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going to court with rbs

hello everyone i have a court date set for the 28th july and have been allocated only 5minutes.

i have until this friday to submit my bundle to the court and rbs solicitors cobbetts,

i understand that cobbetts also need to send in their paperwork 14 days before the hearing which means i should receive a copy.

i will be sending mine tomorrow via gaurenteed delivery so they have it on the last day (14 days before hearing)

if i dont receive a copy from cobbetts solicitors does that mean the case will be struck off in my favour or can i ask the courts to throw this out of court and award me as i have submitted all my paperwork/bundle..

please can someone advise

many thanks


i will update this thread and hopefully give you good news,,,

:think:

Comments

  • They usually end up faxing it to the Court at the last minute. The courts dont seem to enforce the rule on the time limit in my past experiences, annoying when we struggle to get it in in time and the large organisations can flout the law. If you dont receive it pop down to your local court and ask if they have had anything from them and let them know if you havent received anything. You can also write a letter to the court if you dont receive the bundle, this will then be put on file and the judge will see that they havent complied which may make a difference.
  • rosey123
    rosey123 Posts: 11 Forumite
    thankyou nowretired,

    i know it seems wrong that they can flout the law, but i will definately be writing to the court if i dont receive my bundle. Hopefully this will run in my favour.

    Has anyone else been at this stage with cobbetts solicitors or royal bank of scotland?

    Did they send their bundle into the courts and send a copy to you?

    please can you let me know as this is D'Day for me and getting a bit nervous even though i am still confident..

    any other responses would be appreciated..

    thankyou
  • rosey123
    rosey123 Posts: 11 Forumite
    well tomorrow is the final day to get bundle to the courts i have sent mine today to both the courts and rbs solicitors cobbetts.

    has anyone else been at this stage?
    did you receive a bundle from banks solicitors?

    any posts will be reassurance

    cheers
  • rosey123
    rosey123 Posts: 11 Forumite
    today is sunday and nothing inthe post on saturday a day after the court deadline. Does this mean i can ask the court to strike out their defence??

    anyone advise please, or am i talking to myself here....????
  • rosey123
    rosey123 Posts: 11 Forumite
    today is friday and its good news folks.
    its good to see so many people offering advice on my requests!!

    well i decided to take the bull by its horns and rang the court to get advice they said i will need to wait until the court date, not happy with this i rang the bank and was told to call cobbetts, after talking to cobbetts they told me they were waiting for some details regarding my claim to come back from the royal bank of scotland and would be in a position to make an out of court offer,,, woooooweeeee i couldnt beleive my ears,,,,,cobbetts told me they would call back as soon as they heard from rbs..
    9am the following morning cobbettts were on the phone saying some of what i was claiming for had already been refunded,,,,,i thought !!!!!!,,,, i remembered having a cpl of charges refunded a few years ago... they then continued to say without prejudice would i accept an out of court settlement for £1000 less than i was claiming for,,,,i simply replied "see you in court" then was told ok we will pay the full amount as a gesture of goodwill. they then emailed me to explain that it was a gesture of goodwill and i had to reply saying i would cancel the court proceedings.
    9am thursday morning the postman had a special delivery item and inside was a cheque for £5296.83,,,,,,,,result!!!!! 100% of what i was claiming..

    all i can say is listen to what other ppl are telling you on this site they will settle out of court...

    1st letter sent to bank february 2007
    2nd letter sent march 2007
    mcol started april 2007
    court date set for 27th july 2007
    paid out in full 1 week before court date

    total timescale 5months


    i would like to thank all of you that helped on prevous threads and posts...

    if anyone would like some advice then i will be happy to help if i can,,,,,

    good luck to everyone still claiming out there....
  • Oh wow...I am sooooo please for you!!!

    Makes me more confident of sticky with it now!
  • Fantastic Rosy, well done for sticking to your guns. I have just joined this forum & you are my first message. It always helps when you hear the success stories. I have recieved £800 + for myself out of four different companies, i have got over £5000 for my sister in law & i am now trying for a friend, my Brother & my daughter all at different stages. Wish me luck. Again well done go treat yourself.
  • sounds good!!! I'm just going into battle now with RBS in Edinburgh. I've asked for just under £5k including interest charges. These are all purely returned cheques and direct debit charges from May 03 to June 07 and I've made sure refunds previously given have been exccluded.
  • rosey123
    rosey123 Posts: 11 Forumite
    are rbs scotland using cobbetts solicitors?

    i rang them a few days before hearing and they chased the bank for a settlement figure for me and they told me they havent gone to court once!!

    so good luck and keep posting
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