Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

WillowB v RBS*****another WINNER ****


Guest willowb
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1848 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Guest willowb

Hi there! I'm a bit of an internet numpty! and am finding it difficult working out exactly what I should be doing. I've been advised to start trying to claim charges amounting to nearly £1,000 back from my closed RBS account but I don't know where to start! can anyone please help me and point me in the right direction?? i.e., an initial standard letter or form etc???

Link to post
Share on other sites

  • Replies 207
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

There is a library of letter which you can use

Bank templates library:- http://www.consumeractiongroup.co.uk/forum/

You will need to register first though. I started with letter 1, which is a 'Data Protection Act Disclosure Request', asking your bank to provide a complete list of failed direct debit charges. (upto 6 years ago). They have 40 days to fulfill the request. This will cost you a tenner. I was apprehensive at first, but the forum has given me bravado.. so im delivering my letter tonight...

 

Good luck dude

Link to post
Share on other sites

Guest willowb

Thank you, I've been looking.....it's falling into place slowly....I'll go and find those forms etc.....thanks again!

Link to post
Share on other sites

Guest willowb

I've found the dpa form...thanks! Now, do I send this to my local branch or to customer services in Edinbugh? and how long do you think it takes etc? should we send it recorded delivery?????:confused:

Link to post
Share on other sites

  • 1 month later...
Guest willowb

Hello again!:) Well I received all our statements this morning and have just finished totaling all the charges from when we joined in October 2001 until now....

 

Total interest charged = £393.95

Total standard monthly o/d charges = £384.32

 

and wait for it!.......

 

Total other charges = £2,316.00:eek:

 

I couldn't believe it, I'm in a state of shock!

 

Thing is, I don't know what I can claim for, all £3094.27? or just the excessive charges or all charges but not the interest???:confused:

 

Can someone please help me, I'm sorry I know you probably have posted all this is some thread or other but I'm that confused right now I need some personal guidance:(

 

They are still charging us over £100 every month and the account has been frozen. the sickening thing is that we owe them less than they have charged us over the years. Which means, if we hadn't incurred those charges we wouldn't have gone so much o/d in the first place!:mad:

 

 

Please, can someone help me??? PLEASE?:(

Link to post
Share on other sites

I suspect the reason for your confusion is that you haven't yet read all the threads relating to your claim. You have to take the time to do it you self, so that the

Bank or thr Court [if it gets that far] cannot reject your case because you have

gone wrong along the way. Also.the more info you have, the more able you will be to defend yourself.

This forum now has 20,000 members all probably in not too dissimilar positions to

you at the outset. If all of us kept asking the same questions as you, which are

explained on the site [there is even a Scttish section], the moderators would have to work 24 hours a day here.

Surely to get your money back [and revenge] it is worth spending some time on the site?

There is a section called faqs [frequently asked questions] with a subsection on

faqs as well. Try those and follow Dave's instructions to get the most out of the

site. The quicker you understand what's involved, the quicker you get your money back. In the longer term, you will gain more from learning yourself, than getting

bits and pieces via your posts.

Link to post
Share on other sites

Guest willowb

Thank you for kicking my butt there! Like I wasn't having a bad enough day!:(

 

But thank you for the advice! I have been searching through some faqs (with 2 children screaming around my feet, this is difficult!! LOL) Anyway, I have printed off the 'asking for it back' letter and will be sending a personalised version off to the RBOS.

 

It's a bit daunting to think that it may go to court but if that's what it takes then? Blimey, I must find out how much that will cost first hey!

 

Can I just say thank you to all you hard working moderators etc....well done!:)

I will be buying stuff through Amazon and buying an email address in time.....I know that it will all help!

Link to post
Share on other sites

Guest willowb

I've just bought the small claims law pack and am preparing myself mentally for this now.

 

Thank God we all have this place to help and guide us! :) I've been reading through some of the experiences of people here and it really is sickening that financial insitutions have been getting away with ripping people off for so long. Don't they know that this kind of debt can ruin lives? When I say they, I mean the fat cats that take the cream!:-x RAAAAAAAAAAAAAAAAAA

 

People are still frightened of taking them on though, I can understand that:sad: but it's necessary.........watch this space!!!;)

Link to post
Share on other sites

Guest willowb

Just one thing though!:confused: I'm a ninny at maths so, the interest?

