Thread: Help me please!

I am taking care of the bank claims for my Mum because she is good at spending money but not at getting it back.

Before I left the country in October last year I had made a request for the statements from my Mum`s account. When I left she let a family friend take over proceedings, which ofcourse consisted of sending a letter stating how much she wants back (charges + interest) when the case is over.

Unfortunately my Mum`s friend did not follow the template despite me telling her several times to. She is generally capable at getting things sorted but I don`t think she appreciates the legal nature of this and how important it is to have everything spot on.

She sent them a handwritten letter basically saying you owe us this much money and we intend to get it back. I will try and get a copy of it but basically everything was written in layman`s terms. She gave it to her friend in the bank and we received a generic reply about the ongoing case and that our claim had been notedetc. While I suspect that this is the same letter everyone else has got I am terrified that when it comes to actually claiming the bank will look back at her letter and prove that through some reason or another it wasn`t worded properly and is invalid.

I don`t know what to do because if I send the template letter now it could confuse things and potentially start the 6 year roll back from now. We are talking a claim of over * £10,000 and so I think the bank will try every trick in the book not to pay it.

What do you think I should do? I`m extremely anxious about this. I will try to get the original letter that she sent. Thanks

Hi, thanks for your reply and sorry for putting it in the wrong section. The bank is the Royal Bank of Scotland.

Given your experience, just saying that I don`t need to worry has relieved some anxiety! May I ask why I shouldn`t worry about it? My concern is that I want to `keep` the date that letter was sent as the 6 year roll back date. (Also the letter wasn`t sent recorded although she still has the original and obviously they sent their generic reply).

The letter before action template claims that they have failed to respond to my first letter, but they haven`t! They have responded and said that they acknowledge my letter and have put everything on hold while the test case is on. My other concern is that they might `acknowledge` my first letter but when it comes to court they may acknowledge it as a worthless piece of crap!

From what I recall (and I will get a copy of the letter soon to confirm), the letter sent after the SAR is along the lines of the Preliminary Approach for Repayment as far as it says you owe me this much and I want it back. However, it does not mention specific laws and I have not checked the figures myself. What should I do? Thanks again for the help, just knowing someone is out there who knows about it relieves the stress a bit. I am furious at the woman taking care of it because I told her to follow the templates and she just ignored me.

She gave it to her friend in the bank and we received a generic reply about the ongoing case and that our claim had been notedetc.

As long as the bank have acknowledged the claim, you'll be ok.

My concern is that I want to `keep` the date that letter was sent as the 6 year roll back date.

The fsa waiver 'stopped the clock' on 27th July 2007, which means you can still claim from now back to 27th July 2001.

If you want you can send them a letter to update your claim with any additional charges incurred since your original letter

Thanks Michael. As far as I know, no additional charges have been incurred since the original letter. If they have they will pale in comparison.

Surely the letter I sent them has to specify things in detail? If them simply acknowledging the claim was enough then there wouldn`t be advice on here to send the `penalties to UTCCR amendment`?!?

What would you guys advise me to do next? Thanks again for the help

Surely the letter I sent them has to specify things in detail?

Ideally, yes, but a claim in laymans terms is ok,especially as they have acknowledged the claim.

If them simply acknowledging the claim was enough then there wouldn`t be advice on here to send the `penalties to UTCCR amendment`?!?

That was mainly aimed at people who had already filed at court and therefore would need to amend their POC's in light of the OFT test case ruling that the charges were not penalties.

Great, you`ve really taken some of the weight off my shoulders. So should I just send the letter before action letter next to get on with getting my claim in the court `queue`? If so, should I amend it to say that while they have replied, the reply has not been satisfactory (because they are not refunding me)?
Also, should I check the figures quoted in the first letter are correct and if so how should I forward the amendment. The figure is roughly 30k plus about 5k interest so if a small recalculation won`t matter when it goes to court then I guess there`s no need to complicate things by doing it now?
Thanks again for the (amazingly quick) replies.

So should I just send the letter before action letter next to get on with getting my claim in the court `queue`?

By all means send them a letter re-iterating the claim, if necessary with amended figures, but with a claim of £30k, court fees will be £360 and is likely to be fast track or multi-track, where you could be liable for costs of the other side. Can you afford/risk that?

apologies for asking but is it a business or personal claim?
How much is it with charges alone excl. interest?

