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.
;) if i have helped in anyway then please! click the scales ↑
Posts
372
countrybake v rbos
Hi al i am now going for it
just a few questions though.
1/ i have kept all of my statements from when i opened my account in 1997 to now so do i still need to ask for the charges occured with £10 letter.
2/ can i claim back further than the 6 years because i do have the statements, and they are not required to send statements past the 6 years, or just easier for the first 6 years for the first payout.
3/ confusion on my charges i have a royalties gold account now and the charges are £15 / month but done as a £12 and a £3 charge seperately and if the account has had charges these would change for example the last statement £40 and £13.60 can the excess of £28 and £10.60 be claimed back.
4/ in the early months of last year i was in trouble had loads of charges and i phoned to have the charges took off i had £1100.00 worth took off could i say this was for charges prior to the august 2000 charges which i have a few or could they say no this is off this claim which is £3,500 plus £500 interest total £4,000.
sorry for so many questions but i want to get it right thanks in advance
countrybake
Hi countrybake,
Hope to help a bit with your queries if pos,
so, by the numbers:
1/ If you have a complete record of your charges, then you don't need to send away for any duplicates and you're already one step ahead - just that most of us tend to have a month missing here and there, or throw our bank statements in the bin in disgust/despair as soon as we get them.
So, what you need to do is - get them in date order and check through to make sure no statements are missing, use a highlighter to mark all the charges (including monthly service ones - mark beside these the excess amounts the bank has charged over and above your usual monthly charge).
2/ Initially only claim for the previous six years, (five in Scotland), as charges further back than this come under the statue of limitations - there may be a route to claiming these back but it would be far more complicated and as far as I know hasn't been tested yet - see faqs
3/You can't claim the monthly charges on. for example, your Royaties Gold ac as these are agreed service charges, but you can claim back the excess penalty charges the banks apply on top of them and which they try to disguise by taking at the same time - see point 1/
4/This is an interesting point! If the problems and refund had happened a few years ago (like 5) rather than last year then you might have been able to link them to charges occurring outwith the period covered by the statute of limitations, as it is I think you would come unstuck rather quickly if you tried to claim this!
So, once you've got all your highlighting done (or at the same time) enter all the charges in the spreadsheet template you'll find in the same library as the form letters
-if you haven't got excel, or you use linux :grin: , download openoffice (openoffice.org) and use calc - it's completely free, unlimited and better than M$ Office in lots of ways. This will give you a grand total including interest at the judicial rate (8%) - enter your refund received at the appropriate date (as a negative figure) and the spreadsheet will automatically adjust the total and interest due. Save a copy of this and then delete the interest calculations - giving you a total of charges without the interest added - save a copy of this, called something else
It is this second copy that you print out and send to your local bank tomorrow together with your preliminary letter asking for your charges to be refunded.
They will then give you the runaround -but come back to the forums for more info;-)
Have fun!
I think that you'l find that the royalties gold account fee is only £12. The premier account is £15.
if they are charging you £12 +£3 then the £3 is for something else! have you subscribed to any other deals?
Dave
** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **
see you stand like greyhounds in the slips,
Straining upon the start. The game's afoot:
Follow your spirit; and, upon this charge
Cry 'God for Harry! England and Saint George!'
If you think I have helped, informed, or amused you do the clickey scaley thing !!
;) if i have helped in anyway then please! click the scales ↑
Posts
372
Re: countrybake v rbos
Thank you very much penquinabuser you have taken such a long time on this for me much appreciated and thanks once again. one question is about the charges on spreadsheet do i include the interest at the prelim letter stage or just the charges.
and also the best address for the prelim stage.
davefirewalker thanks for your response also i started off paying £9 / month for the just royalties back in 97 and it went up to £10 / month @ sometime but there has always been a double charge carn't get my head round this one
and now it is the £12 and £3
yeah I was on the Royalties gold.. 9 then 10 now 12. phone your branch and ask them what's the £3 for......seems V Strange.
