Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default RBS PPI Settlement offer

    Hi everyone

    I have received a letter from the fosicon today telling me that RBSicon have agreed to settle my PPIicon claim on a goodwill basis.
    I am currently in dispute with them over my credit card, and the CCA they sent me, which i think is unenforceable (I have a thread in the RBS section about this).

    The card currently has a balance of approx £4000, so my questions are:

    1)Will they take the claim off my card balance ? (which i dont want), or can i ask them to pay me by cheque?

    2)The letter (see below) doesnt tell me how much i will be getting, but states it will be a Full and finalicon offer How can i accept it if i dont know the amount ?

    3) I havent sent a SARicon request to RBS so i have no way of finding out what they owe me, as the deadline for me to accept the offer is 7th April.

    4) Would i be better to wait for the FOS to carry out there full investigation ?


    Thanks for any advice
    Lee








  2. #2
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    Default Re: RBS PPI Settlement offer

    Hello lee,

    Hi everyone

    I have received a letter from the fosicon today telling me that RBSicon have agreed to settle my PPIicon claim on a goodwill basis.
    I am currently in dispute with them over my credit card, and the CCA they sent me, which i think is unenforceable (I have a thread in the RBS section about this).

    The card currently has a balance of approx £4000, so my questions are:

    1)Will they take the claim off my card balance ? (which i dont want), or can i ask them to pay me by cheque?

    2)The letter (see below) doesnt tell me how much i will be getting, but states it will be a Full and finalicon offer How can i accept it if i dont know the amount ?

    3) I havent sent a SARicon request to RBS so i have no way of finding out what they owe me, as the deadline for me to accept the offer is 7th April.

    4) Would i be better to wait for the FOS to carry out there full investigation ?


    Thanks for any advice
    Lee
    Having been through a nightmare with RBS I would suggest the following.

    Firstly state you will not settle until they supply you with the actual amount you will be refunded with written confirmation that the refund will be paid to you by a personal cheque and not deducted from any outstanding balance on the card.

    I settled without knowing the actual figures on advice from the FOS but it would be better if you had a figure as then you can decide to accept the adjudicators decision or turn it down and ask for the Ombudsman to become involved (this will extend the time of your complaint but it may make RBS come up with the offer you want) ie how much and by cheque payment only.

    hope this helps

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

  3. #3
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    Default Re: RBS PPI Settlement offer

    Thanks for the reply alanalana

    Do you think it would also be a good idea to send them a Subject access requesticon?.I know it could take up to 40days to get my statements but if i reply to the fosicon just before the April 7th deadline then hopefully i might get the info back from RBSicon before the FOS reply back to me.



    many thanks
    Lee


  4. #4
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    Default Re: RBS PPI Settlement offer

    Hello lee,

    Thanks for the reply alanalana

    Do you think it would also be a good idea to send them a Subject access requesticon?.I know it could take up to 40days to get my statements but if i reply to the fos just before the April 7th deadline then hopefully i might get the info back from RBS before the FOS reply back to me.



    many thanks
    Lee
    Once you have decided you have a sound case for reclaiming and the majority of people have a sound case. Then I always advise a Subject access requesticon is submitted. Remember to send the statutory fee of £10.00

    1. This shows you want all of the applicable data the bank holds on you as a data subject and that you mean business.

    2. It can throw up all sorts of information that the bank has stored away about you but that you are probably not aware of.

    3. It enables you to back up your claim for mis-selling in a lot of cases as the banks cannot supply the relevant information, and remember if you are reclaiming PPIicon as mis-sold it is up to the bank to prove otherwise.

    4. Keep at them remember £10.00 fee gives some of their remaining employees something to do for a few hours or even days.

    aa

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

  5. #5
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    Default Re: RBS PPI Settlement offer

    thanks again alanalana

    lee


  6. #6
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    Default Re: RBS PPI Settlement offer

    Hi all

    I have draughted up a letter to send to the fosicon re there above letter.





    Financial Ombudsman Service,
    South Quay Plaza,
    183,Marsh Wall,
    London.
    E14 9SR


    30 March 2009

    Dear Mr Fleming,

    REFERENCE : XXXXXXXX

    Thank you for your letter regarding my complaint against The Royal Bank of Scotlandicon Plc.
    I am pleased to hear that the bank wishes to settle my complaint, although i am not willing to accept there offer until they can clarify a few issues.

    1) As they are offering this as a Full and finalicon settlement i would need to know the sum of money involved before i could accept.
    2) I would also need written confirmation that any money paid to me would be by cheque only, and not to be taken off any remaining card balance.
    3) I am also sending the bank a Subject access requesticon, so that i can cross reference the banks offer against what is on the credit card statements. Therefore the 7th April deadline is impractical.

    I would be grateful if you would pass this on to the bank, and hopefully they can come back with a positive response.

    I look forward to hearing from you soon.

    Yours sincerely





    Does this look ok ? Anything i need to add or ammend ?



    thanks
    Lee


  7. #7
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    Default Re: RBS PPI Settlement offer

    There is one other thing i have just realised.When i originally received the credit card from RBSicon it was there standard mastercard.Then sometime down the line they sent me a brand new card which was a gold card.Both cards had completely different numbers, so in effect i have had two different account numbers with RBS for the one agreement.
    When i send them a SARicon do i need to give them both account numbers ? Im not even sure i have the original one, or by giving the present account will this give me all the statements from day one (2003) ???

