Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Red face **WON** Niteflite vs RBOS - WON!

    Heya everyone,

    Bit nervous about all of this, and about posting here, but you all seem very lovely so I'll begin...

    This morning I received my bank statements for the past 6 yearsicon as I requested from the Royal Bank of Scotlandicon. There was a period in my life at the end of 2002 during which I accrued a whole load of charges for card misuse and the other usual stuff....

    I have sat here this morning and gone through my statements from 6 years ago until today's date and have come up with a figure to request back of £615.68.

    I have enetered this into the spreadsheet as instructed in the excellent tutorials here.

    However, I'm struggling badly with the interest part as a lot of people seem to do.

    During the time of my money woes - the end of 2002 - I used to ring the bank up all of the time asking for my agreed overdrafticon limit to be increased. They agreed on about 5 or 6 different occasions. I cannot therefore remember what my agreed overdraft limit was at any given time, and therefore also cannot work out the immoral interest charges applied.

    I am, therefore, going to claim for my money back, for the charges etc, but not for the extra interest taken. Do you think this is wise given the complexity of working them out?

    They don't amount to a great amount as most of my charges are for card misuse and refused direct debits. So I am more than happy to proceed without asking for interest back too.

    Any opinions, support or help greatly appreciated and thanks for taking the time to read my rubbish

    Similar Threads:

  2. #2
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    Default Re: Niteflite vs RBOS

    I should also add, or rather ask you kind souls about the format of the statements I received.

    Where monthly charges are concerned they look like this...

    INT TO 10DEC A/C xxxxxxxxxxx 12.07
    CHG TO 10DEC A/C xxxxxxxxxxx 33.92
    CHG TO 10 DEC A/C xxxxxxxxxxx 8.50

    Now I was conned by the bank into taking out loadguard overdrafticon insurance. So that is one of those lines I suspect. The £33.92 charge comprises of my £10 Royalties fee (I know, stupid paid account nonsense) and £23.92 charges I'm claiming back.

    Could anyone tell me what the Other charges are for - and should I eb claiming them back? Presumably the INT line is interest obviously, but interest on what?

    Many thanks


  3. #3
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    Default Re: Niteflite vs RBOS

    the list of charges you can claim are in the FAQ's

    if you were mis sold the insurance, you can try to claim it back as a separate case

    -----------------------------------------------
    Mortgage Express charges- settled in full after issuing claim

    ------------------------------------------------
    To view the FAQ'S click here: http://www.consumeractiongroup.co.uk...se-read-these/
    To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk...ction-act.html
    To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk...re-action.html
    To find Registered Address:
    http://www.esd.informationcommission...esd/search.asp


    If my advise helps click here http://www.consumeractiongroup.co.uk...n.php?p=366404

  4. #4
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    Default Re: Niteflite vs RBOS

    Thanks for your reply

    I wasn't mis-soldicon it per se, they said I couldn't have a big agreed overdrafticon without it. So I'm not overly bothered by that either.


  5. #5
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    Default Re: Niteflite vs RBOS

    I've posted on something on RBSicon charges here, this should help you. The INT entry is the one that needs to go on the far right of the spreadsheet in the interesticon columns.

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

    RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

  6. #6
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    Default Re: Niteflite vs RBOS

    Heya T4FF and thank you so much for your reply!

    I used your spreadsheet actually, to sort out the charges for my Royalities accounts and the like, so a massive, massive thank you for that.

    So the amounts in the INT column are also something I can claim for?


  7. #7
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    Default Re: Niteflite vs RBOS

    Yes, but be aware that I only set the spreadsheet up as an example. It doesn't include the extra sheet that is on the spreadsheet template in the library that adds up 8% interesticon - although you won't need this unless your claim goes to court.

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

    RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

  8. #8
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    Default Re: Niteflite vs RBOS

    Hi again,

    I've really worked myself into a mess over this and could do with some kind help please?

    On my statements I have three lines that look like this :

    INT TO 10 OCT A/C xxxxxxxxxx 6.31
    CHG TO 10 OCT A/C xxxxxxxxxx 5.00
    CHG TO 10 OCT A/C xxxxxxxxxxx 5.23

    The second line of CHG is my Royalities costs and this is where my penalty charges feature too when the bank added them. So that luine I'm fine with claiming anything over £5.

    I'm a bit stressed about the other two lines though, and don't want to appear foolish to the bank by not claiming what I'm entitled to

    The top INT line is presumably the interest charged on the overdrafticon amount above my agreed limit which is £250 I think. So I can't claim this back?

    The bottom CHG line is presumably then the loanguard charges which I cannot claim back as I agreed to taking it out?

    Have I got this correct?

    Therefore the only thing I am claiming back are any referral fees, any direct debiticon refusal fees, and anything over £5 in the second CHG line as shown on my statements?

    Thanks for any help


  9. #9
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    Default Re: Niteflite vs RBOS

    Quote Originally Posted by niteflite01
    The second line of CHG is my Royalities costs and this is where my penalty charges feature too when the bank added them. So that luine I'm fine with claiming anything over £5.
    Correct

    Quote Originally Posted by niteflite01
    The top INT line is presumably the interest charged on the overdrafticon amount above my agreed limit which is £250 I think. So I can't claim this back?
    Right and wrong. The top INT line is the interest charged, but yes you can claim it back - or rather the % of it that was charged against the charges for that month. Vampires spreadsheet (the complex spreadsheet) does all the calculations for you. You enter the interest charged and the date in the right hand side, you enter your agreed overdraft limit. It then looks to see how many charges you have accrued during that month and whether any of the interest is claimable.

