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

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  1. #1
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    steveandluc Novitiate

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    Default steveandluc v RBS (full offer received too late)

    I sent in my Data Protection Act request in mid june, should have received statements last week. Phoned to chase 2 weeks ago & was told it would be another week as they were getting a lot of these through. Still not arrived so i phoned customer relations again today. Guess what ? My statements have been produced & destroyed as they didn't know where to send them. I was not a happy chappie.

    Another delaying tactic.

    Just had a call from my branch, very apologetic, re-ordered statements for me urgently.

    Should I let it go or report them to the information commissioner ? Is it worth it ?

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  2. #2
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    Default Can anyone advise on next step ?

    My statements have finally arrived, however, the earliest 6 months statements are missing. As they were late in providing them, I had a friendly followup call earlier today from a lady at my branch, checking if they had arrived. She's going to order the earlier ones again.

    I'm now in a dilemma.

    I've been through the statements and there's over £7000 in charges. Not including interesticon. Obviously I'm eager to get things moving, but as the total's over 5k I was going to work forward from the earliest charges until I hit the 5k and go for that lot first. Can't do that now until the earliest 6 months arrive. The charges are mainly recent though, with the earlier statements having the odd £10 on them but nothing more.

    So, should I wait ?

    Should I forget the earliest ones & start from the earliest I have ?

    Should I go for the whole lot in one go and change the amount later ?

    Or, is there anything I can add to the preliminary letter to say that I'll be revising the claim when the earlier statements arrive ? There may be loads more, who knows.

    Any thoughts gratefully received.


  3. #3
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    Default Re: steveandluc v Royal Bank of Scotland

    Hi, I don't think the amount has to be set in stone until you file moneyclaim, I revised the figure on my lbaicon to include a charge incurred in the period in between and this seems to be ok, as long as the spreadsheet of charges agrees to the amount you actually claim in the courts you should be fine!

    NatWest - Settled in full 22/05/06

    RBS- Prelim sent 9/05/06 £1,147
    £500 offer 27/05/06, rejected 30/05/06
    LBA sent 25/05/06
    MCOL 15/06/06
    Defence received 20/07/06
    Settled in full 01/09/06 wahey!!!!!!!!!

  4. #4
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    Default Re: steveandluc v Royal Bank of Scotland

    thanks


  5. #5
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    Default Re: steveandluc v Royal Bank of Scotland

    Preliminary letter hand delivered to branch on 11th August, asking for the first 5k.


  6. #6
    willowb
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    Default Re: steveandluc v Royal Bank of Scotland

    Good luck Steve,

    Keep us posted!

    Wx


  7. #7
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    Default Re: steveandluc v Royal Bank of Scotland

    Today, 14 days exactly from delivering preliminary letter, received fob off letter, we believe charges are fair etc, but offering just over £1500 as a good will gesture.

    I had the lbaicon letter all ready to go, will have to rewrite now to include a 'thanks but no thanks' bit.

    Is it normal to get an offer after preliminary letter ? Also, the letter was from my business advisor at the branch, not a central unit.


  8. #8
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    Default Re: steveandluc v Royal Bank of Scotland

    lbaicon (including rejection of offer) hand delivered to the branch today.


  9. #9
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    Default Re: steveandluc v Royal Bank of Scotland

    Im too with the RBSicon, i sent my replim letter today so expecting a similar course of action for me.

    I'll expect an offer in the next 2 weeks then.

    Good luck and keeps us posted


  10. #10
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    Default Re: steveandluc v Royal Bank of Scotland

    I should have started court action last week, but didn't get round to it. Finally started a claim on moneyclaim yesterday. BUT, received a letter this morning (dated 21st September) from Tommy McLean agreeing to meet the claim in full.

    What to do now ?

    I've started the claim already & added the 8% interesticon so it's more than the full amount being offered.

    The letter also states the usual full & final settlement bit, and that any future charges will stand. I've already got other charges to go after as I split the claim. I'm also intending claiming on my business account.

    Is it worth phoning him direct, or is it better to write back ?

    Any help gratefully received.


  11. #11
    willowb
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    Default Re: steveandluc v Royal Bank of Scotland

    Hi Steve, well, it's up to you really but I'd email him and at least ask him to put the £120 MCOL fee onto the offer. Wether or not you forget the interesticon is up to you.....

    tommy.mclean@rbs.co.uk

    Good luck
    Wxx


  12. #12
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    Default Re: steveandluc v Royal Bank of Scotland

    its up to you Steve, but I'd point out that his reply was well outside your 14 day time limit and therefore you're entitled to the 8% interesticon as you have now filed a claim. Its not like they're going to go to court over it!!!

    Stacy xx

    NatWest - Settled in full 22/05/06

    RBS- Prelim sent 9/05/06 £1,147
    £500 offer 27/05/06, rejected 30/05/06
    LBA sent 25/05/06
    MCOL 15/06/06
    Defence received 20/07/06
    Settled in full 01/09/06 wahey!!!!!!!!!

  13. #13
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    Default Re: steveandluc v Royal Bank of Scotland

    Thanks folks. Was originally inclined to carry on with the claim but realised I'd made a mistake on moneyclaim. Added the interesticon to the details of the claim but forgot to add it to the total (idiot - more haste less speed etc). So I'd have to re do the claim which would a) cost another £120 and b) may not look too good if I raised another claim after receiving an offer of full settlement, especially as I've split the claim anyway. So I think I'll accept & start going after the rest. I could really do with the money.

    Thanks again to all who've offered advice. I'll keep you posted.


  14. #14
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    Default Re: steveandluc v Royal Bank of Scotland

    You won't have to do a whole new claim - you can request an N244icon from from the court to amend the claim, I think its £35 and non-refundable, but its better than £120! If you get in touch with the court and tell them you need to amend the claim, they should point you in the right direction and send you out a form. To be honest I don't know that much about it but there are a few people on here who have amended their claims, I know BigCol is one of them at least.

    Please don't give in now... you should hold out for the full amount. Think how much further that money will go as opposed to the smaller amount they've offered Good luck!

    ~ I'm a lover, not a fighter... well, most of the time ~

  15. #15
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    Default Re: steveandluc v Royal Bank of Scotland

    I phoned the moneyclaim helpline yesterday and they said I wouldn't be able to claim the interesticon as I hadn't added it to the total. No mention of a N244icon form. I'll phone again today and ask. Thanks.



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