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Thought I'd better start a thread to track my progress with my claim against BRS Mastercard - Prelim posted today claimt 6yrs charges + compounded contractual interest ... watch this space!
guess what!!??!! A blinkin reply in the post this mornin - only standard stuff - thanks for communication .....sorry not happy with service .....investigating & expect a reply within 10dys .. etc. etc
Bit tough really though as I'd already been to Post office & sent lba recorded delivery before I got home & opened post ...... whoops!
Never mind - still not a satisfactory, positive response tho eh!
OK another letter this morning dated 15th November (obviously before they rec'd my lba) referring to my prelim letter. Need a bit of advice over the contents ...
'We consider our charges are fair etc, blah, blah. Whilst strongly disagreeing with the OFT's legal position on credit card default charges ( ) the RBS has lowered it's fees to £12 effect 28.06.06. It's not our policy to refund fees that were charged previously at a higher level at the time that fee was incurred. Having said this I'm willing to offer the difference in F&F settlement of this matter." presumably this is still not acceptable?!
They go on to say (& this bit REALLY confuses me!) ...
'I appreaciate you did not request copy statements (err no cos i av 'em!) however production of your copy statements is required in order to retriebve a list of charges applied. Please note under DPA a fee of £10 is required for provision of this information. pleas forward a cq made payable to RBS. Once cleared the information will be posted to you' (WHAT!! EXCUSE ME! why should I pay for copy statements which I already have ... Don't get it!? I don't want them posting to me)
Do I just do a letter stating I've now issued LBA as per my timescale & this still stands as I will be persuing the full amount of my claim? How should I deal with the £10 request?
I would reply to that letter saying thatyou have statements etc and that is where you got your figures for your schedule from, accept their offer in partial settlement, whcih the ywill most likely withdraw, refer to your lba and do not extend deadline.
I would reply to that letter saying thatyou have statements etc and that is where you got your figures for your schedule from, accept their offer in partial settlement, whcih the ywill most likely withdraw, refer to your lba and do not extend deadline.
That's wot I thought u'd say Thanks soooooooooo muchly Gizmo - will prep my letter shortly. Wonder if anyone else has had anything similar?
Seems a bit of a strange one - do ya think this is a new tactic ... confuse us??!!
Chezt, I see you're further down that old bumpy road, now !! I've said this before - innit funny how much junk mail arrives when you're waiting for something ? !!
As Gizmo says (gawd bless 'er - she's bl**dy clever for a guinea pig !! ) - this is just them trying to make you think you've not got the faintest idea what you're doing. They don't realise you've had to deal with the likes of us lot here !!
Yes, you can virtually ignore this letter if you want, but I would give in to the temptation to reply to it, just like Gizmo !!
I personally would not actually tell them that I have the statements already, and I would also go as far to play at being thick with regard to the £10 SAR fee. Let them think you've no idea for now.
Then, as Gizmo says, accept their offer, but be very clear that it is only in partial settlement. They might then send you the partial settlement cheque (which you can cash), hoping you'll bottle out and back away from claiming the rest. Just a thought, as this means you'll get something this side of Christmas for sure, at least !!
Choice is yours, though - they know you're gonna win, so they're just trying to limit the amount, now.
innit funny how much junk mail arrives when you're waiting for something ? !! .
Originally Posted by bill-k
As Gizmo says (gawd bless 'er - she's bl**dy clever for a guinea pig !! ) .
wow - is Gizmo a Guinea pig? amazin!
Originally Posted by bill-k
I personally would not actually tell them that I have the statements already, and I would also go as far to play at being thick with regard to the £10 S.A.R - (Subject access request) fee. Let them think you've no idea for now.
So u mean u'd pay the tenner n play along for now? Not sure I'll do that tbh but like your style!
[quote=bill-k;377773] They might then send you the partial settlement cheque (which you can cash), hoping you'll bottle out and back away from claiming the rest. Just a thought, as this means you'll get something this side of Christmas for sure, at least !![quote]
That'd be nice
Gonna prepare a short but sweet 'refer to my lba for what I want' letter today
No - seriously - go on - ask 'er. Gizmo's a guinea pig !! And a bl**dy clever one at that, may I add.
No - I didn't mean mean pay 'em a tenner !! Just play along and ask 'em "wot R U on about." Thereby eliciting a scary three-page explanation of "Why your claim won't work unless you have done all this..." And also a cheque (partial payment) - hoping you'll take it and run, scared witless.
But you know you've got 'em now, Chezt, so you're in charge, matey !!
No - I didn't mean mean pay 'em a tenner !! Just play along and ask 'em "wot R U on about." Thereby eliciting a scary three-page explanation of "Why your claim won't work unless you have done all this..." And also a cheque (partial payment) - hoping you'll take it and run, scared witless.
You any good at letter writing? Any suggestions on how to incorporate this into a paragraph for my 'bog off to your offer' letter!?
