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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    Wardle32 Novitiate

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    Default Up, up and away! Against the RBoS

    Hi all,

    Well, I'm over the first hurdle- I've just got the gargantuan pile of statements back from the RBoS (within a week!) following the Standard letter from the archives.

    A couple of queries so far:

    1) I got a letter a couple of days before the statements acknowledging receipt etc but they must be well aware of the work being done here as they put in a couple of paragraphs about 'charges being part of our agreement with you' to try and stop me before I've begun! Not a chance.

    2) although I've got the statements themselves there isn't a copy of any notes that were put on the system in relation to these. Has everyone else had these notes supplied? I have had several 'run-ins' with the bank over the years and I think there may be some notes on there that are subjective rather than objective and, therefore, will probably help my case.

    3) I know that there's a section in the FAQ about what you can and can't claim back, so that's where I'm heading next. The only thing I'm really un-sure of is the charges I get against my overdrafticon each month- there are 2 things I'm charged for- 'Interest' and 'Charges'- as these both vary month to month I presume the Interest is un-claimable but the charges are dependant on how often I've exceeded the overdraft limit etc and therefore claimable- is this correct?

    That's about it for now- it's down to a prolonged game of 'spot the charge' whilst going through my trees-worth of statements.

    I'll keep you informed on how I get along
    Thanks

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  2. #2
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    icklepeach Novitiate

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    Default Re: Up, up and away! Against the RBoS

    Hello Wardle.

    I am asking for all charges, plus any interest, as my overdrafticon should be interest free, so interest is only charged when I am unauthorised borrowing, which is predominantly because of borrowing. we sent the SARicon last Thursday, so I am hoping that it will be there when I get home. although there's no one there to accept it, and I don't think it will go through the letter box!!
    Good luck

    iPeach


  3. #3
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    seawall Novitiate

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    Default Re: Up, up and away! Against the RBoS

    Regarding the notes, this might be of help. Something that I said to Credit Management at the RBoS was taken to mean that I wanted access to everything that they had stored about me. As a result I have ended up with loads of notes about phone conversations and the like. This may have been helped by them apparently losing the SARicon letter, so not being sure exactly what I wanted. But it seems, if you ask for it, you can get it.

    Prelim letter sent to RBoS 8/8/06 letter passed to another department...and Tommy fob off arrived
    LBA sent 29/8/06 £2646.64 claimed - no reply
    Claim entered 26/09/06 £2716 + interest. Not acknowledged so Judgment requested 17/10/06
    Judgment in default 28/10/06
    Cheque finally arrived 24/11/06, ring Group Litigation on a daily basis - you know it makes sense...
    GE Money prelims sent for ERCs and charges on 2 accounts 18/10/06
    LBAs on 2 accounts sent 5/11/2006

    2nd claim against RBoS in 10/11/06, with threat of compounded contractual interest, c'mon now, concentrate...


  4. #4
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    Wardle32 Novitiate

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    Default Re: Up, up and away! Against the RBoS

    Right- I've been through the statemtnts (although they've missed off the last years worth of one acc- which is where I've received the most charges!) so I'll have to chase them for that- they've also sent nearly 200 pages of statement twice. Not sure what happened there either.

    So far, however, it's looking like it'll be in excess of £4G- which will be nice. I'm currently going between joy at the amount I'm going to get back and anger that I've given them so much over the last 6 yearsicon.

    Anyway- I'm still not 100% sure that everything I'm claiming for is legit. I'm a 'Royalties Premiere' customer- does this mean I can't claim back my monthly charges? The one thing that makes me think I can is that they do seem to vary month to month (from £5 up to £40). Does anyone have any experience of claiming these back? Is there a £5 minimum that covers the cost of the Royalites Premiere?

    Also, I've come across some really large charges- regularly £60 for 'Referral Charges' does anyone know what these relate to?

    Looking forward to sending this off- I feel no guilt with doing this whatsoever as they have been terrible to deal with over- it's been purre laziness that I haven't changed bank sooner!

    Thanks


  5. #5
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    icklepeach Novitiate

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    Default Re: Up, up and away! Against the RBoS

    Hi Wardle,

    I don't think you can claim back the royalties charges, as they are considered payment for additional benefits, such as free travel insurance or the ilk, sort of like a membership fee!

