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, I wonder if anyone would be able to help me? I have a Graduate Royalties account with Royal Bank of Scotland. It has a £2000 overdraft facility, which I am deeply into. I have not been in credit for some time, having previously had a student account which upgraded to the graduate account.
This morning I discovered I was charged on friday £105 for 'card misuse', which was a combination of a cheque and a debit card transaction taking me over my limit. (Even though I put in more than enough money to cover them the following day) Having suffered these charges regularly over my account history I am fed up of putting up with them and would like to take some action. I would estimate I have paid a few thousand in charges over the years (which would easily pay off my overdraft!).
I am worried however, that as I am currently well into my overdraft and my credit history is not good, I will not be able to get another bank account. Is it worth trying to claim back these charges, or will the bank simply withdraw my overdraft and close my account, consquently leaving me with no bank account and no money?
Sorry its all a bit long winded! Any help would be gratefully received.
no, dont worry about your account being closed.
Thats very unlikely to happen.
I'm not so sure about that :-| It would be a good idea to get a parachute account just in case. Natwest do a basic account and so do Intelligent Finance I believe.
start off by getting your statements and adding up your charges .
Yes, you will probably be shocked to find out just how much you are owed
Hello everyone... have spent everyday for the last week on here reading all the threads I can! Still waiting for my statements at the moment. I know the bank had my request letter over a week ago as I spoke to somone on the phone the day they got it. Do they usually wait the whole 40 days before sending them out? Seems like forever!! I've checked my online statements for the last 6 months and they've charged me £653.30 during that time alone. How do they think I'm ever going to pay off my overdraft if they're keeping me in debt all the time, grrrr . Just because they are holding my money, what gives them the right to dip into it as and when they please?
Also, it amazes me how they can justify the length of time they take to clear cheques as well, there is no where else in Europe that takes as long to clear a cheque, whilst here in Britain the banks hold on to our money for as long as possible in order to make themselves as much money as possible.
Sorry for ranting....I'm soooo p***ed off today, I really, really need my money back and can't see the light at the end of the tunnel at the moment . I know everyone is in the same boat here and am grateful for support and guidance.
Call them and tell them you are shopping around for a mortgage, and need to have all financials together in order to compare the best rates, your financial history ect;
therefore could they kindly fax or email statements to you asap.
They seem to drag their heels if they think its for reclaiming charges.. tell em its for something else I am sure you will recieve them asap
Oh, thats a good idea, thank you! Although I'm sure they'd just laugh at me if they thought I was looking for a mortgage with my credit history...any other good excuses?!
just call your Branch again aksing for an update, nost of us got our statements after a few calls. It will take them about a week to produce 6 years worth of statements, don't panic and don't try and rush things you'll only make a mistake. If you have some statements, start looking back at them and filling in one of the spreadsheets in the Library. Have a look through the library and copy all of the relevant spreadsheets and letters, you can put some of your details in them as preparation. I also found it useful checking through other threads and cutting and pasting useful paragraphs into a blank word document for use at a later stage. Do as much preparation and reading now as it will pay off later. Time is on your side but the RBS and their solicitors will do everything to make you wait until your deadlines are up. I started with my DPA Request on 19 Apr and Cobbetts have just entered a defence following my MCOL claim. You could expect this to take 6 months, but the interest and claim is just counting up in your favour!
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!!
Thank you for your sound advice BigCol....I needed that to calm me down, and doing all you suggest will give me something to keep me focussed. I'm not good at sitting and waiting (probably why I got myself in financial difficulties in the first place!) It just all makes me so angry... *deep breaths*...
I shall give the bank a quick call now to check whats happening - remembering to keep calm and polite , hehe.
I was exactly the same at the start, it's all new and you just focus on the end-state. Unfortunately it takes time, but you are acting in good faith and with the law behind you (as well as everyone else having a damn good go at the banks).
Every time I get a letter or some communication or a deadline looms i still get butterflies, I check on a few threads that I've subscribed to and see that the Bank, just like us, is sticking to its own timetable and standard responses. You will get a letter stating that the Ts&Cs are lawful, that the OFT ruling does not apply and that you have no recourse, you will send you next letter off at the designated time and get a standard response, you will more than likely have to start an MCOL (assuming you are in England/Wales) and you will get a defence filed at the 11th Hour by Cobbetts (they are making a packet out of the RBS!!). All of this has been seen before and answered, most of the info is there already, cut and paste now and get prepared but don't get tempted to move things along any quicker, you will only have an adverse effect.
You will get your money back, and that is all that you should concentrate on!!
Oh, by the way, I haven't had a stable address/credit history due to my job and I managed to start an on-line account with A+L that gives you a free £250 overdraft on opening as long as £500 passes through the account in a month. IF your partner wants to try that, you could PM me and I could send you details so that 'we' can get an extra £25 out of A+L too!!
