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.
Hello all........first post. I have just been directed here from the MoneySavingExpert site.
Could anyone tell me where I can find a thread which details how to go about reclaiming bank charges. I need to find out about the whole process and also to get info about the template letters etc.
Thanks all and I hope to get as good a result as some of the others ive seen.
Everything you need to know is in the FAQ and template sections. Have a read through and then you can get the ball rolling. Keep everyone up to date and post any questions in this thread. Good luck!
the sooner you start the sooner you get a result. You can set a PA up later before the going gets tough. Not sure what the RBS' record on closing accounts is, but don't recall many instances over the last 4 months. Not to say that they won't, but you've got 40 days to sort that out once you send in the SAR.
Read the FAQs, copy & paste the templates into word and start cutting and pasting useful clips from people's threads as you see them. Keep up to date with a few threads that are ahead of you so that you know what to expect. The RBS and Cobbetts (or Cobblers), the RBS Solicitors, seem to follow a fairly strict and inflexible pattern to the responses to our requests. Be ready for them so as not to let them take a breath before you come back with your reply.
Time spent on recce is never wasted!!
BC
Big Col
RBS LBA 20/06/06. WON - 21/10/06
MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!
MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!
BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06
Green On!
If the post/advice helps, pse click on the scales!!
POs are more than acceptable, as long as it is made out to the Bank. RBS Tried something similar to me and then gave me the statements for free!! Give your Branch a call and see what they say, most (tho not all!) RBS Branch Staff are quite helpful when approached in a reasonable manner!! Don't ask, don't get!
BC
Big Col
RBS LBA 20/06/06. WON - 21/10/06
MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!
MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!
BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06
Green On!
If the post/advice helps, pse click on the scales!!
Another small issue I was wondering if anyone could clear up for me. On the DPA letter is doesnt actually mention anything specifically about requesting 6 years of statements. Will RBOS automatically know its the last 6 years statments i require or do I have to edit the letter to specifically state this?
Also, ive been reading up some other posts. Can anyone explain to me why sticking to the timeline stated is so important? Can not sticking to the specified timeline jeapordise the action?
Please send to us a comprehensive list of all the charges you have made to the above account within the last 6 years from the date of this letter, showing the date and amount of each charge and a description of what it was for. Alternatively, a complete set of statements for the period will be acceptable. We make this request using our rights under the Data Protection Act.
Additionally, where there has been any event in our account history which has required manual intervention by any member of your staff, or any other person, we require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to our banking business with you.
If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
We are confident you will be well aware that we are entitled to see all data, correspondence and records held on file computer or in relevant filing systems relating and in reference to or about us in order to have an opportunity of remedying any error or false information or erroneous opinions expressed.
Enclosed is a postal order for the statutory maximum fee of £10. Whilst you have a maximum of 40 days in which to comply, we trust you will have no need to exercise this option and will be able to provide the requested data within the next 14 days. ~ Please note that detailed disclosure is required in full and for the sake of good order, please confirm when reverting that nothing has been omitted.
If there is specific information, which you require in order to satisfy yourself as to our identity, please let us know by return. However, please note that the above address is the one which you have always used to communicate with us and which you have hitherto found to be acceptable.
darlingdon. when british gas went into my account on a thursday for money and it wasnt there till the friday,eventhough the bank knew funds would be available the following day, they didnt say oh its okay one day wont matter. NO the 38 charge was slapped on at close of buisness. stick to your timescale cause they stick to theirs. good luck with your claim.
rbos prem letter sent 25th aug 06
give me 10 more days letter received 2nd sept 06
lba sent 7th sept 06
settled in full 7/10/2006
the 40 days is the statutory timescale set out by the DPA legislation. As for the other timescales, these are suggested as 14 days so that we are seen to be giving the Bankss ample time to comply with our requests and not being unreasonable. This will all count in your favour when the Court looks at your case (should it go that far). If you maintain the timescales and keep things on a professional (ie not personal level) footing when writing or speaking to the Bank then you will also have the moral higher ground. Don't lose it with the Bank employees, they are only human and are forced to wear that horrible uniform (nylon, I mean!!). The other benefits about the timescale are:
a. You set the time, you "are in charge".
b. It gives you time to get the next stage ready, just in case, and read the website in order to see what's coming and cut&paste useful letters/comments as required.
BC
Big Col
RBS LBA 20/06/06. WON - 21/10/06
MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!
MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!
BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06
Green On!
If the post/advice helps, pse click on the scales!!
the only stupid question is the one that doesn't get asked. It is easy to miss stuff on the site as there is soooo much info. I always have a word document open with a blank page ready to cut and paste stuff so that I don't forget it or can't remember where to find it again. You don't have to use the stuff, but at least you can then cut and paste without being online later on.!!
BC
Big Col
RBS LBA 20/06/06. WON - 21/10/06
MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!
MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!
BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06
Green On!
If the post/advice helps, pse click on the scales!!
OK people................tod ay is D-Day and I am cr@pping myself! Sent away my DPA letter this morning so thats the ball now rolling :o
I ahve a couple of wee general questions I was wondering if someone could answer:
1) I expect my charges to be at least a couple of thousand pounds. I am aware that through the small claims court I can claim up to £750. Is there any particular way which is best to break down my charges into £750 chunks............i.e. by date, by type of charge etc?
2) In the event that this does actually go as far as court.............is it the case that i would have to stand up and argue my case? If this is true it worries me. I have no real legal knowledge at all and i assume they would have a lawyer.
Thanks people.............the advice and encouragement I've had from members on here has been amazing! Cheers.
1. Are you in Scotland? If not then MCOL 'limit' for Small Claims is £5000 before interest. If north of the border, then yes chuncks of £750 seems to be the way forward, best thing to do is check out some of the other threads based in Scotland (sorry I can't be more help).
2. Court-wise, the general feeling is that the Banks do not want to go to Court and recieve adverse press and legal rulings. However, there is an expectation of a test case against somebody at some time. Until that first test case hits the world, don't worry about it too much. There is also the Court Buddy system operating on CAG. Just keep reading and getting to recognise the Bank's way of dealing with us. If you spot anything different or out of the 'ordinary' then blow it to the world for advice, guidance and warning to others. That's the way we operate, mutual trust, advise and respect....
And anyway, if you've just posted your DPA (hopefully to your Branch, and recorded delivery) then you have got months of process to go through before you get near a court!
Bon Oeuf!
BC
Big Col
RBS LBA 20/06/06. WON - 21/10/06
MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!
MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!
BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06
Green On!
If the post/advice helps, pse click on the scales!!
I currently have an overdraft with thebank. Is it likely they will remove my overdraft facility if i start proceedings?
I sent my DPA the other day.
Thanks
14/09/2006 - Data Protection Act letter sent to my bank.............here goes
28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000
04/10/2006 - Prelim letter sent for charges of £2037
I haven't seen this happen yet but have seen in cases where A&L have tried closing an account where they rang Financial Ombudsman who advised that the banks couldn't do this, you could always call them and ask them and tell them you are claiming back bank charges and see what they say. Good Luck.
My advice is only my opinion, I am not a legal expert.
IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.
DaringDon Vs RBOS
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