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've been reading through the web and the FAQ and feel I've got a fairly good grip on what I need to do but have 1 question which I can't seem to find the answer to
As RBoS is a Scottish Bank can I issue a small claim through the English system or do I have to issue it in Scotland which has a very different system and low levels?
Looking at other threads it would seem so but can anyone give me a definative answer
I ask this because if the answer to either of those is in England then begin your action with your Branch and then continue with MCOL in England if you get that far!
Good Luck:grin:
Big Col
RBS LBA 20/06/06. WON - 21/10/06
MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!
MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!
BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06
Green On!
If the post/advice helps, pse click on the scales!!
The other thing to remember is that if you live close to your Branch you can hand deliver the letters (until you get escalated to Head Office - just about the lba time) but make sure you get a receipt. They WILL abuse all of your timescales and ask for extra time, but they are just flannelling and actually costing themselves extra money; for most of us, the amount we are claiming would clear our overdrafts or bring us back into some semblnce of financial order and therefore not get charged any more anyway!! Ooooh it makes I seeth. Especially when you consider how much it must cost the Bank to employ Cobbetts in Manchester to print off the standard letters that everyone seems to get before they roll over anyway!! Doh, how stupid can they really be??? [Rant over!!]
The other thing to do is get the Branch's fax number and an email address if you can. The majority of other addresses and personalities are on the forum too!
Bon Chance!
Big Col
RBS LBA 20/06/06. WON - 21/10/06
MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!
MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!
BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06
Green On!
If the post/advice helps, pse click on the scales!!
Well, they've got the letter and interestingly enough I got a letter from them today entitled 'PAid Referral Charge' with a note of their charges and it was dated the same day they would have got my letter
Is this significant - not sure but we'll see or if anyone can comment it would be welcome
We'll they made it - got 2 massive enevelopes of statements back bang on the day the reminder popped up in my Calander to hit them with a default, so I've just spend the afternoon going through the statements and they owe me a wopping 4K in charges.
The stupid thing is if they'd not hit me with these, whilst I would have gone overdrawn I wouldn't be in half the mess I got into
My August bank statement is due in a couple of days so I'll wait for that and then hit them with the next letter
Keep the posts up, reading through them helps me a heck of a lot
Once I've got the RBS out of the way, then I'll start on the rest of the bunch
Wrote to them and got aletter back bang on the deadline say cahrges fair, resaonable and offering me £575 as a good will gesture but got to sign my life away to get it. No chance!!,
One thing I can't work out from the FAQs is what do i do about ongoing charges.
My claim is up to the end of August but they've hit me with charges again in Septemeber - now what - do I add this to the August claim or laeve it as a seaparate matter and hit them again for a second time around if that all amkes sense
I've been through the templates and am sending them a hybred letter part the rejection of offer template but modified with a bit from the orignal letter giving them 14 days to reply so not a notice before action.
How long do I keep this up - I mean if they esend me a new offer every two weeks (say increasing it by £200 a time) how long can they keep this going and when is it resaonable for me to say enough and hit them with the letter before action?
Just to bring you up to date - I had a letter dated 12th October upping tyheir offer to £2500 (big improvement on £575) but far short of the £4K I reckon they owe me - the letter alos said our charges are fair and will apply in full in the future
I've only just replied as I wanted to bring the charges up to date (they now stand at £4264.13)
I think a Notice bfore action is the next one - but all advice welcomed
To be honest, I think you are wasting time. If you had sent an lba at the start of October, I think you may have been settled by now. If I were you, I would just hit them with it (the LBA, that is) and stress that you have made every reasonable effort to settle without litigation. Set them a deadline of (at most) a week and even phone them the morning before you file. I think this would probably be your best course of action, but at the end of the day, it's your call.
j
1/9/06 RBS claim #1
8/11/06 - claim settled
17/11 claim #2 started - incl creditcard
30/11 - CC statements received
31/11 - Prelims issued - RBS paying up, only M/C to go)
If any of my advice/ info has been helpful, please click the scales
Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional
I'm inclined to agree, RBS do seem to be unwilling to go to court and don't seem keen on getting involved in a slugging match. I was offered full settlement after I sent off my lba. No more toying with them, send them the LBA!!!!
I'm not sure I've got this correct or not, but it seems like you are giving them 14 days to respond after each rejection letter? The 14 days should be from your first letter and any rejection letter you send should have a deadline of however many days are left of that deadline not another 14 (hope that made sense) otherwise you will be hanging round forever and Christmas is only round the corner lol.
If my post has been useful, tip my scales and let me know
Ah, my mistake I thought you had to allow 14 days every time.
I've sent the letter now special delivery to my branch giving them 14 days again (must stop doing that, so when they come back I'll go straight to an lba which I've not done yet.
Just to be clear should I give them another 14 days with the LBA or stick to the 14 days for the letter I've just sent.
Redaing the other threads I see that Tommy McLean in Customer relations at RBS in Edinburgh seems to write a few of these letters. General question plaese - I live in England and my branch is in England. If I write direct to him in Edinburgh does this then switch jusrestriction to them - at the moment I'm writing via my branch in Maidstone
Just to be clear should I give them another 14 days with the lba or stick to the 14 days for the letter I've just sent.
Now you've given the 14 days notice, you will have to stick to it. If by the end of those 14 days you have not had a satisfactory offer, send an LBA with a further 14 days notice rejecting any partial offers along the way. Once those 28 days are up, if you haven't had a satisfactory offer, issue court proceedings.
Originally Posted by jinxa
Redaing the other threads I see that Tommy McLean in Customer relations at RBS in Edinburgh seems to write a few of these letters. General question plaese - I live in England and my branch is in England. If I write direct to him in Edinburgh does this then switch jusrestriction to them - at the moment I'm writing via my branch in Maidstone
Tommy also dealt with mine - write to whoever sends you the letter. If you mean which court deals with it (is that what you mean?), it's where you live not who deals with it....
If my post has been useful, tip my scales and let me know
All the charges have been refunded in full - about 4.2K - good old Tommy McLean - in Full and final settlement of my claim!!
But, as this only ran until 22nd Septe and they've hit me with more charges in October - I'm going after those next so watch this space.
The one thing I simply don't understand is the logic of hitting me with a £38 charge to bounce a £14 direct debit.
I know I should have the money to cover these DDs first but I'm out of work at the moment so am struggling to pay even the most basic bills at the moment hey ho
Jinxa v RBoS
through the English system or do I have to issue it in Scotland which has a very different system and low levels?
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Re: Jinxa v RBoS
Re: Jinxa v RBoS
OK, so first step taken Data Protection letter is in the post today special delivery - kepp you posted
Re: Jinxa v RBoS
Originally Posted by jinxa
Re: Jinxa v RBoS
Re: Jinxa v RBoS
