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.

£19.99 + £1.50 (P&P)




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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    Default davem vs Virgin One (RBS) partial settlelment

    Progress with Virgin One Account (RBSicon) to date

    15/10 Inital Letter claiming £ £641 in Charges
    17/10 Quick response from Leanne Jubb at Virgin One saying charges were fair and reasonable and rejecting the claim.
    29/10 letter before actionicon

    Today I get a letter dated 3/11/06 saying that the bank is going to refund my account some £305 which they have calculated by reducing each charge to £12 and calculating the difference from the amount paid. They also suggested that if I remain disatisfied I should contact the Financial Ombudsmanicon.

    Is this a new twist ?

    Sounds like a response accepting the payment as a partial settlement and indiacting I intend to persue the remainder via the courts if not settled in full 14 days from my LBA ?

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  2. #2
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    Default Re: davem vs Virgin One (RBS)

    Update since my last post.

    3/11 £305 "charges refund" appeared in my account
    7/11 replied to V1 acepting the £305 as a part settlement and saying ill persue the rest through the courts
    13/11 letter from V1 saying if still not satisfied contact the Banking Ombudsmanicon.

    Before I start the court claim, I am am wondering if this is going to form part of the banks defense, along the line of we have charged £12 per item and the claimant did not progress through the Ombudsman.

    Anyone got any thoughts ?? should I still go after the remaining £336 + interesticon and Court fees ??? Any support appreciated

    Dave

    --
    Virgin One 15/10 claimed £641
    3/11 BANK PAYS £305

  3. #3
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    Default Re: davem vs Virgin One (RBS)

    Some credit card providers are trying this route. Continue with your claim for the balance. Enter the refund on the spreadsheet and issue claim with new figures. You are doing everything right.


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  4. #4
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    Default Re: davem vs Virgin One (RBS)

    Hi gizmo,

    How do I calculate the interesticon for the claim ??
    Do I calculate interest on all the charges then take the part payment off the total of somthing else ??

    Dave

    --
    Virgin One 15/10 claimed £641
    3/11 BANK PAYS £305

  5. #5
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    Default Re: davem vs Virgin One (RBS)

    If you want to accurately calculate the interesticon, then on the spreadsheet enter each charge as £12 instead of what you were actually charged. This will give you the £336 plus the accurate amount of interest based on each charge.


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  6. #6
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    Default Re: davem vs Virgin One (RBS)

    Cool, didnt think of that, I will do that and see what it does to the interesticon.

    --
    Virgin One 15/10 claimed £641
    3/11 BANK PAYS £305

  7. #7
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    Default Re: davem vs Virgin One (RBS)

    Ok done the caluculation and thats £336 plus interesticon of £56.73 does anyone have a suggest form of words for the "Pariculars of claim" to include the refund ??

    --
    Virgin One 15/10 claimed £641
    3/11 BANK PAYS £305

  8. #8
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    Default Re: davem vs Virgin One (RBS)

    12th December MOCL issued for £394.35 + £50 court fees
    22nd December Bank filed acknowledgment
    09th Jan Letter from bank with cheque for full amount, strings attached being to discontinue Court proceedings without judgment and not to disclose details of setlement.

    Inclined to accept the setlement and discontinue court action, but not willing to accept the gag conditions.

    --
    Virgin One 15/10 claimed £641
    3/11 BANK PAYS £305

  9. #9
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    Default Re: davem vs Virgin One (RBS)

    Am I being my former blonde self here, or have you not just disclosed details????

    Sugar


  10. #10
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    Default Re: davem vs Virgin One (RBS)

    Probably but then I havent accepted there conditions yet

    --
    Virgin One 15/10 claimed £641
    3/11 BANK PAYS £305

  11. #11
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    Default Re: davem vs Virgin One (RBS)

    True. I know that it is tempting to take them to court but what would you gain from it? I personally think that it is best to take the money, pay off some of your debts, therefore reducing interesticon etc and get on with life with a big cheesy smile, knowing you have won.

    No doubt there are countless people who will say fight the battle, but ti appears you have acheived all that you set out to do??

    Sugar


  12. #12
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    Default Re: davem vs Virgin One (RBS)

    Yeh, am going to sleep on it, but suspect I will accept it in the end
    Still thats settelment in full with interesticon and court fess so can count that as a sucsess

    --
    Virgin One 15/10 claimed £641
    3/11 BANK PAYS £305

  13. #13
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    Default Re: davem vs Virgin One (RBS)

    12th Jan- Settlement offer rejected.

    Bank has until 17th to settle in full without strings or will proceed to Judgment on the case.

    --
    Virgin One 15/10 claimed £641
    3/11 BANK PAYS £305


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