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What do we do next please ?
Hi, this is my first post so will summarise our position briefly. We just need some advice on what to do next.
We submitted a claim with the small claims court which was issued 9/7/07. RBS didn’t acknowledge the claim within the given period allowed and therefore judgement was entered against them to pay us our claim on 1/8/07.
On 14/8/07 RBS requested the judgement be suspended pending a hearing and the claim stayed. This was granted.
We attended a court hearing and their defence was that it was an admin error on their behalf and that they failed to acknowledge the claim (wish we could all claim this every time we go overdrawn!) and that they had a real prospect of defending the claim.
The judge seemed really sympathetic to us and impressed with the work we have put in and totally humiliated their solicitor as he had come to court with no preparation or paperwork and even told us to make sure we added cost of lunch, lost working hours and parking to claim. However, due to Test Case he had to set judgement aside to the first available date after the final decision on the test case.
We have heard nothing from the court and only one letter from RBS in January 10 from their Customer Relations Services not upholding our complaint and if we didn’t like to go to the FOS.
It is my understating that our case is still ‘live’ with the court and I want to know –
1. What do we do now?
2. On what grounds do we proceed if we have to go back to court i.e. with our original complaint that the charges are unfair OR challenging their pathetic excuse that they didn’t acknowledge our claim because of an admin error (seemed to manage to acknowledge judgement to pay us OK) Or both?
3. If we proceed and lose will we have to pay RBS’s costs?
4. Can we get to see the same judge or will it go to someone else?
Any advice greatly appreciated. We have no legal training but are learning fast but we feel that we are walking on thin ice and don't want to make a wrong move. Thanks
We submitted a claim with the small claims court which was issued 9/7/07. RBS didn’t acknowledge the claim within the given period allowed and therefore judgement was entered against them to pay us our claim on 1/8/07.
On 14/8/07 RBS requested the judgement be suspended pending a hearing and the claim stayed. This was granted.
We attended a court hearing and their defence was that it was an admin error on their behalf and that they failed to acknowledge the claim (wish we could all claim this every time we go overdrawn!) and that they had a real prospect of defending the claim.
The judge seemed really sympathetic to us and impressed with the work we have put in and totally humiliated their solicitor as he had come to court with no preparation or paperwork and even told us to make sure we added cost of lunch, lost working hours and parking to claim. However, due to Test Case he had to set judgement aside to the first available date after the final decision on the test case.
We have heard nothing from the court and only one letter from RBS in January 10 from their Customer Relations Services not upholding our complaint and if we didn’t like to go to the FOS.
It is my understating that our case is still ‘live’ with the court and I want to know –
1. What do we do now?
2. On what grounds do we proceed if we have to go back to court i.e. with our original complaint that the charges are unfair OR challenging their pathetic excuse that they didn’t acknowledge our claim because of an admin error (seemed to manage to acknowledge judgement to pay us OK) Or both?
3. If we proceed and lose will we have to pay RBS’s costs?
4. Can we get to see the same judge or will it go to someone else?
Any advice greatly appreciated. We have no legal training but are learning fast but we feel that we are walking on thin ice and don't want to make a wrong move. Thanks
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