Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I was listening to radio 4 today and could not believe what I was hearing so I came along and had a look and I really can not believe what I am reading.
So
RBS Company Ltd Account: £3k (I know this as it is in my company account).
Personal Account: God know must be 5k easy.
Wifes: ?
Sole Trader Account: £4k
CCard: Defaulted as I could not pay it with God knows how many fees.
So I have done the DPAR letter (5) and will take them in on Monday with 50 quid to my branch.
You can get all the information relating to your banking business with RBS under one DPA claim, one £10 payment.
You would have to make separate claims for business and private accounts, but we can deal with that later.
Once we have details of the account you were defaulted on, we can also decide if you have a case for the removal of the notice on your credit files, and possibly more.
Spend as much time as you can reading our FAQ section (the part in red writing) whilst you are awaiting info to be returned.
Best of luck.........
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Glad to be on board and I will be spreading the news. Emails, links, and word of month. BTW my name is Ashley I used the pseudonym Zooman as my real name is already in use.
Originally Posted by jonni2bad
You can get all the information relating to your banking business with RBS under one DPA claim, one £10 payment.
Does this include my ltd company account.
Originally Posted by jonni2bad
You would have to make separate claims for business and private accounts, but we can deal with that later.
Once we have details of the account you were defaulted on, we can also decide if you have a case for the removal of the notice on your credit files, and possibly more.
Spend as much time as you can reading our FAQ section (the part in red writing) whilst you are awaiting info to be returned.
Best of luck.........
I have had a really good read already and I am amazed. Just a shame I did see this when you started as I have not dealt with RBS for 4 years (I moved to Lloyd's and AIB, they are next) so the clock was clicking. I'm looking forward to this. Court does not worry me as I know how it works very well, just a shame if it does go to court it will not be my old bank manager who has to appear.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
I don't expect it is as the company is it own persona. TBH I am not sure if you can scorn information for a company although this is not an issue as I have all bank statements and it is more the record of manual intervention I am interested in.
Yes, the DPA will be of no use for a business - I just needed to check before confirming.
Since you have the statements, you can proceed (separately) at will.
Cheers
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Here's a question has anyone claimed damages because of this I am thinking for the company as I can easily prove costs involved. IE a tie up of sales generated funds which affected the company's ability to manage cash flow. Or would this be the case allow settlement of funds then sue for damages.
As a specific thought - i.e. in relation to a business - I don't recall seeing this idea on the site before. There have been previous discussions in relation to how the unlawful charges have then had a direct, negative impact on a users credit files and where this will have caused financial losses in relation to subsequent financial dealings - possibly a default causing sub-prime lending etc.
This is certainly a very interesting point and one which I will now raise with the team for further input.
I suspect that the biggest difficulty would be in 'proving' your case to a judge (it doesn't have to be beyond doubt, but it would have to be accepted on the balance of probabilities).
We have recently seen a user claim for both the charges and for the cost of a loan they felt forced to take out when they became so overdrawn they couldn't balance their account every month.... the bank paid out for both - a total of £17,000+
This was not related to adverse credit references.
You may also be advised to start action for losses separately, but this is also something that can be discussed as part of the above.
p.s. - Thanks for your input elsewhere on the site, much appreciated.
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Just before I had walk round to my old branch with this can someone look over the underlined changes I have made, I have had 7 accounts (I forget about #2 accouts etc) with them and I am struggling to find all the numbers..
I have given some thought to amounts I intend to claim them back in line with the appropriate TAX years so this should keep it under 5k per claim and all so I will easily be able to apply it to the tax year for IR.
That's fine Zooman, although you might wish to avoid the start date and just a general....
"Please supply me with a complete list of transactions and charges relating to all my banking activities with your organisation. Alternatively, a complete set of bank statements will be acceptable."
That way, if they have records beyond 6 years, you might just get them... No harm trying!
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
(Don't forget a receipt for the cash AND the letter)
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
I took mine in with the £10, they at first refused to take it off me as they said my accounts are closed and I have to send it to so and so then I said 'I was told this may be hard work and if needed I will come back tomorrow with my legal adviser' (thinking on my feet) so off the girl goes off to see manager then comes back and gives me a letter head receipt for the letter and £10. I got them to stamp it with the date seal they use on chqs etc. I am smiling form ear to ear.
In a similar position my self with my limited company, but have a thread of my own so will not hijack yours
Interesting what you say about the damages side, as it could be intersesting to pursue if anyone has the legal mind to work out it could work. I have certainly lost customers as my supllies are permanently on stop start due to severe cash flow restrictions.
I sent them the DPA letter and they sent me my statements at no charge. Chased the charges, received 10% and they have now told me they are closing my business and mortgage account..............whic h adds to the fun of the chase.
Keep us informed on how you get on. I will follow your thread with interest!
I had a closer on a ltd company mortgage for the admitted reason that they where pulling out from my sector, it stinks what they can do to ltd companies. If you ever fancy a chat about it with someone who has come though it my mobile number PM me.
That today was for my personal and sole trader accounts. I have told our book keeper to go though statements and fill them in on work out interest sheet from this site.
The general consensus regarding damages is that this would e very hard to prove. It is certainly a possibility if you feel you can do this, although it might be better to get the charges refunded and tackle it separately.
What do you consider to be the proof, and what effect did it have on your business? How did this, in turn, cause you loss - and can you show that there were no other factors inplace that could be construed as a reason for that loss?
Is that enough questions for now?
Shall I get my coat?
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Zooman V RBS
Company Ltd Account: £3k (I know this as it is in my company account).
Reply With Quote
Originally Posted by jonni2bad
) so the clock was clicking. I'm looking forward to this. Court does not worry me as I know how it works very well, just a shame if it does go to court it will not be my old bank manager who has to appear.