This is what I've done ...
I refer to your request for a £10.00 cheque as payment for production of copy statements required to retrieve a list of charges applied to my account. I Would be grateful if you could advise why I will need these?
Actually forgot to mention that in their letter I got a whole 2 paragraphs explaining how the bank calculate interest - read it several times n still don't understand what they're 'wafflin on about!' .... Bovvered!??
Bit bizarre as it just seems randomly 'thrown into' the letter for no reason whatsoever!
Chezt - sorry about the delay. Trying to write something serious is a bit difficult for me, as I find myself tittering as I go along !! FWIW, here's my humble attempt:-
" Dear XX
Thank you for your very comprehensive letter of XX/11/06. Like yourselves, I too disagree with the OFT's apparent recommendation of a £12 ceiling on penalty charges. It should of course be much lower than this, in my opinion, but £12 is a step in the right direction and it is encouraging to see that you have at least taken it. As we both seem to disagree with the £12 recommendation, then I am sure you will understand my inability to accept a repayment of the difference between the banks' charges and the seemingly disputed £12 level. Clearly, only full repayment with interest will be acceptable.
Thank you for your fascinating explanation of how you calculate interest. Unfortunately, there seems to have been some misunderstanding, as I did not request this. A full and proper account of how the bank justifies charging the penalty fees imposed is what would be more appropriate here, although I do appreciate that this is probably very difficult for you to formulate.
Thank you also for your offer of a set of duplicate statements for £10. Whilst I appreciate that this is probably very good value, I will not require these, as I have always kept my own records, which you will see are sufficiently accurate for the purposes of my claim.
Unless your records and mine differ, please would you explain why I should order a set of duplicate statements from you, and whom exactly I would be required to produce these to.
I would be obliged if you could now refund the full amount requested within 14 days. Please be aware that failure to do so will leave me with no alternative but to file a legal claim for this, along with further costs and interest. I feel sure, however, that you will not consider this a viable or cost-effective option.
Yours etc. "
So, if it's any use, Chezt, you're welcome. Check it and change it as required, and run it by a mod or a platinum first, if you can.
wow Bill very impressive - Wasn't expecting you to write the whole letter! Thanks for your help it sounds fab to me! Any mods etc around to comment .... ?
Gizmo is indeed a guinea pig.
The letter is Ok - except I would forget any reference to the £12 - it just confuses and sclouds the issue even more - and don't forget to accept their offer in partial settlement.
Gizmo is indeed a guinea pig.
The letter is Ok - except I would forget any reference to the £12 - it just confuses and sclouds the issue even more - and don't forget to accept their offer in partial settlement.
...see, I told ya !!
Thanks Gizmo. Point taken - the £12 stuff is just waffle and me trying to be clever !! Surplus to reqmts.
Yes - I forgot to emphasise the partial settlement bit, when it arrives !!
Ok peeps I've mingled bill's letter n gizmo the amazing guinea pigs suggestions with my letter .. how's this ....
Dear Sir/Madam,
ACCOUNT NUMBER: xxxxxx
I refer to your very comprehensive letter dated (DATE) relating to my request for repayment of charges. I have noted the contents of your letter and I respectfully decline your offer of a partial refund as Full and final settlement, and request, once again, that you return to me the total sum of my claim. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a county court claim if necessary.
Thank you for your fascinating explanation of how you calculate interest. Unfortunately, there seems to have been some misunderstanding, as I did not request this. A full and proper account of how the bank justifies charging the penalty fees imposed is what would be more appropriate here, although I do appreciate that this is probably very difficult for you to formulate.
I also note your offer of a set of duplicate statements for £10. Whilst I appreciate that this is probably very good value, I will not require these, as I have always kept my own records, which you will see are sufficiently accurate for the purposes of my claim.
Unless your records and mine differ, I would be grateful if you could advise why I should order a set of duplicate statements from you, and whom exactly I would be required to produce these to.
I would be obliged if you could now refund the full amount requested within the 14 days as stated in my letter before action dated (DATE). Failure to do so will leave me no alternative but to begin a claim against you (in the County Court on (DATE)) for the full amount including interest (currently standing at £xx.xx as of today’s date) plus my costs and without further notice. I feel sure however, that you will not consider this a viable or cost-effective option.
I trust this clarifies my position and I look forward to receiving your positive reply. You are reminded that there will be no extension to this timescale.
chezt V RBS Mastercard
... watch this space!
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Re: chezt V RBS Mastercard
Re: chezt V RBS Mastercard
) the 
Originally Posted by gizmo111
Thanks soooooooooo muchly Gizmo - will prep my letter shortly. Wonder if anyone else has had anything similar? 
) - this is just them trying to make you think you've not got the faintest idea what you're doing. They don't realise you've had to deal with the likes of us lot here !!
