court to only decide on the amount admitted on the allocation questionnaire which only makes me think even more its ok for judges with loads of money to throw out peoples rights to claim these unfair charges, we are talking nearly half of the debt by the way, over £2000. I was already paying this back by standing order, now the solicitors are asking for payment in full which i dont have or reasonable offer of payment, i have written offering what i was already paying but am really worried they may go for the jugular and get the bailiffs in or a charging order or attachment of earnings

Let us just make sure exactly what has happened here.

esmerellda

Okay to get a clearer picture lets make some numbers up to illustrate whats happened. Then we will be able to help more. We'll also need to know the wording of the defence and allocation questionnaire entered, and a timeline of what happened, then we can look at whether you can set aside or need to appeal. Also the wording on the final order from the court would be of help.

So....

Bank claimed against you for say £5000

You admitted £3000 and entered defence for £2000 on charges

Bank asked judge to decide on admitted part of claim only (ie. £3000)

Judge passed Judgement for what ? £3000 or £5000 ?

dottyanne

Judgment passed for 5K !! Ive looked into the Judgment being set aside but as far as im aware this would only be the case if i hadnt admitted to part of the debt (which i did), i was paying this back at 125.21 per month directly to the RBS, their solicitors sent me a letter directly the day after the Judgment was passed asking for payment or reasonable offer of payment within 14 days to prevent further action, i cant afford to stump up 5K all at once and why should i? I have them holdinng my bank charges which inc interest total over 2.5k which is nearly half of the debt, i have written back offering the same amount that i have just about been managing to pay monthly at 125.21 but where can i go from here?

natweststaffmember

dottyanne wrote: »

Judgment passed for 5K !! Ive looked into the Judgment being set aside but as far as im aware this would only be the case if i hadnt admitted to part of the debt (which i did), i was paying this back at 125.21 per month directly to the RBS, their solicitors sent me a letter directly the day after the Judgment was passed asking for payment or reasonable offer of payment within 14 days to prevent further action, i cant afford to stump up 5K all at once and why should i? I have them holdinng my bank charges which inc interest total over 2.5k which is nearly half of the debt, i have written back offering the same amount that i have just about been managing to pay monthly at 125.21 but where can i go from here?

When you received the claim form and defended it, did you have to also do an allocation questionnaire?
If so, what case law did you quote?