Originally Posted by Michael Browne

with a claim of £30k, court fees will be £360 and is likely to be fast track or multi-track, where you could be liable for costs of the other side. Can you afford/risk that?

Do you mean because it is a big figure it will be fast-tracked to the front of the queue to court?! When you say can I afford it, do you mean if I lose the case I will have to pay a **** load of money?! I will be devastated if I`m scared out of claiming. We certainly can`t afford it because someone in my family is extremely ill and is having to pay for a lot of private treatment. Also, is it not possible that after the case I will know virtually for sure that I am entitled to the money?

It`s a personal claim by the way. Apparently it`s roughly 30k charges plus 5k interest. Unbelievable, I know.

Originally Posted by Porthos

Do you mean because it is a big figure it will be fast-tracked to the front of the queue to court?!
No, county court claims are divided into 3 tracks - small claims up to £5000, fast track £5000-£25000 and multi-track up £100,000
When you say can I afford it, do you mean if I lose the case I will have to pay a **** load of money?! Exactly that

I will be devastated if I`m scared out of claiming. We certainly can`t afford it because someone in my family is extremely ill and is having to pay for a lot of private treatment. You are already claiming and has been acknowledged by the bank

Also, is it not possible that after the case I will know virtually for sure that I am entitled to the money?

Yes, things should be clearer come October with the appeal judgement from the House of Lords, but that's only the beginning of stage 2

When you say can I afford it, do you mean if I lose the case I will have to pay a **** load of money?! Exactly that

That is wounding. Is there a lawyer I can get to take the case on a big cut provided he takes any losses if he/she loses?! I can`t bear the thought that the people the bank screwed the most are the ones who are least likely to claim because of the potential costs of losing.

I will be devastated if I`m scared out of claiming. We certainly can`t afford it because someone in my family is extremely ill and is having to pay for a lot of private treatment. You are already claiming and has been acknowledged by the bank

Yea but I can still stop the claim at any point, I`m sure the bank wouldn`t mind! Given what you`ve said about the costs of losing, I don`t know if I can risk it. It`s bloody annoying considering my fear is not they are right but that they have slimy high-brow lawyers who can work their way out of anything.

What could be the approximate maximum cost of losing? Do you guys think I should go for it? Thanks

Originally Posted by Porthos

I can`t bear the thought that the people the bank screwed the most are the ones who are least likely to claim because of the potential costs of losing.The vast majority of claims are less than £5000, therefore are small claims track where, win or lose, there are no risks of costs
Yea but I can still stop the claim at any point, I`m sure the bank wouldn`t mind! Given what you`ve said about the costs of losing, I don`t know if I can risk it. Issuing the claim would cost you £360, but it would be stayed because of the OFT test case. If the decision went in the banks favour, then yes, you would be able to discontinue the case, but the banks could still claim wasted costs.

What could be the approximate maximum cost of losing? Do you guys think I should go for it?

I would sit tight. Your claim is registered with bank, if they lose the test case they will have to deal with your claim just as if you had issued a claim at court

K, will do. Thanks for your help everyone!

so basiclly how this works is all the charges for unauthorised overdraft is what you can claim back or is it other charges also?

Arghh, gutted about the case now. What shall I do next? I never applied to court because I received a letter from RBOS confirming acknowledgement of my claim and that it was put on hold.

Should I follow the instructions here? The Consumer Forums - Announcements in Forum : General
My two concerns are:

1: The original letter that was sent on my Mum's behalf probably didn't mention a specific clause that was violated (as the above template says you should refer to).
2: It sounds like it's not going to be clear cut in court and you guys have told me it could cost a lot to lose in court on a £30,000 claim!

Porthos,

I would let the dust settle about yeterday's terrible decision and let the legal begals sort out the judgement and what it means to all of us, then amend your claim to suit.

Thanks, I'll do that. I know when I go to court they are gonna fight it into the ground, given that it is one of the largest claims that I have ever seen.

Is there a danger of my claim lapsing between the time the OFT lost and whenever these templates are going to come out? I feel quite nervous just leaving everything as is :s