Patricia Pearl - Small Claims Procedure - A Practical Guide


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BAILIFFS - The Law and Your Rights

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Thread: Dean v RBS

  1. #1
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    Default Dean v RBS

    I was given this sites address by a friend and its the best present ever

    I cant believe these huge companys have been able to get away with this for so long, i've told as many people as i can to visit this website and i think a lot of them are in the same position

    so hopefully we should be able to put an end to it as at least kick them in the ................... wallet !!

    Similar Threads:

  2. #2
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    Default Re: Dean v RBS

    RBSicon - Claim - £2391.85 + 8% + legal costs (if it gets this far)
    Claim started - DPA request -01/07/06
    Request for refund sent - 25/07/06
    Citi Visa - DPA request sent - 30/07/06
    Capitol One - DPA Request sent - 30/07/06


  3. #3
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    Default Re: Dean v RBS

    my first response from RBSicon after my initial request for a refund was a letter advising me that fgor them to proceed further and investigate i would need to send 10.00 subject access fee. which i had already done. how do they think i got my statements my response is below :

    Dear Tracey Bloomfield,
    I am responding to the letter you have sent to me dated 01/08/06. Thanks for your response but as your records should show I have already paid a £10.00 subject access fee and in return for this you have already provided me with a list of my statements. From these statements I have already given you a list of the relevant charges that I am claiming unlawful and therefore it is down to you to look in to the charges if you dispute this and this would not be at my expense so your request for a £10.00 fee from me is rejected. Please be advised that in my original letter I gave you 14 days to issue a favourable response before I would take further steps, that deadline will expire on 08/08/06 when I will send you a further letter confirming my intentions of taking action against yourselves. If you wish to respond in the meantime please feel free to do so but my definition of a favourable response will be your acceptance in principal of the refund and a realistic time frame in which I can expect these monies to be paid.

    i think this was ok

    Royal bank of Scotland
    £2391.82 + 8% + legal costs £220.00 = £2911.88
    Data Protection Act request - 01/07/06
    Prelim Request - 25/07/06
    LBA - 08/08/06
    Claim filed - 22/08/06
    Acknowledged - 25/08/06
    Defence filed - 25/09/06
    AQ sent 10/10/06
    AQ Received by court 12/10/06
    Copy of RBS AQ received 14/10/06
    Now We Wait ................

    Capitol One MasterCard

    Data Protection Act Request - 15/10/06

    Citi Bank Visa Card

    Data Protection Act Request - 15/10/06

  4. #4
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    Default Re: Dean v RBS

    :P

    Royal bank of Scotland
    £2391.82 + 8% + legal costs £220.00 = £2911.88
    Data Protection Act request - 01/07/06
    Prelim Request - 25/07/06
    LBA - 08/08/06
    Claim filed - 22/08/06
    Acknowledged - 25/08/06
    Defence filed - 25/09/06
    AQ sent 10/10/06
    AQ Received by court 12/10/06
    Copy of RBS AQ received 14/10/06
    Now We Wait ................

    Capitol One MasterCard

    Data Protection Act Request - 15/10/06

    Citi Bank Visa Card

    Data Protection Act Request - 15/10/06

  5. #5
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    Default Re: Dean v RBS



    Royal bank of Scotland
    £2391.82 + 8% + legal costs £220.00 = £2911.88
    Data Protection Act request - 01/07/06
    Prelim Request - 25/07/06
    LBA - 08/08/06
    Claim filed - 22/08/06
    Acknowledged - 25/08/06
    Defence filed - 25/09/06
    AQ sent 10/10/06
    AQ Received by court 12/10/06
    Copy of RBS AQ received 14/10/06
    Now We Wait ................