 

It says in the faqs that we need to calculate a daily interest of 0.487%.....is this for the full amount oustanding to date?

 

And, from 'the date that money became owed to me'......is that the date we incurred our first charge? And then, everyday until now??

 

D'OH......it's very confusing, to me anyway. Can anyone help?

Link to post
Share on other sites

Guest willowb

Errrrm....sorry to be a pain:( But I'm still struggling with how to work out the interest. I really want to get this letter out by tuesday but I can't until I work out the figures.

 

PLEASE! can anyone with a bigger brain than myself (not hard really!!!) tell me exactly what I should be doing. What's really puzzling me is, should I be charging a daily rate of interest on the 'full amount' outstanding for every day that we started to incur the charges? Or should this be done on a month by month basis? I just don't know:confused:

 

 

Please....someone???:(

Link to post
Share on other sites

the daily rate of interest and the 8% cannot be added to your claim until you have filed a court claim, the only interest you can claim for is interest they have charged you on their charges and not you overdraft (unless it is made up entirely of charges) please have another read of the FAQ`s. just to be certain of what you can and cannot claim for.

LLOYDS TSB

DPA: REQUEST SENT: 11-04-06

RECEIVED 28-O4-06

PRELIM LETTER SENT: 04-05-06

RECEIVED SOD OFF:06-05-06

Link to post
Share on other sites

  • 3 weeks later...
Guest willowb

Hi all!!:)

 

Thanks Knobby1 for the advice, I got so muddled with it all that in the end I just claimed for the charges:confused: I hope that was ok....anyway.....

 

Well, I sent my Lba off on the 6th of June. I got a letter back today saying something like 'sorry that you are not satisfied with the service...blah...blah....I will be contacting you within 5 days when I have looked through your statements' etc etc...

 

what should I expect?? a phone call? another letter?

 

The 14 days isn't up yet so should I hold on before I claim through the courts or send another Lba. And, if I haven't received any contact within 5-7 days then do I go straight into action?

 

My brain is fryed....sorry to be a pest!

 

I've got the small claims pack so at least I'll know what I'm doing then:cool: ......or maybe not :rolleyes: LOL

Link to post
Share on other sites

you have given them 14 days to reply i would sugest that if they have said that they will contact you in 5-7 days that this is not a final response from the bank so wait till the 14 days are up, that will take you up to the 30th. plenty of time for them to send you your "were not giving you your money back and this is our final resonse letter!!!".

 

good luck with your claim.

LLOYDS TSB

DPA: REQUEST SENT: 11-04-06

RECEIVED 28-O4-06

PRELIM LETTER SENT: 04-05-06

RECEIVED SOD OFF:06-05-06

Link to post
Share on other sites

Guest willowb

Thank you for that, I'll take your advice and wait until the 30th or until I get a response from them.

 

I'll let you know what happens.

 

I hope all is going accordingly with yourself Knobby1:)

Link to post
Share on other sites

  • 2 weeks later...
Guest willowb

hello folks.....

 

Well I received another letter the other day, which informed me, very politely that I had to wait another 2 weeks for a response.

 

the first letter stated 5 days, but infact I had waited 2 weeks, now they want me to wait another 2 weeks!!!:mad:

 

I have typed them a letter saying that unless I receive a satisfactory response from them within 7 days then I'll take action, is this ok? They have had a month so far to respond.

 

The letters were signed by different people with different titles and they have cleverly left off the dates......dodgey *******:mad: Is this the norm???

Link to post
Share on other sites

Hi Willow

 

Stick to your timetable, not the banks.

