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 have sent an lba to RBS but I didnt realise I could claim penalty interest charges. Should I send an up to date LBA with all of the interest charges on charges listed or shall I go to the court stage & list them then.
Also reading through your FAQs I see that when sending the LBA you are meant to send a Breakdown of the charges & then send them a further LBA before going to court
Don't mention the interest until you file at court. It's the first time I've heard of sending two lba's. With the three court cases I've won, only sent one LBA each time.
Best wishes with your claim.
Regards.
Scott.
Any advice I give is honest and in good faith.
If in doubt, you should seek the opinion of a Qualified Professional.
If you can, please donate to this site.
Help keep it up and active, helping people like you.
If you no longer require help, please do what you can to help others
Sounds to me as though you are referring to the prelim not the lba. I think it may be best to have a read through the user guide in the FAQ section and establish exactly which stage of the process you are at befor eyou get a decent response from someone. It does make a difference.
If my post has been useful, tip my scales and let me know
Also maroon, he does say "Penalty Interest", I think he is referring to overdraft interest in which case, you wouldn't leave this revision until court. Again, this does depend on what type of interest you are referring to Martyn, could you confirm - either debit interest (debited on your statemenst for being overdrawn), statutory (8% added to your claim for filing in court) or contractual (charged at the contractual rate of interest).
In any case, please confirm what stage you are at first.....
If my post has been useful, tip my scales and let me know
Also maroon, he does say "Penalty Interest", I think he is referring to overdraft interest in which case, you wouldn't leave this revision until court. Again, this does depend on what type of interest you are referring to Martyn, could you confirm - either debit interest (debited on your statemenst for being overdrawn), statutory (8% added to your claim for filing in court) or contractual (charged at the contractual rate of interest).
In any case, please confirm what stage you are at first.....
I sent a letter before action to them before I looked on this site. I wasnt aware i could claim overdraft interest before i sent it. I need to know that I can start again & send them a preliminary letter as when I sent the letter before action i didnt send a Breakdown of charges. Also I never sent a preliminary letter .
In summary can I start again by sending them a preliminary letter with a list of charges & overdraft interest.
I wont bother with the contract interest as i dont understand it
if you can get back to me on this i will be very greatful
What I would suggest you do is send them a prelim, tell them that you have previously sent them an lba but ask that they discredit this as you have followed the process incorrectly (I'd leave it at that, don't need to tell them any more). Then enclose the statement of charges and wait 14 days before you send your lba in.
If my post has been useful, tip my scales and let me know
What I would suggest you do is send them a prelim, tell them that you have previously sent them an lba but ask that they discredit this as you have followed the process incorrectly (I'd leave it at that, don't need to tell them any more). Then enclose the statement of charges and wait 14 days before you send your lba in.
ok thanks, one question re the overdraft interest. I started to put in the charges on the spreadsheet I had 3 in august 2001, 1 for £15 & 2 for £60 I put in the amount of interest & date of the interest & the 3 interest amounts came to nearly 50% of the total interest for that month.
In short I was £1900 o/d, interest was £29.34
the charges were £135 I make this about 12% of the overdraft total
I thought I would be claiming back 12% of the intertest which comes to about £3.50 yet on the spreadsheet it comes to £11.21 or 3 x £3.74
Martyn v RBS
to RBS but I didnt realise I could claim penalty interest
Reply With Quote
Originally Posted by T4FF
