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Hi everyone! I've been reading up about all of this for the last few weeks and have gone ahead with the process!
I have £4451.76 in charges that i'm trying to get refunded. They sent me all my statements within 4 days, replied to my 2nd letter within 2 days offering me £830.00 as a goodwill gesture stating their charges were fair, transparent blah blah.
I faxed them the refusal letter yesterday and am also sending it via recorded delivery to them today!
I must admit I am a little nervous about the whole court thing and worried that I will not win my case - as its such a large amount of money! I guess I'm just looking for a bit of reassurance, i've read the success stories and that gives me great hope!
This site is great though and I would appreciate any advice or reassurance!!!
Lynsey
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17.10.06 sent refusal letter giving them until 25th Oct for a full refund or court action
16.10.06 received letter back offering £830 as good will gesture
11.10.06 sent letter requesting full refund within 14 days or court action
10.10.06 received statements, charges come to £4451.76!
26.09.06 sent initial letter requesting statements
Hi everyone! I've been reading up about all of this for the last few weeks and have gone ahead with the process!
I have £4451.76 in charges that i'm trying to get refunded. They sent me all my statements within 4 days, replied to my 2nd letter within 2 days offering me £830.00 as a goodwill gesture stating their charges were fair, transparent blah blah.
I faxed them the refusal letter yesterday and am also sending it via recorded delivery to them today!
I must admit I am a little nervous about the whole court thing and worried that I will not win my case - as its such a large amount of money! I guess I'm just looking for a bit of reassurance, i've read the success stories and that gives me great hope!
This site is great though and I would appreciate any advice or reassurance!!!
Lynsey
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17.10.06 sent refusal letter giving them until 25th Oct for a full refund or court action
16.10.06 received letter back offering £830 as good will gesture
11.10.06 sent letter requesting full refund within 14 days or court action
10.10.06 received statements, charges come to £4451.76!
26.09.06 sent initial letter requesting statements
Ok i rejected their offer of £830.00 and today I got a letter from Tommy McLean (pp'd by someone else though!) saying sorry we have failed to reach an agreement with you, please accept their apologies for any unintended inconvenience or upset (!). They believe their charges are fair, reasonable and transparent blah blah blah they are satisfied they comply with all applicable laws and regulations blah blah!! Then they finish it nicely with against that background, we must differ to the views expressed in your letter and that the charges that have been applied must stand. However, thank you again for taking the trouble to write hahahahaha!!
so they had until 26th to respond otherwise court action, so should i send a letter before action giving them one last chance or should i just go straight ahead with the claim?
also, with the claim, does the fee need to paid directly up front? how much is the fee? My claim is for £4451.76 (not including interest). thanks in advance everyone! xxx
It will cost £120 and will need to be paid upfront.
There is help in the bank templates library on how to word your claim.
The cost will get added to the total amount of the claim.
Lloyds TSB - £972
S.A.R, prelim and LBA sent
Claim acknowledged
Defence received
AQ 20/06/06 ***FULL SETTLEMENT RECEIVED 20/07/06***
Woolwich - £2288
S.A.R, prelim and LBA sent.
Offered half
Moneyclaim filed online 02/08/06
Judgement filed online 23/08/06
WARRANT FILED ONLINE 30/08/06
MONEY RECEIVED BY BALIFF 04/10/06 ***FULL SETTLEMENT RECEIVED 09/10/06***
Smile - £175
Pelim 23/06/06 ***FULL SETTLEMENT RECEIVED 07/07/06***
My Ex vs Woolwich - £715
S.A.R sent 30/08/06
Pelim 06/10/06
LBA 20/10/06
Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Hiya everyone, just reading through the court claim things, looks ok at the moment. Just a quick question.. I receive working tax credits with the child element so I am exempt from paying the court fee. I was just wondering can I still apply through MCOL even though I will not be paying the fee?
Hi does anyone know the answer to that? I am exempt from paying the court cost so is there an option to do this on the MCOL website? Once you file your claim do you need to send evidence (of both my exemption from court fee and maybe spreadsheets of charges etc) to the courts too? Any help would be great as RBOS have until Wednesday to get back to me or i'll be filing.
Also i'm really confused about the interest too.. havent a clue how to work it out. My claim is for £4.5k over 6 years, so if i add interest it will go over £5k wont it and then what would happen? is it easier just to claim for the £4.5k once the claim has been filed?
20.10.06 sent fax to Tommy McLean giving one last opportunity before a claim is filed on 25th October! also posted this recorded delivery! just waiting now... 17.10.06 sent refusal letter giving them until 25th Oct for a full refund or court action 16.10.06 received letter back offering £830 as good will gesture 11.10.06 sent letter requesting full refund within 14 days or court action 10.10.06 received statements, charges come to £4451.76! 26.09.06 sent initial letter requesting statements
Ok - RBoS had until today to respond to my lba and I havent heard back from them. Do they make a habit of ignoring these LBA's? I actually have to go into town (Newcastle upon Tyne) to file my claim tomorrow as I am exempt from court fees so need to take in my evidence etc. Should I give them tomorrow too or just go ahead and file it?