Dave
** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **
see you stand like greyhounds in the slips,
Straining upon the start. The game's afoot:
Follow your spirit; and, upon this charge
Cry 'God for Harry! England and Saint George!'
If you think I have helped, informed, or amused you do the clickey scaley thing !!
Ive never seen this! it cant be doing its job if you have overdraft charges
Dave
** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **
see you stand like greyhounds in the slips,
Straining upon the start. The game's afoot:
Follow your spirit; and, upon this charge
Cry 'God for Harry! England and Saint George!'
If you think I have helped, informed, or amused you do the clickey scaley thing !!
About the interest - send the spreadsheet showing only the charges with your prelim letter, but you could adjust the last line of the prelim template to something like :-
"After that there will be no further communication from me and I shall issue a claim at the expiry of the second deadline for the full amount of the charges plus interest at the judicial rate of 8% from the day they were imposed."
Best address is probably your local branch or wherever you have/had your account.
What's the total if you've done it? - bet it's more than you could ever believe!
yeah mine was £5200......!!!! with about another £1200 in interest
prelim sent and acknowledged, charges fair + reasonable...etc lba SHOULD have gone today but away on hols from this sunday(20) so I'll send it fri. Start court stuff when I get back. Should be interesting.
Dave
** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **
see you stand like greyhounds in the slips,
Straining upon the start. The game's afoot:
Follow your spirit; and, upon this charge
Cry 'God for Harry! England and Saint George!'
If you think I have helped, informed, or amused you do the clickey scaley thing !!
;) if i have helped in anyway then please! click the scales ↑
Posts
372
Re: countrybake v rbos
i have now got the month of statements i kept asking for so i sent off the prelimary letter for 3.5k on the 13/9/06 they recieved it on the 14th so they have till 28/9/06 before the lba letter
but the original S.A.R sent on 9/8/06 recieved 11/8/09 40 days up on 20/9/06 tommorow so i will send the LBA letter regarding the S.A.R none compliance court action tommorow.
SETTLED CASES
LTSB (CC) £20 21-8-06
HSBC (CC) £600 19-10-06
HSBC (Ac) No.1 £1900 25-10-06
RBS (CC) £900 25-10-06
Smile (Ac) £1300 17-11-06
A&L (Ac) No.1 £400 23-11-06
A&L (Mortgage ERC) £3900 4-12-06
LTSB (Ac) £200 13-12-06
A&L (Ac) No.2 £120 19-12-06
HSBC (Ac) No.2 £650 29-12-06
LTSB (Business) £1700 13-2-07
RBS (Ac) £4500 + Default Removal 17-3-07
Barclays (Bus) Warrant of Execution 10-3-07 not used yet
ONGOING CASES
Egg (CC) N1 Filed £1300 + Default Removal Judgment Order 9/1/07 In my Favour
Barclays Business loan & 2 accs. S.A.R N1 filed Judgment in Default isued 15/2/07
;) if i have helped in anyway then please! click the scales ↑
Posts
372
Re: countrybake v rbos
an udate
today i have received a letter from Green & Co solicitors acting on behalf of RBS saying they are going to commence with proceedings angainst me for 2k, now they owe me 3.6k in ilegal penalties and i have yet to send them the lba letter on the 28/9/06, what should i do
1/ tell them i am disputing it
2/ tell them i will dispute this when you take it to court
3/ tell them i will be taking them to court in October anyway if they have not paid up by then.
4/ ignore it
5/ arange a payment plan in the meantime
any advice would be very helpfull
SETTLED CASES
LTSB (CC) £20 21-8-06
HSBC (CC) £600 19-10-06
HSBC (Ac) No.1 £1900 25-10-06
RBS (CC) £900 25-10-06
Smile (Ac) £1300 17-11-06
A&L (Ac) No.1 £400 23-11-06
A&L (Mortgage ERC) £3900 4-12-06
LTSB (Ac) £200 13-12-06
A&L (Ac) No.2 £120 19-12-06
HSBC (Ac) No.2 £650 29-12-06
LTSB (Business) £1700 13-2-07
RBS (Ac) £4500 + Default Removal 17-3-07
Barclays (Bus) Warrant of Execution 10-3-07 not used yet
ONGOING CASES
Egg (CC) N1 Filed £1300 + Default Removal Judgment Order 9/1/07 In my Favour
Barclays Business loan & 2 accs. S.A.R N1 filed Judgment in Default isued 15/2/07
As you have sent the prelim asking for your money the account is in dispute.
