Royal Bank of Scotland (merged)

daleylo

Hello all,

I owe the RBS around £1000 from an overdraft, which I refused to pay when I was in the stage of re-claiming.

Now we have to wait for this decision, they have sent inturim justica to collect this fee.

I was wondering if there would be anyway to hold back from paying this until the decision by the courts is made, as I do not see why I should pay £1000 when thay owe me around £2800.

Any help would be much appreciated.

Thanks.

Stokey125

daleylo wrote: »

Hello all,

I owe the RBS around £1000 from an overdraft, which I refused to pay when I was in the stage of re-claiming.

Now we have to wait for this decision, they have sent inturim justica to collect this fee.

I was wondering if there would be anyway to hold back from paying this until the decision by the courts is made, as I do not see why I should pay £1000 when thay owe me around £2800.

Any help would be much appreciated.

Thanks.

Tell inturim justica that you are in dispute with the bank and when that is resolved there may not be any debt left. Also tell them if they start proceedings you will have those proceedings stayed until teh conclusionnof your proceedings as teh result of your proceedings willdetermine if you owe the bank any money.

chipbeck

I'm in the same position with Barclays......well may be a little deeper in the doo doo. They have sent me a letter (or at least their lackies have) saying they will be applying for a reposession order as I am 2k behind on a secured loan. My case for 3+k has been stayed by the judge. It really annoys me that they can threaten the backside off me but I can't retaliate.

Stokey125

chipbeck wrote: »

I'm in the same position with Barclays......well may be a little deeper in the doo doo. They have sent me a letter (or at least their lackies have) saying they will be applying for a reposession order as I am 2k behind on a secured loan. My case for 3+k has been stayed by the judge. It really annoys me that they can threaten the backside off me but I can't retaliate.

Well when the repossession order is heard apply for the application to be stayed until the end of hearing of your claim in relation for bank charges but make sure you do not miss any more payments

Romum

Hello, bit stuck as what to do now.

I got a judgement entered against RBS for my claim on 1 August as they had not responded to anything I had sent them or the court papers. (Yeay thought i had won) BUT -

They then sent a request for information on the 9 August (after judegment had already been entered) and submitted a defence on the 10 August.

They then requested the court set aside the judgement claiming that they had not responded due to an admin error - the court have done this.

Now due to the current situation everything is on hold.

Should I just sit and wait for the outcome of the test case or reply to their request for further information now? If we do end up going further down the court route I don't want to get caught out by not responding to them when I should have.

Thanks

(PS they are just asking for a break down of charges again etc)

Stokey125

Romum wrote: »

Hello, bit stuck as what to do now.

I got a judgement entered against RBS for my claim on 1 August as they had not responded to anything I had sent them or the court papers. (Yeay thought i had won) BUT -

They then sent a request for information on the 9 August (after judegment had already been entered) and submitted a defence on the 10 August.

They then requested the court set aside the judgement claiming that they had not responded due to an admin error - the court have done this.

Now due to the current situation everything is on hold.

Should I just sit and wait for the outcome of the test case or reply to their request for further information now? If we do end up going further down the court route I don't want to get caught out by not responding to them when I should have.

Thanks

(PS they are just asking for a break down of charges again etc)

Was the judgment set aside after a hearing or did the court deal with it on the papers after allowing you to make any submissions against the judgment being set aside. While if they cannot make an applcation for an order requiring you to provide further information under part 18 while the stay is in place if all tehy are asking are details of the charges or other information that can be easily given then do it.

daleylo

Thank you Stokey125

Would you suggest that I tell them this in writing or over the phone?

And should I also tell the RBS this, or stick to dealing with Intrim?

Romum

Umm! OK not very good with all this yet but -

We asked for a judgement as there had been no reply from RBS - the court then sent us a letter dated 01/08/07 advising that judgement was entered against the defence.
The request for further info from RBS is dated the 10/08/07 and an application notice was submitted to the court on 14/08/07 by RBS claiming they had an admin error (hence no reply to us) and asking for judegment to be set aside and to stay the claim pending OFT v Abbey etc. So i guess the request for further info came before they applied for the judgement to be set aside and claim stayed. I can't see anything that invited us to make a submission against the judgment being set aside. On Money Claim it is showing as judgement request issued but we can't take any further action online at moment.

Not sure if there was a hearing and pretty sure have not been given the opportunity to make any submissions about the case being set aside.,(might be a bit confused on this as not really sure how the court works but don't seem to have anything from the court regarding this )- last thing i received was a notice of transfer to Leeds CC advising that 'an application to set aside judgement has been filed' nothing fruther from anyone.

Hope this makes sense. Appologies if not.

Stokey125

Romum wrote: »

Umm! OK not very good with all this yet but -

We asked for a judgement as there had been no reply from RBS - the court then sent us a letter dated 01/08/07 advising that judgement was entered against the defence.
The request for further info from RBS is dated the 10/08/07 and an application notice was submitted to the court on 14/08/07 by RBS claiming they had an admin error (hence no reply to us) and asking for judegment to be set aside and to stay the claim pending OFT v Abbey etc. So i guess the request for further info came before they applied for the judgement to be set aside and claim stayed. I can't see anything that invited us to make a submission against the judgment being set aside. On Money Claim it is showing as judgement request issued but we can't take any further action online at moment.

Not sure if there was a hearing and pretty sure have not been given the opportunity to make any submissions about the case being set aside.,(might be a bit confused on this as not really sure how the court works but don't seem to have anything from the court regarding this )- last thing i received was a notice of transfer to Leeds CC advising that 'an application to set aside judgement has been filed' nothing fruther from anyone.

Hope this makes sense. Appologies if not.

I see this makes things clearer you can ignore the request for information for now. The matter has been transferred to Leeds which I presume is your local county court who will give you a date for the hearing of RBS' application for judgment to be set aside which you can oppose.

Stokey125

daleylo wrote: »

Thank you Stokey125

Would you suggest that I tell them this in writing or over the phone?

And should I also tell the RBS this, or stick to dealing with Intrim?

You should put it in writing so you have proof that they are aware of the position. There would be no harm in copying the bank's solicitors in on teh correspondence.