    I am currently trying to get to the bottom of the referral fees, as they appear several times in my statements, but with no reference to why they are there. I think they are an additional maintenance charge for a "bad month" although they don't seem to fit any particular pattern! If I can find out any more I'll pm you!

    Good luck
    iPeach

    xx


  6. #6
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    Wardle32 Novitiate

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    Default Re: Up, up and away! Against the RBoS

    Thanks iPeach,

    I've been looking at these carefully over the weekend and they've been quite clever- they've only applied the one charge each month but they've included the fee for being a 'Royalties' customer and any 'bad behaviour' charges in the one- so I'm having to go through and subtract the 'Fee' from each charge for each month. Bit of a pain but ait's better than just saying that it's not claimable.

    As for the Referral Charges- there is no way that that can be a justifiable cost- so they're definitely getting claimed!

    Anyone got any experience of climing part of a charge back from a bank???


  7. #7
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    Wardle32 Novitiate

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    Default Re: Up, up and away! Against the RBoS

    Just spoken to Joyce Tudor (whose name was on the original acknowledgment letter for the request for statements) and she has said that 'Referral Charges' could be for not paying DD's, going overdrawn etc- in other words it's RBoS's terminology for extra bank charges and are therefore claimable.

    I also asked about the notes to accompany the charges (as they were missing) and she said I'd need to conact a manager in Cust Relations- would I like a name and address? Of course I would- guess who's it was: good ol' Tommy MaClean!

    I'll let you know what happens next...


  8. #8
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    icklepeach Novitiate

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    Default Re: Up, up and away! Against the RBoS

    so just so we are all clear,

    Occasionally, and whenever they feel like it, RBoS has been levying additional charges to accounts the month following unpaid items.

    These are in addition to the fine levied at the time and are a second charge on a single item.

    ????!!! :o

    Niiiiiiiiiice.

    and they wonder why we are annoyed!!


  9. #9
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    anna-maria Novitiate

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    Default Re: Up, up and away! Against the RBoS

    Hi there,
    just to let you know a refferal fee is charged when the bank pays something for you when you have insuffuicient items in your account. When you go overdrawn by £25 or more this is when RBSicon will charge you £30 for each direct debiticon payed when you are overdrawn along with a lovely maintenance charge of £28. I know because they do this on a regular basis to me!!!!!! Good luck


  10. #10
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    Wardle32 Novitiate

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    Default Re: Up, up and away! Against the RBoS

    That's terrible!

    It's like robbing someone and then charging them 'Thief Tax'.

    Like I said in an earlier post- I'm torn between chuffed with the amount I'm re-claiming and angry at the amount that I've paid them!

    The amount I'm claiming is roughly the same as my overdrafticon with them. So if I didn't have that, I wouldn't have got the charges, so I wouldn't have got into debt, but then I wouldn't be able to claim it back...

    Help, I've got myself in a paradox!:o


  11. #11
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    Wardle32 Novitiate

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    Default Re: Up, up and away! Against the RBoS

    Found this link about the varying charges from RBoS - basicaly- they do merge the Royalties Charge (un-claimable) with excess use charges (claimable).

    This is kind of what I was building up to do- but T4FF has done it for me- thanks- and useful to anyone else considering the same:

    http://www.consumeractiongroup.co.uk...-you-rbos.html


  12. #12
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    Wardle32 Novitiate

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    Default Re: Up, up and away! Against the RBoS

    Just done as advised and gone through all my copy statements checking the top for the name of acc (eg'Royalties PRemiere; Royalties Gold') but for one of my statements it just says 'Royalties Account' for every statement. Does anyone recognise this as a specific acc and know what the agreed monthly charge (if any) applies.

    thanks


  13. #13
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    icklepeach Novitiate

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    Default Re: Up, up and away! Against the RBoS

    the graduate royalties charge is £6 a month, but they often bundle this with a maintenance charge, so it comes up as £34.


  14. #14
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    Wardle32 Novitiate

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    Default Re: Up, up and away! Against the RBoS

    Long time, no write.

