June v Rbos help

[june34]

Hi ive not been on for a while due to circumstances and ive been reading through the post tonight to get myself back up to date with the process, however im stuck and in need of help or a few questions answered.

Firstly i read that i can only claim back on 5yrs and not 6 or over? and also when im doing the spreadsheet i start from the earliest charge backwards? is this right?

Also on the statements there are some charges that look like royalties silver and gold as if im right they were £5 & £10 but there are some chgs to acc ..... and are for like £20 to £40 i know i cant claim for royalties but i dont think there are classed (bigger amounts) as royalties and wondered if i can claim for them?

Help is really needed as my brain isnt functioning right just now lol

June

[june34]

Hi just wondering if anyone can help me with my earlier questions as i want to get the ball rolling as soon as, due to xmas and money being on the tight side and would appreciate anyone giving me some input as to whether i will be making a idiot of myself if i go ahead with the info i have just now...

June

[lil_jo]

Hi June

If you're claiming in Scotland, you can only claim back 5 years due to the limitations act etc. You can claim 6 years in england but you'd have to go through MCOL and have an address in England or Wales for correspondance, the amounts you can claim are also different. The maximum for the Scottish small claims is £750 (£1500 for a summary cause action) whereas it is £5000 through the english system for small claims (i think).

When you're sorting out the spreadsheets, list the earliest charges first. ie if your first claimable charges were taken on 12/02/02, you'd list this first, charges, say from this month, would be at the bottom of the spreadsheet. The spreadsheet works out how many days interest the bank owes you automatically.

Not too sure about the charges you mention, but if RBOS are anything like my bank, the charges relating to special services (monthly charge for gold customers etc) are usually deducted on the same date each month and are for the same amount, this may make the other charges on the statements easier to fathom.

I hope this helps, but if any info here is wrong, feel free to jump in and help!!!! lol

Good luck

lil_jo

[june34]

Hi Lil-Jo,

Thanks for getting back to me was beginning to think i was going to have to go into the blind but youve been my saviour. im glad i waited as i was going to try and claim back for the 6years and would have done it ar*e from elbow on the spreadsheet. I had known about the £750 in Scotland, pain in the bum though eh.....

The monthly amounts were on roughly the same dates thats why i wondered but i didnt think that i would agree to pay £40 a month for a royalties thing, then there are different amount, to be honest i will prob keep these out and claim for the amount which i think is roughly about £750 anyway, though its not a lot compared to what some folks are claiming its still better in my pocket as after all them applying the charges has meant me having debt problems and having a default against my name, now it wont only be them it will be other companies also.

Just to clarify one more thing (sorry) and thats i dont add the 8% on just yet unless i need to take them to court? i just send in the letter wanting money and the breakdown of how i got the figures?

[lil_jo]

Yep, thats correct. you should only add the 8% interest at the last stage when you're going to court. your spreadsheet that goes to the bank with the prelim letter, is just for the refund of the charges themselves

Hope this helps, GOOD LUCK!!

lil_jo

[june34]

you have been a great help as thought i was never going to get a response ;-(, will get that done tonight and away first thing in the morning, will have to look up the address for this one or might send to the local bank and they can forward on for me.

Thanks again June

[june34]

being a pain again but looking on the faq's for my letter saying i want the money back and it quotes in the letter

"What I require
I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .
I enclose a schedule of the charges which I am claiming with this letter"

does this now mean i show them on the spreadsheet the amount with interest in the off chance(aye right) that if they dont comply

June

[lil_jo]

Hi June,

The spreadsheet is added to your prelim letter and sent to the bank. At this stage, the only thing you are reclaiming is the charges themselves, so unless you are going for the contractural compounded interest, leave the 8% interest off untill you reach the court stage.

Send the letter to them by recorded delivery, it'll cost about a pound, but you have peice of mind that they've rercieved it --- then sit back, relax and wait for a) an very nice letter from them telling you to keep banking , or b) 14 days to pass before you send your LBA.

GOOD LUCK!!

lil_jo

[june34]

Thanks for all your help its really been appreciated, so here goes and hope all is well that ends well, will keep you posted.

June