I have looked at a few different people's 'Particulars of Claim' and i'm ok with this bit - but on the N1 form, there is a 'Brief Details of Claim' - what should I put on this bit??? I want to make sure it sounds professional and 'proper' lol. Any help would be marvellous!!
Thanks in advance!
--------------------------------------------------------------------------------------------------------- 20.10.06 sent fax to Tommy McLean giving one last opportunity before a claim is filed on 25th October! also posted this recorded delivery! just waiting now... 17.10.06 sent refusal letter giving them until 25th Oct for a full refund or court action 16.10.06 received letter back offering £830 as good will gesture 11.10.06 sent letter requesting full refund within 14 days or court action 10.10.06 received statements, charges come to £4451.76! 26.09.06 sent initial letter requesting statements
Lloyds TSB - £972
S.A.R, prelim and LBA sent
Claim acknowledged
Defence received
AQ 20/06/06 ***FULL SETTLEMENT RECEIVED 20/07/06***
Woolwich - £2288
S.A.R, prelim and LBA sent.
Offered half
Moneyclaim filed online 02/08/06
Judgement filed online 23/08/06
WARRANT FILED ONLINE 30/08/06
MONEY RECEIVED BY BALIFF 04/10/06 ***FULL SETTLEMENT RECEIVED 09/10/06***
Smile - £175
Pelim 23/06/06 ***FULL SETTLEMENT RECEIVED 07/07/06***
My Ex vs Woolwich - £715
S.A.R sent 30/08/06
Pelim 06/10/06
LBA 20/10/06
Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Hello! Well sent off my claim to the courts today, when I arrived home there was a letter waiting for me on the doormat! From Tommy McLean, pp'd by Ross McDonald! The letter read:
Thank you for your letter of 20th October 2006 and i am sorry to learn you remain dissatisfied (damn right!)
There is nothing I can add constructively to past correspondence but I would like to resolve matters with you. Against that background and as a gesture of goodwill without admission of error or liability, I am offering the sum of £2685.00 in Full and final settlement of your complaint. However our t&c's will continue to apply and any charges that accrue in the future must stand.
I hope you will consider this to be a fair and reasonable settlement (fair?!) and on receipt of your signed acceptance I will make arrangements for payment within 5 working days.
A prepaid envelope is enclosed for your use (how much do they want me to accept??!!)
This is getting so tempting - i'm 5 days away from having £2685.00!!! But I know I'm only a few months hopefully away from having at least £4451.00!!!
Please keep my spirits up here! I'll send off the thanks but no thanks letter tomorrow and as I said, I sent my claim anyway today. On my refusal letter should I mention that I have sent away my claim for processing? or just the usual thanks but no thanks.
26.10.06 received letter offering £2685.00 in full and final settlement 26.10.06 filed claim with courts -sent off N1 form with spreadsheets 20.10.06 sent fax to Tommy McLean giving one last opportunity before a claim is filed on 25th October! also posted this recorded delivery! just waiting now... 17.10.06 sent refusal letter giving them until 25th Oct for a full refund or court action 16.10.06 received letter back offering £830 as good will gesture 11.10.06 sent letter requesting full refund within 14 days or court action 10.10.06 received statements, charges come to £4451.76! 26.09.06 sent initial letter requesting statements
Hi lynz, I'm newer to this than you are and am watching your progress with great interest as I too am aiming to claim from RBS. Rooting for you.
Ponine.
Thanks Ponine! I'm a bit nervous about the whole court thing but everyone on here is so helpful, i'm hoping they're gonna help me out if things get complicated!
I'm so tempted just to take the £2685 - especially since its so near to Xmas etc. If I dont, i'm probably looking at 2/3/4 months down the line.
When I look how long its taken - only 1 month - to get this far I wonder if they'll act quicker. I know its in the hands of the court now though so who knows!!
Lyn, accept the offer as part payment only and proceed with claim. They may (or may not) pay at this point and it could be worthwhile dropping Tommy/ Ross an email asking them if they really want to proceed to court as you are more than willing to do so.
If no joy, then file that claim. Dont forget......the money is yours, you simply want it back - and the law is behind you!
j
1/9/06 RBS claim #1
8/11/06 - claim settled
17/11 claim #2 started - incl creditcard
30/11 - CC statements received
31/11 - Prelims issued - RBS paying up, only M/C to go)
If any of my advice/ info has been helpful, please click the scales
Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional
Why accept 50% when you can have it all? I do understand the temptation with Christmas around the corner, but if you hold out you will have a windfall in the new year. Of course it is your claim and your choice, but I'm sure you would prefer the larger amount in your bank account.