 

Use this Timetable as I see you have already calculated your charges and sent your letter of refund charges :-

 

1. First Letter requested FULL repayment of Charges plus interest (now this point is debatable but I did this myself without any consequences) I also added the 8% stating that if it went to court I would be entitled to claim this under s69 of the County Court Act 1984 and that this interest would increase daily and it was in their interest to pay the FULL amount now to avoid incurring further costs. (they use this statement themselves, I just give it back both barrels :) ) Allow 14 Days

 

2. If no response or no Satisfactory response in 14 days, sent Final Demand Letter requesting full payment and stating they have a further 14 days after which, the will receive no further communication from you and you will pursue the matter through the County Court. Allow 14 Days

 

3. No satisfactory response, fill out online claim form at www.moneyclaim.com

use the Claim Text from this link : http://www.consumeractiongroup.co.uk/forum/bank-templates-library/634-guide-notes-completing-moneyclaim.html

 

The Cost of this to you will be £120 Add this into your final claim amount and also add the £100 it will cost you to fill and return the allocation questionnaire when you get it if it goes that far. The Bank will have to first acknowledge the claim, then file a defence, this will take a few weeks, in this time you should gen up on what you might need if you go to court, you will get help here with this at the time. Hopefully before it gets to court the bank will make you a satisfactory offer, do not settle for anything less than the full amount, but do remove any costs you don't incur if they offer a settlement before you return the Allocation Questionnaire.

 

For a quick view of how a claim might go check my thread here.

 

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/1346-rebel-barclays-settlement-imminent.html?highlight=Rebel

 

Rebel

vs Barclays Bank plc - £1670+interest @ 8% + Costs Concluded 24th June 06 - 5% donation sent

vs Bank of Scotland - £2226.42+interest @ 8% + Costs SETTLED IN FULL 6th Aug INCLUDING 8% pre court.

Link to post
Share on other sites

Guest willowb

Hi Rebel:)

Gosh thanks for all that, yes I do believe that I have given them enough time....

 

I have a letter waiting to send telling them that I will give them 14 more days within which time I expect a response. That takes me to the 10th of July, over a month since I posted the LBA, that is giving them enough time I think???

 

Thank you for your support and indeed to everyone who's replied to my ramblings!!!LOL

Link to post
Share on other sites

  • 2 weeks later...
Guest willowb

Well.....it's crunch time!!!:o

 

I am about to make my claim through the courts. I got the standard letter today stating that they are opposed to the office of fair trading's findings....they think that they have charged me in a fair and transparent way...BLAH BLAH BLAH:mad:

 

So, here I go......although, I've been trying to use the spreadsheet to calculate the interest on the charges (so that there are no mistakes made on my end) and I just can't work out what goes where......can anyone who has used this template give me some clues please?????

 

Thank you

WX

Link to post
Share on other sites

willow,

 

the spreadsheet is pretty straightforward, simply overtype in the cells with your own data, ie, charge type, then amount, then date incurred using the date format already shown the days of offence and interest are worked out for you by the formula already imbedded. If you need more cells than are formatted, simply copy/paste the cells already formatted, below the last used cells and the formula will auto adjust to represent those cells.... if that makes sense lol

 

best

 

Rebel

vs Barclays Bank plc - £1670+interest @ 8% + Costs Concluded 24th June 06 - 5% donation sent

vs Bank of Scotland - £2226.42+interest @ 8% + Costs SETTLED IN FULL 6th Aug INCLUDING 8% pre court.

Link to post
Share on other sites

Guest willowb

Thanks Rebel, I've completed my spreadsheet!!!! phew!!!

 

Anyway, just one question.....I know that we've been warned about not charging for the std monthly charges and I haven't..... BUT..... I have accounted for the £40 referral chgs and the £30 charges to the account for going over my overdraft.....I presumed this was right but now I'm not so sure.

 

What do you think?

Link to post
Share on other sites

Yup,

 

Referral, overdraft, excess overdraft, overdraft interest (assuming the charges equate to forcing you into excess overdraft or overdraft, hard to calculate but assume them anyway) fees for letters overdraft fees are ALL reclaimable. Only things like the charge for using a certain type of account ie Additions, are not claimable.

 

Rebel

vs Barclays Bank plc - £1670+interest @ 8% + Costs Concluded 24th June 06 - 5% donation sent

vs Bank of Scotland - £2226.42+interest @ 8% + Costs SETTLED IN FULL 6th Aug INCLUDING 8% pre court.

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1848 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...