    Capitol One MasterCard

    Data Protection Act Request - 15/10/06

    Citi Bank Visa Card

    Data Protection Act Request - 15/10/06

  6. #6
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    Default Re: Dean v RBS

    i have recently moved to scotland and have therefore having trouble with the moneyclaim website as my homke address is now in scotland has anyone had this problem and can anyone tell me if i need to do anything different ?

    thanks

    Royal bank of Scotland
    £2391.82 + 8% + legal costs £220.00 = £2911.88
    Data Protection Act request - 01/07/06
    Prelim Request - 25/07/06
    LBA - 08/08/06
    Claim filed - 22/08/06
    Acknowledged - 25/08/06
    Defence filed - 25/09/06
    AQ sent 10/10/06
    AQ Received by court 12/10/06
    Copy of RBS AQ received 14/10/06
    Now We Wait ................

    Capitol One MasterCard

    Data Protection Act Request - 15/10/06

    Citi Bank Visa Card

    Data Protection Act Request - 15/10/06

  7. #7
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    Default Re: Dean v RBS

    have made claim today via the money claim website ... fingers crossed

    Royal bank of Scotland
    £2391.82 + 8% + legal costs £220.00 = £2911.88
    Data Protection Act request - 01/07/06
    Prelim Request - 25/07/06
    LBA - 08/08/06
    Claim filed - 22/08/06
    Acknowledged - 25/08/06
    Defence filed - 25/09/06
    AQ sent 10/10/06
    AQ Received by court 12/10/06
    Copy of RBS AQ received 14/10/06
    Now We Wait ................

    Capitol One MasterCard

    Data Protection Act Request - 15/10/06

    Citi Bank Visa Card

    Data Protection Act Request - 15/10/06

  8. #8
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    Smile Re: Dean v RBS

    I thought I'd be the first to reply to you, awww, bless!

    That second letter you've put up sounds great! Don't give them any more money than you have to!

    Good luck!

    Jen x

    Barclays - £700 - SETTLED IN FULL
    BarclayCard - £380 - SETTLED IN FULL + £132 EXTRA
    Style RBOS - COUNTY COURT JUDGEMENT AGAINST CREDITOR - SHERIFF OFFICER ACTION TAKEN - £245 - SETTLED IN FULL

  9. #9
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    Default Re: Dean v RBS

    i have registered a claim on the moneyclaim website but i now live in scotland ( as of feb) i have put my parents address in england where i used to live down as the point of contact for me with regards to letters etc


    will this be ok or will this cause problems

    Royal bank of Scotland
    £2391.82 + 8% + legal costs £220.00 = £2911.88
    Data Protection Act request - 01/07/06
    Prelim Request - 25/07/06
    LBA - 08/08/06
    Claim filed - 22/08/06
    Acknowledged - 25/08/06
    Defence filed - 25/09/06
    AQ sent 10/10/06
    AQ Received by court 12/10/06
    Copy of RBS AQ received 14/10/06
    Now We Wait ................

    Capitol One MasterCard

    Data Protection Act Request - 15/10/06

    Citi Bank Visa Card

    Data Protection Act Request - 15/10/06

  10. #10
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    Default Re: Dean v RBS

    Should be fine I think? I always use my parents address as I tend to move around a lot for work ect; looks better on my credit report and they just forward me everything


  11. #11
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    Default Re: Dean v RBS

    im really worried now i have put the worng address in for the claim to be served to

    can anyone confirm that this is correct or wrong ? :

    RBSicon
    Kay Stanbridge
    RBS litigation
    1 Princess St
    London
    EC2R 8PB


    Royal bank of Scotland
    £2391.82 + 8% + legal costs £220.00 = £2911.88
    Data Protection Act request - 01/07/06
    Prelim Request - 25/07/06
    LBA - 08/08/06
    Claim filed - 22/08/06
    Acknowledged - 25/08/06
    Defence filed - 25/09/06
    AQ sent 10/10/06
    AQ Received by court 12/10/06
    Copy of RBS AQ received 14/10/06
    Now We Wait ................