Lloyds TSB - £972
S.A.R, prelim and LBA sent
Claim acknowledged
Defence received
AQ 20/06/06 ***FULL SETTLEMENT RECEIVED 20/07/06***
Woolwich - £2288
S.A.R, prelim and LBA sent.
Offered half
Moneyclaim filed online 02/08/06
Judgement filed online 23/08/06
WARRANT FILED ONLINE 30/08/06
MONEY RECEIVED BY BALIFF 04/10/06 ***FULL SETTLEMENT RECEIVED 09/10/06***
Smile - £175
Pelim 23/06/06 ***FULL SETTLEMENT RECEIVED 07/07/06***
My Ex vs Woolwich - £715
S.A.R sent 30/08/06
Pelim 06/10/06
LBA 20/10/06
Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Hi Lyndz,
I'm at exactly the same stage as you and also received my 'partial settlement letter' yesterday. My claim isn't for quite as much as yours, but I felt the same temptation.
However, I agree with what the others have been saying. There's a principle here - the charges are unfair (unlawful) and so why should we settle for anything less than a full refund? I'm rejecting my offer today.
However, after reading lots of the other threads I admit I have now bought into the contractual interest idea - although I didn't raise this in my prelim or lba. So I have given Tommy-boy another week and warned that if this matter has to progress to court, I will be seeking the higher rate of interest too.
I am expecting them to settle in full before the court stage, but a part of me hopes they don't just so I can get the interest money!
Anyway, I'm looking forward to hearing how you get on, especially as we are at the same sort of stage.
Hi,
If you accept their offer just make sure they absolutely know and have it in writing that it is only as part payment and you fully intend going for full amount. They say they are offering it in Full and final payment so be careful as this might be seen that you agree if you do accept as you have to sign this.
Tempting though, I do agree, especially being so close to Christmas but think, if they are willing to jump so much from £830 to £2685!!!! what will their next step be? Full payment? Let's hope so.
I have just read all your threads. I have just received all my statements over the last six years and like you my charges amount to just under 4.5k. I couldnt believe it! My charges are 99% due to them taking charges out of my account at the end of a working day and taking me overdrawn again. Does this sound familiar to you?
Your story is really inspiring me - how are you getting on?
I too have completed the Court Claim form on the website this evening. My 14 days were up last Friday but had to wait till today before I filled the form out - Pay Day !. The claim cost me £120 to complete. I am claiming £2690. plus 8% - In fact me and my husband are not the only ones to be claiming from RBS - I have 3 boys who are also going down the same road. My last correspondance with RBS was the letter I received last Wednesday- from my local branch. Verymuch the same content as you received but mine said they will not be refunding any of the charges ! ' but thank you for taking the time and trouble to write.' So all guns blazing now - Ive gone for it. I too, am feeling a little uncomfortable about taking this course - its all very well reading Martin Lewis's website saying the banks will back down as it will cost them too much - but just you watch - I bet they wont back down with mine - just my luck. Anyway I have everything crossed now - bit uncomfortable when I sit down tho ! ha ha. Does anyone out there have an inclin as to when I should hear something is going through and would I get a response from RBS now I have issued this claim ?
Well its nice to hear others are in the same position, will be interesting to see what happens with each of our claims!
I was at the same stage as Matt for a while (his thread is on here somewhere) and he got his full settlement offer on Saturday!! He hadnt even filed his claim yet!
So I think they're just settling at all various stages, some longer than others.
I sent my things off to court and now its just the waiting game!
Good luck to you all, let us know how you're getting on too!
Lynzi xxx
Capital One
29.11.06 S.A.R - (Subject Access Request) sent 22.12.06 prelim sent - charges total £590.00 19.01.07 received offer of £164, sent refusal of offer - have until 5th Feb to respond or court action
RBS - claim £4451.76 ***WON***
03.11.06 Received letter from Tommy McLean offering full amount of £4451! Hooray!!!!! 26.10.06 received offer of £2685.00 in full and final settlement, sent refusal informing them I have filed my claim. If they do not refund by 3rd Nov I will proceed through the courts 26.10.06 filed claim with courts 16.10.06 received letter back offering £830, sent refusal, have until 25/10 to respond 11.10.06 sent letter requesting full refund within 14 days or court action 10.10.06 received statements, charges come to £4451.76! 26.09.06 sent S.A.R - (Subject Access Request)
It does appear to be a slightly bit arbitrary doesn't it. Maybe they toss coins up there everytime a new claim comes in. heads they'll settle, tails, they go to Cobblers. I think lady luck was on my side last week. Just stick with it. Remember, the longer it takes, the more interest you can claim.