They cannot chase this money at the moment.
Write back to the solicitors and tell them the account is in dispute and has been since 13/09/06, and as such they cannot pursue you for the monies.
Stick to your timetable (don't rush it)
I would also inform them that as the money the are chasing is made up of unlawful charges any such action against you will be vigourously defended.
Dave
** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **
see you stand like greyhounds in the slips,
Straining upon the start. The game's afoot:
Follow your spirit; and, upon this charge
Cry 'God for Harry! England and Saint George!'
If you think I have helped, informed, or amused you do the clickey scaley thing !!
;) if i have helped in anyway then please! click the scales ↑
Posts
372
Re: countrybake v rbos
hi all today they failed to provide my S.A.R. lba letter so off to court to file the papers on friday and also i will be sending my LBA for the bank charges tommorow
SETTLED CASES
LTSB (CC) £20 21-8-06
HSBC (CC) £600 19-10-06
HSBC (Ac) No.1 £1900 25-10-06
RBS (CC) £900 25-10-06
Smile (Ac) £1300 17-11-06
A&L (Ac) No.1 £400 23-11-06
A&L (Mortgage ERC) £3900 4-12-06
LTSB (Ac) £200 13-12-06
A&L (Ac) No.2 £120 19-12-06
HSBC (Ac) No.2 £650 29-12-06
LTSB (Business) £1700 13-2-07
RBS (Ac) £4500 + Default Removal 17-3-07
Barclays (Bus) Warrant of Execution 10-3-07 not used yet
ONGOING CASES
Egg (CC) N1 Filed £1300 + Default Removal Judgment Order 9/1/07 In my Favour
Barclays Business loan & 2 accs. S.A.R N1 filed Judgment in Default isued 15/2/07
;) if i have helped in anyway then please! click the scales ↑
Posts
372
Re: countrybake v rbos
got a bogoff letter today so roll on the 13/10/06 to file the money claim with interest
but i carn't do it until the 16/10/06 due to annual leave next week
SETTLED CASES
LTSB (CC) £20 21-8-06
HSBC (CC) £600 19-10-06
HSBC (Ac) No.1 £1900 25-10-06
RBS (CC) £900 25-10-06
Smile (Ac) £1300 17-11-06
A&L (Ac) No.1 £400 23-11-06
A&L (Mortgage ERC) £3900 4-12-06
LTSB (Ac) £200 13-12-06
A&L (Ac) No.2 £120 19-12-06
HSBC (Ac) No.2 £650 29-12-06
LTSB (Business) £1700 13-2-07
RBS (Ac) £4500 + Default Removal 17-3-07
Barclays (Bus) Warrant of Execution 10-3-07 not used yet
ONGOING CASES
Egg (CC) N1 Filed £1300 + Default Removal Judgment Order 9/1/07 In my Favour
Barclays Business loan & 2 accs. S.A.R N1 filed Judgment in Default isued 15/2/07
countrybake v rbos
because i do have the statements, and they are not required to send statements past the 6 years, or just easier for the first 6 years for the first payout.
Reply With Quote
Re: countrybake v rbos
), as charges further back than this come under the statue of limitations - there may be a route to claiming these back but it would be far more complicated and as far as I know hasn't been tested yet - see faqs 
If the problems and refund had happened a few years ago (like 5) rather than last year then you might have been able to link them to charges occurring outwith the period covered by the 
!
If you think I have helped, informed, or amused you do the clickey scaley thing !! 