Keep smiling!
BC
x
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!!
Lots of planning involved then - all will keep me busy in the interim. I'm already addicted to this site and am reading everything I possibly can.
Yes, I live in England.
That sounds fab with the bank account. May see if my partner and I can both open an account there. I shall e-mail him and ask now. I know if I could get a new account and not have to keep using my overdraft I'd be able to pay it off gradually and maybe be in credit for the first time in goodness knows how long! Its just a vicious circle of debt causing more debt which I cant seem to get out of. Hopefully this will be a new start for us all
I will pm you about the bank account thing shortly.....sure I can see a distant light at the end of that very long, dark tunnel, yay!!
Re: Hello... not so new member, seeking advice (RBS)
OK, latest news is, I finally have my statements through and the charges add up to £5498.50, which increases to £6084.45 with interest. And this is only since I opened the account in November 2002. Obviously I've been a bad girl throughout studenthood and unexpected single-parenthood to run up all these charges
So with the amount being so high, presumeably this is going to cost me more to claim back?
Also, no other banks will touch me with a barge pole for any other sort of account, so I'm not sure if I sould go ahead with trying to get my money back at all.
What does everyone think, is there any point? I've lost hope
Not been on here very long myself, but defo recomend read, read and read some more. Like one of the other replies said I copy and save into blank word docs any info/paragraphs/letters I think will be useful later on. I have also done spreadsheets for all the credit cards we have ready in waiting whilst we pursue some other cases. Just done first moneyclaim against hubbies capone card very nerve racking lol.
We wouldn't have got an account with an overdraft with anyone or a "full" normal account because of our credit rating, but we were lucky in that we managed to pay off what we owed in the last year (been difficult but glad now)so didn't need an overdraft. We opened a basic "step" account with Natwest as you can do it all online. We get a debit card (solo) and can control the account online,still do directdebits etc, just can't have a chequebook/chequecard and no overdraft. RBOS have taken back our chequebooks and cards after my initial letter, but so far haven't closed our account.
Best of luck with your claim!
ali
try the Post Office too!! They may be able to give you an account with nothing but basic facilities. It's a start, but DO NOT GIVE UP HOPE ON THE CHARGES!! Yes going as far as MCOL will cost you but not masses, I'm sure you would be able to fund it somehow. You may be able to get help with paying the charges.
Keep going, just think what difference that money would make to you, and you get your court costs back too!
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!!
Thanks both ^^ Obviously I need a kick up the backside to get started...I have an old savings account to fall back on if worst comes to the worst. OK, think I'll get the first letter copied and sorted out today and post it off recorded delivery... here goes nothing!! Fingers crossed
May have mentioned this in another thread but if your main claim is over £5000 you cant go to the small claims court
if the main claim is under £5k and interest and charges take it over then the court fees will be £250
If I were you I would do it in two chunks, possibly from start of account to 2005 and then 2005 to now
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 !!
First they ignore you, then they laugh at you, then they fight you, then you win. - Mahatma Gandhi
RBS - Claim Started 28-July-06 - Defence recieved 02-Aug-06 - Allocation questionaire sent 04-Aug-06 - Allocation/case management Hearing 20-Oct 06, 12.30pm - £5868.66 "SETTLED IN FULL"
B&Q costs incurred for late delivery - £350 refunded 15/12/06 as interim payment, further £150 to get.
2nd RBS account - £1813 and rising. 1st letter sent 08.12.06
Re: Hello... not so new member, seeking advice (RBS)
Dave,
So does that mean my initial letter to the bank should be split as well, or can I ask for the full amount back and then split it at the next stage? (sorry if this has been answered elsewhere but I've not come accross it). What would happen if I tried to claim it all at once, would it cost me thousands to do?
Tomba,
Thanks for the offer, been following your thread with interest so hope it all turns out ok. Our claims are different though because yours is under the £5k before interest and mine is over £5 before interest.
Cheers all, look forward to hearing your suggestions. L
hi lucyec mines over 5k before 8% ive already sent prem letter so i'm going to split it before it goes to court just waiting to see what happens next. good luck with your claim though.
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
No ask the bank for it all (you never know )... but when it comes to claim try to keep your main claim below the £5k threshold.
HOWEVER as stated if the claim +fees + interest is above £5k then the court fees jump from £120 to £250
hope this helps
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 !!
lucyec v RBS
. It has a £2000 overdraft
Reply With Quote
Originally Posted by rino
Re: Hello... new member, seeking advice (RBS)
. Just because they are holding my money, what gives them the right to dip into it as and when they please? 
. I know everyone is in the same boat here and am grateful for support and guidance.
Re: Hello... not so new member, seeking advice (RBS)
