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BAILIFFS - The Law and Your Rights

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Thread: Micking v RBS

  1. #1
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    Default Micking v RBS

    Hi all,

    I sent the letter with my £10 to request all my statements yesterday. I know they have up to 40 days to send this information to me but is this how long it is likely to take - I imagine they will delay it for as long as possible??

    Can anyone help me as to what I can claim , is it anything that appears on my statements as a Charge, i.e. I used to be charged £10 per month for my Royalties Account, then charges about £7 a month for the overdrafticon, plus all the usual referral charges etc... I think if I can claim everything it amounts to about £2000.

    Good luck to everyone pursuing this - Martin Lewis is a genius!!
    Michelle

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  2. #2
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    Default Re: Which charges can I claim for??? RBS

    If the £10 a month was a premium for having a certain type of account then you can't claim that, it's a genuine service fee.

    Bounced cheques, DDs, SOs, 'Paid Referral', Excess overdrafticon, Unauthorised Overdraft, etc etc - all these can be claimed.

    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.


    "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)



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  3. #3
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    Default Re: Which charges can I claim for??? RBS

    Quote Originally Posted by Micking
    Martin Lewis is a genius!!
    Indeed Martin is a great guy full of good advice (and sex appeal thrown in for good measure...or is that just me that thinks that?) but the thanks here should be given to BF and dave (to name but a few) and to all the moderators who do a fantastic job helping everyone out. Sorry I just wanted to put the record straight ;-)


  4. #4
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    Default Re: Which charges can I claim for??? RBS

    Totally agree!!! Sorry didn't mean to miss out the moderators - all genuises!

    Will be patient and await my statements from the DPA - will keep you posted!


  5. #5
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    Default Re: Which charges can I claim for??? RBS

    I think I'm confusing myself now, I sent the letter requesting all charges with the £10 to the address from the DPA link above the template letter - should this letter also go to my branch??


  6. #6
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    Default Re: Which charges can I claim for??? RBS

    Please familiarise yourself with the FAQ's - all your questions are answered there.


  7. #7
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    Default DPA Request

    I sent my request for statements for the last 6 yearsicon, last week, to the RBOS address on the DPA link, everyone else seems to have sent their letter with their cheque to their Branch - has anyone else sent theirs not to the branch?? How long did it take before the information was sent, I know it says up to 40 days, just wondering if it will take that long??
    Thanks.


  8. #8
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    Default Re: Micking v RBS

    I've merged your threads and changed the title to assist you with your claim. It's easier for us to follow when we see the whole story of where you are at, and you will gain much better advice. Please stick to the one thread. Thanks.

    Have a good read around. I'm sure people state in their threads how long it took.


  9. #9
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    Default Re: Micking v RBS

    Thank you, I will look through the threads, but as yet can only see that people have sent the letters to their branches, think I'm worrying unduly!!! Just want to get the ball rolling!!:grin:


  10. #10
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    Default Re: Micking v RBS

    Michelle,

    I was told that it can take up to 7 days to produce the statements and then the post out time. I recieved mine once I prompted my Branch, who also cancelled my cheque for the inconvenience (a small but sweet victory!). Beware of the "sorry we have not recieved that letter" sketch, if you go through your Branch they will do the donkey work for you before it gets progressed up to the Bank's Solicitors stage. Don't panic!!! It may seem daunting but read the other threads on here and get cutting and pasting some useful statements from other threads that may be going through similar processes, I would also read the FAQs making sure you print off a copy of the Rules of Engagement and Moneyclaim Guide Notes. The more you can prepare for the better when the letter drops onto your doormat. Get a calendar out and mark on the dates of posting of your letters and subsequent D-Days. The odd call may have to be made to the Bank to check on progress because they will swing the lead, but stick to your timescales, its your money and you want it back!! All power to the BAG!!


  11. #11
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    Default Re: Micking v RBS

    I actually got a phone callicon from the Bank today to let me know I have a direct debit going out which will take me over my overdraft, I told them I transferred funds from another account on Tuesday and would hope they will be in the account tomorrow so no charges will be going on to my account. While I was on the phone I asked them if they can provide my statements and immediately she answered it is ot worth me going to the Ombudsmanicon as they have justified all their charges - is this the case?? I expect its a standard speech they've been given....??


  12. #12
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    Default Re: Micking v RBS

    It's not worth going to the Ombudsmanicon as they would take 8 weeks to respond and then side with the bank anyway. They cannot decide if a charge is lawful - only a court can decide this.

    So stick to the steps outlined on this site and ignore the banks stalling tactics telling you to complain to the ombudsman etc.

    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.


    "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)



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  13. #13
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    Default Re: Micking v RBS

    Its got nothing to do with the Ombudsmanicon, confusion on the staff's point of view. I would be interested to read this proof to the Ombudsman, other posts have pointed out that even the RBSicon's chairman couldn't justify them. Any way, the OFT ruling was that charges should not be above £12 for Cradit Card companies. I would say that he/she is just trying to scare you off, you are asking for copies of information held on your account and they cannot refuse to give it to you (well, I'm sure they would try...). Sounds like more stalling tactics, desperation sounds like it is creeping in to your Branch!!

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  14. #14
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    Default Re: Micking v RBS

    Not sure I sent the first letter requesting list of charges to the correct address so yesterday I sent the letter to my actual branch. Just had a call from them asking me what I meant by manual intervention!! Felt a bit stupid as I don't recall the exact wording in the letter, had to make excuses until I was able to find the letter on my PC and read it again!! At least I know they have received it now - just waiting now!!



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