    Capitol One MasterCard

    Data Protection Act Request - 15/10/06

    Citi Bank Visa Card

    Data Protection Act Request - 15/10/06

  12. #12
    willowb
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    Default Re: Dean v RBS

    That's the one I used.....it's correct! :>)

    Wx


  13. #13
    kao kao is offline
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    Default Re: Dean v RBS

    Quote Originally Posted by zeus_the_god
    my first response from RBSicon after my initial request for a refund was a letter advising me that fgor them to proceed further and investigate i would need to send 10.00 subject access fee. which i had already done. how do they think i got my statements my response is below :

    Dear Tracey Bloomfield,
    I am responding to the letter you have sent to me dated 01/08/06. Thanks for your response but as your records should show I have already paid a £10.00 subject access fee and in return for this you have already provided me with a list of my statements. From these statements I have already given you a list of the relevant charges that I am claiming unlawful and therefore it is down to you to look in to the charges if you dispute this and this would not be at my expense so your request for a £10.00 fee from me is rejected. Please be advised that in my original letter I gave you 14 days to issue a favourable response before I would take further steps, that deadline will expire on 08/08/06 when I will send you a further letter confirming my intentions of taking action against yourselves. If you wish to respond in the meantime please feel free to do so but my definition of a favourable response will be your acceptance in principal of the refund and a realistic time frame in which I can expect these monies to be paid.

    i think this was ok
    DARN Cheek! They charged me £5 for the same thing. I'd query why it's £5 for one customer and £10 for you...


  14. #14
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    Default Re: Dean v RBS

    RBSicon have acknowledged my claim on 25/08/06

    just to double check the rules of engagement as i dont want to drop the ball this late in the game

    is 14 days from that date they have to enter thier defence ? or 28 day from the original serve date they have ?

    Royal bank of Scotland
    £2391.82 + 8% + legal costs £220.00 = £2911.88
    Data Protection Act request - 01/07/06
    Prelim Request - 25/07/06
    LBA - 08/08/06
    Claim filed - 22/08/06
    Acknowledged - 25/08/06
    Defence filed - 25/09/06
    AQ sent 10/10/06
    AQ Received by court 12/10/06
    Copy of RBS AQ received 14/10/06
    Now We Wait ................

    Capitol One MasterCard

    Data Protection Act Request - 15/10/06

    Citi Bank Visa Card

    Data Protection Act Request - 15/10/06

  15. #15
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    Default Re: Dean v RBS

    i have a question that may be those more in the know than me can answer ( hopefully) .......

    if i am currently pursuing the bank for a refund of charges that i am claiming are unlawful and unjust can they apply further charges to my account within the period where previous ones are in dispute for there very nature not the reason for their application ?


    any one ?

    Royal bank of Scotland
    £2391.82 + 8% + legal costs £220.00 = £2911.88
    Data Protection Act request - 01/07/06
    Prelim Request - 25/07/06
    LBA - 08/08/06
    Claim filed - 22/08/06
    Acknowledged - 25/08/06
    Defence filed - 25/09/06
    AQ sent 10/10/06
    AQ Received by court 12/10/06
    Copy of RBS AQ received 14/10/06
    Now We Wait ................

    Capitol One MasterCard

    Data Protection Act Request - 15/10/06

    Citi Bank Visa Card

    Data Protection Act Request - 15/10/06

  16. #16
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    Default Re: Dean v RBS

    Hi guys

    Just posting an interesting development in my quest. I received on 30th the standard letter from cobetts acknowledging the claim and adv tha the charges were legal and fair (£38.00 for not paying a bill and maybe sending a letter ...... bargain). Then i received my post yesterdqay and in it was a letter from Tommy McLean which is below :

    Thanks you for your letter of 8th Aug. I am sorryto hear you remain disatisfied.

    There is nothing i can add constructively to past correspondence but i would like to resolve matters with you. Against that background and as a gesture of goodwillicon without admission oe error or liabilty, I am offering the sum of £1,458 in Full and finalicon settlement of your complaint. However our terms and conditionsicon will continue to apply and any charges that accrue in the fuure must stand.

    I hope you will consider this to be a fair and reasonable settlement and on receipt of your signed acceptence, i will make immediate arrangements for payment.


    So what do i do now? from what i have read in other posts i should accept this offer as an interim payment but under the condidtions that i will still be pursuing the remaining amount and also tat i do not agree to "our terms and charges must apply" rubbish

    any one got any comments ideas ?