    Quote Originally Posted by niteflite01
    The bottom CHG line is presumably then the loanguard charges which I cannot claim back as I agreed to taking it out?
    Correct

    Quote Originally Posted by niteflite01
    Therefore the only thing I am claiming back are any referral fees, any direct debiticon refusal fees, and anything over £5 in the second CHG line as shown on my statements?
    And the INT line but this goes on the right hand side of the spreadsheet and everythin else on the left.

    If this doesn't help and you need some guidance pm me and I'll see what I can do ;-)

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

    RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

  10. #10
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    Default Re: Niteflite vs RBOS

    Ahhh you're really helpful, thanks so much T4FF!

    I'll have a look at Vampires stuff right now!

    Just to check though, if I didn't want to claim the interesticon back, if it's negligible or whatever, it's not a must is it?


  11. #11
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    Default Re: Niteflite vs RBOS

    You don't have to.....but why not! It may seem negligable now, but should you end up filing court proceedings, you can then claim back 8% interesticon on top, so that interest including 8% may end up being quite a bit. Personally, I would go for the lot, it doesn't make your claim any less "winable".....

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

    RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

  12. #12
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    Default Re: Niteflite vs RBOS

    Cheers, all done, total claim is for £655.68.

    Will send my initial request letter to the Royal Bank of Scotlandicon by registered post tomorrow

    Let the 14 day countdown commence....


  13. #13
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    Default Re: Niteflite vs RBOS

    Ok, my initial request has been posted today by first class registered post...


  14. #14
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    Default Re: Niteflite vs RBOS

    Your item with reference DHxxxxxxxxxxx was delivered from our EDINBURGH PRIVATE BOXES Delivery Office on 07/11/06.

    Let battle commence!


  15. #15
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    Default Re: Niteflite vs RBOS

    I had my first reply from the bank just now.

    It takes the form of the usual "We believe our charges are fair etc etc etc" rebuff, from none other than the lovely Mr McLean himself It ends with "...will not be refunding any of the charges applied to your bank account."

    So I have my lbaicon ready to post - do you think I should post it now, or wait until the original 14 days is up?

    I feel like I should post it now?

    And how is this for my LBA?

    MY ADDRESS


    Customer Relations Unit
    Royal Bank of Scotlandicon
    Retail Support
    The Forthstone
    56 South Gyle Crescent
    Edinburgh
    EH12 9LE

    14th November 2006

    Dear Mr McLean,


    I am very disappointed with your response (dated 10th November 2006, your ref TMcL) to my letter of the 6th November 2006.

    I would like to reaffirm that I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debiticon refusals, exceeding overdrafticon limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

    I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

    I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

    I calculate that you have taken £xxxxx.

    I am enclosing another copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 6th November 2006.

    I require repayment, in full, of this money.

    If you do not comply fully within 14 days of this letter then I shall begin a claim against you for the full amount plus interest, plus my costs - without any further notice or communication.


    Yours faithfully,





    Will that do please?


  16. #16
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    Default Re: Niteflite vs RBOS

    I'm guessing he is just sending out standard letters then as this is similar to the response I received today saying that he wasn't refunding any of the charges. Just about to prepare my lbaicon

    Your letter looks fine to me. I would post first class recorded delivery as soon as you can.

    Good luck with your claim


  17. #17
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    Default Re: Niteflite vs RBOS

    I noticed above you claimed for "CHG to 10th OCT". I have been charges very month aroud £30 on my royalities gold. Can i claim all this? I thought this was standard charges for my accoutn running?


  18. #18
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    Default Re: Niteflite vs RBOS

    Thanks for your reply QueenG and the very, very best of luck to you too!

    I was very reticent to break the 14 day timetable. But as the letter from Mr McLean is such a definite no, I don't see what harm can be done. So my lbaicon will be in the post today.


  19. #19
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    Default Re: Niteflite vs RBOS

    Quote Originally Posted by Henrik#1 View Post
    I noticed above you claimed for "CHG to 10th OCT". I have been charges very month aroud £30 on my royalities gold. Can i claim all this? I thought this was standard charges for my accoutn running?
    Hi there

    Basically the charges I have claimed for are the total charge, minus any agreed charge between myself and the bank. So, being a Royalties customer at the time of my claim, the agreed charge between the bank and myself for this service was £5, as shown. Anything above that amount was a penalty charge for going over my overdrafticon limit and suchlike, and is, therefore, claimable.

    For example, one row from my spreadsheet looks like :

    Royalties CHG TO 10OCT Charge £25 Agreed Charge £5 Penalty Amount £20.

    This breaks it down nicely I think for both me and the bank, so there can be little doubt that I have taken the Royalties charge into account.


  20. #20
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    Default Re: Niteflite vs RBOS

    Thanks niteflite. What SS did you use? I am scoobed about what interest values to add in these bits.
    Interest on penalties
    Interest date
    Interest charged (+)
    Estimated average overdrawn balance during period of interest (-)
    Interest free overdrafticon ( +)
    Bank interest on penalties
    Int. on bank int on penalties
    Interest on, date, charged, est ave and so on. Also was told not to use 8% on the interest rate at teh top of the Vamprise SS.

    thanks for you help!



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