    It took ages for me to work out what the charges I should re-claim were. I ended up adding acouple of columns to the spreadsheet showing what the monthly charges for my various Royalties accounts were and subtracting this. The final figures is about £3700- I was going to not bother trying to split out the payments but I'm glad I did- it's added about £1000 to the overall claim!

    I sent the letter on 1st Dec (makes it easier to track timescales!) and am just waiting for a response. Having read a few other posts, I'm not confident of a quick resolution (pity- Jan's going to be a long month).

    I'm slightly nervous of contacting them now for normal, everyday stuff (I need a new card- Christams has given it a bit of a bashing) but I keep reminding myself that it's them that should be sheepish.

    I'll let you know how I get on


  15. #15
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    Wardle32 Novitiate

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    Default Re: Up, up and away! Against the RBoS

    No response from them yet. My deadline for them is 28th Dec- time to start an online claim!

    Anyone have any idea what sort of timescales RBoS claims take? Are we talking weeks or months?


  16. #16
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    ninekey Novitiate

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    Default Re: Up, up and away! Against the RBoS

    I'm on the same kind of time track as you. Getting concerned now as I've had no acknowledgment at all to my lbaicon (sent on 6 Dec 06, stipulating a 14 day reply period.)

    Does anyone have a fax number or valid email address for the RBSicon Customer Relations Unit in Edinburgh?


  17. #17
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    isidore Informative isidore Informative isidore Informative isidore's Avatar

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    Default Re: Up, up and away! Against the RBoS

    What you have to bear in mind is the added media exposure over the last few months has no doubt had a drastic increase to the number of people making claims, the current timescales are probably less achievable now than they were six months ago.

    On top of that, you are going through your process at an awkward time with Christmas around - people on holidayicon, bank holidays and critically the post being up in the air around this time. RBSicon are (from my experience and also from reading others) good at responding in general. If you have deadlines like the 28th December, it's obviously going to be difficult to achieve these when half of your 14 days falls within the christmas period and christmas post. I'm not surprised that many people are having problems at this time!

    It's a difficult call really. I know these banks don't really justify giving them any leeway considering the way they treat us but if it were me I would allow them some time to catch up. You might have a different opinion to me, but I would much prefer them to settle without me having to make a court claim. With HBOSicon, I sent them a letter around 21 days after sending my lbaicon (already 6 days over deadline) informing them that in 7 days time I would be filing my court proceedings (therefore giving them a total of 28 days in total to respond to my LBA) and sure enough they settled. You can read up on it from the link in my sig.

    At this point, I guess it's a judgement call, you can either send them a reminder and give them an extended deadline (but your one and only extension), if you are good on the phone ring them and chase your response or continue to the next stage and make a court claim.

    Don't panic, you are still on track whatever you 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!!!

  18. #18
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    Wardle32 Novitiate

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    Default Re: Up, up and away! Against the RBoS

    Thanks T4ff- however, I disagree about the court claim- I DO want to make one for several reasons:

    1. the more cases against a bank, the more likely they are to make some changes to their charges- I don't want them to hide away in un-recorded settlements.
    2. Once it goes to a claim it adds the 8% interesticon - which for me adds about £800. This is obviously a good thing for me financially, but also puts them under the same pressures that they put us under.

    However, I do acknowedge that it's a busy time of the year and, despite the fact that they've happily charged me £60 referral charges in the week before Christmas for 3 of the last 6 yearsicon, I don't want to do anything that might jeopordise my case.

    I'll call them this afternoon and see if I can get some timescales, but if I have no joy then I'll be opening proceedings.

    As ever, I'll keep you informed


  19. #19
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    isidore Informative isidore Informative isidore Informative isidore's Avatar

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    Default Re: Up, up and away! Against the RBoS

    Quote Originally Posted by Wardle32 View Post
    2. Once it goes to a claim it adds the 8% interesticon - which for me adds about £800. This is obviously a good thing for me financially, but also puts them under the same pressures that they put us under.
    Well yeah there is that

    If you want to progress it, I wouldn't bother with the phonecall, add a few more days to your deadline to compensate for the bank holidaysicon / post then go to the next step.

    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!!!

  20. #20
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    Wardle32 Novitiate

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    Default Re: Up, up and away! Against the RBoS

    Thanks T4ff, will do!



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