    Royal bank of Scotland
    £2391.82 + 8% + legal costs £220.00 = £2911.88
    Data Protection Act request - 01/07/06
    Prelim Request - 25/07/06
    LBA - 08/08/06
    Claim filed - 22/08/06
    Acknowledged - 25/08/06
    Defence filed - 25/09/06
    AQ sent 10/10/06
    AQ Received by court 12/10/06
    Copy of RBS AQ received 14/10/06
    Now We Wait ................

    Capitol One MasterCard

    Data Protection Act Request - 15/10/06

    Citi Bank Visa Card

    Data Protection Act Request - 15/10/06

  17. #17
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    Default Re: Dean v RBS

    The reply you got from Tommy Mclean there was the exact same reply I got after sending my lbaicon. Have put court summons in now but not heard anything!! When I got thet reply I just did as you suggest, write accepting it as part settlement but you'll still pursue the rest in court!Never heard back and subsequently filed papers! I don't think it'll be long now before you get the full amount! Good luck!

    BOS

    Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!
    Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

  18. #18
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    Default Re: Dean v RBS

    Ok So I Have looked through the Forums and the FAQ's and I've Come up with this response :

    Dear Mr McLean

    I thank you for your letter of 25th Aug Ref: 282523

    I was happy to receive your letter offering me a “goodwill gestureicon” of £1,458. I am writing to clarify my position. I am happy to accept your offer as an interim payment of the total monies owed to me but there are several terms I wish to inform you of before any payment is made.

    The total amount I have issued a claim for is £2,811.88 this is inclusive of charges, the resultant overdrafticon interest, 8% interest allowed under section 69 of the county courts act 1984 and court fees incurred

    Any monies paid to me short of this total amount will be considered an interim payment and my claim will continue until the full amount has been refunded.

    I am happy to continue to operate my account with yourselves under your current terms and conditionsicon however I will still seek to reclaim any further charges that are levied upon my account which are unfair and illegal penalty charges.

    The fact that you are offering me money back does not change the fact that these charges are a penalty charge and not a fair and true reflection of your incurred costs an therefore not enforceable under consumer law. In my opinion your offer only helps to solidify my position.

    As you are no doubt aware I have issued a claim against Royal Bank of Scotlandicon and will be more than happy to drop this claim if you agree to settle for the full amount.



    I have already issued a claim via the monyclaim website so i think this is the right thing to do.
    Any one got any suggestions for amendments or anyone see any problems in their?


    Any Mod's out their your opinions would be great

    Royal bank of Scotland
    £2391.82 + 8% + legal costs £220.00 = £2911.88
    Data Protection Act request - 01/07/06
    Prelim Request - 25/07/06
    LBA - 08/08/06
    Claim filed - 22/08/06
    Acknowledged - 25/08/06
    Defence filed - 25/09/06
    AQ sent 10/10/06
    AQ Received by court 12/10/06
    Copy of RBS AQ received 14/10/06
    Now We Wait ................

    Capitol One MasterCard

    Data Protection Act Request - 15/10/06

    Citi Bank Visa Card

    Data Protection Act Request - 15/10/06

  19. #19
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    Default Re: Dean v RBS

    anyone got any comments about the above ?

    Royal bank of Scotland
    £2391.82 + 8% + legal costs £220.00 = £2911.88
    Data Protection Act request - 01/07/06
    Prelim Request - 25/07/06
    LBA - 08/08/06
    Claim filed - 22/08/06
    Acknowledged - 25/08/06
    Defence filed - 25/09/06
    AQ sent 10/10/06
    AQ Received by court 12/10/06
    Copy of RBS AQ received 14/10/06
    Now We Wait ................

    Capitol One MasterCard

    Data Protection Act Request - 15/10/06

    Citi Bank Visa Card

    Data Protection Act Request - 15/10/06

  20. #20
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    Default Re: Dean v RBS

    Looks good to me but since you have started your claim which will speak louder to them than your letter I'm not sure it's absolutely necessary!

    BOS

    Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!
    Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !


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