    Thanks
    Lee


  8. #8
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    Default Re: RBS PPI Settlement offer

    Hello lee,

    There is one other thing i have just realised.When i originally received the credit card from RBSicon it was there standard mastercard.Then sometime down the line they sent me a brand new card which was a gold card.Both cards had completely different numbers, so in effect i have had two different account numbers with RBS for the one agreement.
    When i send them a Subject access requesticon do i need to give them both account numbers ? In a word NO Give them the original account number only and let's see what the provide under the SARicon. Make them do the work Im not even sure i have the original one, That is where the SAR comies into it's own. or by giving the present account will this give me all the statements from day one (2003) ??? If you supply the present account you are doing their work for them. You send SAR on the original and see what they come up with. Their response could be interesting

    Thanks
    Lee
    aa

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

  9. #9
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    Default Re: RBS PPI Settlement offer

    Lee I have responded out of order of you posts,

    Financial Ombudsmanicon Service,
    South Quay Plaza,
    183,Marsh Wall,
    London.
    E14 9SR


    30 March 2009

    Dear Mr Fleming,

    REFERENCE : XXXXXXXX

    Thank you for your letter regarding my complaint against The Royal Bank of Scotlandicon Plc.

    I am pleased to hear that the bank wishes to settle my complaint, although I am not willing to accept their offer until they can clarify a few issues.

    1) As they are offering this as a Full and finalicon settlement, as a goodwill gestureicon and without any admission of liability, I would need to know the actual figure involved before I could accept.

    2) I would also require written confirmation that any refund paid to me would be by personal cheque in my name only, and that the appropriate refund should not under any circumstances be deducted from any balance remaining on the card.

    3) I am also sending the bank a Subject Access Request, in line with the Data Protection Act 1998 so that I can cross reference the banks' offer against the figures shown on the credit card statements. Therefore the 7th April deadline is impractical.

    I would be grateful if you would pass this on to the bank, and hopefully they will respond in a positive manner.

    I look forward to hearing from you soon.

    Yours sincerely
    I know I have knocked it about a bit but if you are happy with the changes ok it is only a suggestion.

    aa

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

  10. #10
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    Default Re: RBS PPI Settlement offer

    Thank you very much for the replies alanalana

    The ammended letter is excellent thanks.
    I have managed to find an old card statement from 2005 which has the original credit card number, so game on and as you say it will be interesting to see what they come back with.


    kind regards
    Lee


  11. #11
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    Default Re: RBS PPI Settlement offer

    Some good advice from alanalana, a SARicon might be a very good idea - try this one and edit as required - http://www.consumerforums.com/resour...ebt-a-dca.html

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

    DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk...65-legislation

    IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

    I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

    IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
    Before you decide,consider the users here who have already offered help and support.
    Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
    If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.


    Forum rules - http://www.consumeractiongroup.co.uk...ease-read.html

  12. #12
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    Default Re: RBS PPI Settlement offer

    My feeling is get the PPIicon claim sorted out ASAP, as there is every chance they will offset against any debt (whether you ask for a cheque or not)...(you seem to have done all the right things so far) but it seems crazy they haven't quoted a figure....(which you have obviously adressed in your letter above). Keep us posted....

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

    DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk...65-legislation

    IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

    I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

    IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
    Before you decide,consider the users here who have already offered help and support.
    Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
    If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.


    Forum rules - http://www.consumeractiongroup.co.uk...ease-read.html

  13. #13
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    Default Re: RBS PPI Settlement offer

    Thanks 42man

    got both my SARicon and letter back to the fosicon ready to post in the morning......watch this space


    cheers
    Lee


  14. #14
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    Default Re: RBS PPI Settlement offer

    Sorry to highjack the thread, but we've got a claim ongoing with RBSicon, they have agreed to cancel the PPIicon saying that we were not mis-sold the policy, but, as a gesture of 'goodwill' are willing to make a payment without accepting any liability...

    We've worked out what we've paid in PPI in the period of the loan. If we were to accept their offer, does anyone have any ideas on how much we would get?

    Any help will be greatly appreciated.


  15. #15
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    Default Re: RBS PPI Settlement offer

    hello hugh,

    if you start your own thread it will lead to less confusion and you can more easily follow the responses to your own case.



    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

  16. #16
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    Default Re: RBS PPI Settlement offer

    Quote Originally Posted by alanalana View Post
    hello hugh,

    if you start your own thread it will lead to less confusion and you can more easily follow the responses to your own case.

    Done


  17. #17
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    Default Re: RBS PPI Settlement offer

    Had a reply back today from the Ombudsmanicon.Not really sure what to make of it, as it doesn't entirely answer my previous letter.





    Should i just accept ? or anyone have any other suggestions


    thanks
    Lee


  18. #18
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    Default Re: RBS PPI Settlement offer

    anyone help with the above :-?

    thanks


  19. #19
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    Default Re: RBS PPI Settlement offer

    Hello lee,

    The fosicon may not have been given the actual settlement figure. If you accept and then feel the amount is less than you should have been offered the you can as the FOS stated write to RBSicon asking them to provide details on how they arrived at the settlement figures. If you then dispute the information back to the FOS with another complaint enclosing the details supplied by RBS.

    On my one of my claims I said I was not happy to sign a settlement form without knowing how much was being offered and the FOS then sent me a copy of the offer that RBS had made to the FOS. On my second claim I had the same problem as you seem to be having I accepted but insisted on a full Breakdownicon of how they worked out the figures.

    It's your call

    aa

    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

  20. #20
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    Default Re: RBS PPI Settlement offer

    Thanks for that alanalana

    I think i will send the form back to them and see what they come up with.I plan on comparing any offer against the statements from my SARicon when i receive it.
    Also can't wait to see what CCA they come up with, regarding my original account number

    cheers

    Lee



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