Patricia Pearl - Small Claims Procedure - A Practical Guide


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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.

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Thread: Mr_White v RBS

  1. #1
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    Default Mr_White v RBS

    Hi All,

    Acting on behalf of the missus

    Posted DPA letter again yesterday 13/12/06 recorded delivery.

    RBSicon denied receiving the first DPA letter sent in October
    No doubt taking advantage of me forgetting to send it recorded.

    Wish me luck !!


  2. #2
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    Default Re: Mr_White v RBS

    Welcome and GL! Not that it's needed...


  3. #3
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    Default Re: Mr_White v RBS

    Hi

    Could someone kindly provide a link to standard letters:
    1. asking for an overdrawn account to be put in dispute due to regime of unlawful charges and;
    2. making a repayment offer to a bank in respect of a loan which is now been put in default.

    Still no statements received from RBSicon !! Grrrrrr

    Thanks


  4. #4
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    Default Re: Mr_White v RBS

    Hi All - latest update as follows:

    Preliminary letter sent to branch St Anns Street Branch, Manchester, (recorded delivery) easking for £1586.85 + £286.45 interesticon.

    Will update further if and when they reply.


  5. #5
    willowb
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    Default Re: Mr_White v RBS

    Hi there

    Is the interesticon contractual? If not and it's the statutory 8% then it should only be added when you file a claim.

    Wxxx


  6. #6
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    Default Re: Mr_White v RBS

    Hi willow

    I didn't put it on the schedule, but I put it in the prelim letter where it says:

    I calculate that you have taken £1586.85 plus £286.45 which you have charged me in overdrafticon interest for the sum which you have taken. Total £1873.30.

    Is that okay or should I have stopped at £1586.85?
    Does it matter?






  7. #7
    willowb
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    Default Re: Mr_White v RBS

    Hi

    If the £286.45 is the interesticon they charged you on the unlawful charges taken from your account then that's spot on! Did you use the spreadie or work it out yourself?

    I did this with RBSicon when I was a little newbie and worked it out myself because the spreadsheet scared me ....imagine hey!

    Are you going to go for the contractual rate or the 8%?

    Wxxx


  8. #8
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    Default Re: Mr_White v RBS

    The problem is that "interest" is used for so many things and generally everyone gets confused as to what interest is used when.

    The more experienced people (in this case wb) always double check what the newer peeps are referring to as interest because they often confuse them.

    The interest on the prelim letter is as you said overdrafticon interest which is a calculation of the debited interest on your statements. Most new people (who often jump in head first and don't read enough!!) confuse the issue and add their 8% there and then. If you've added your overdraft interest then proceed as you were.

    Think wb was checking just to be on the safe side

    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!!!

  9. #9
    willowb
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    Default Re: Mr_White v RBS

    Yep!

    Hello T4FF, you help alot of peeps out here don't you? this used to be my old stomping ground and I like to pop back now and then to see if I can help somewhere.

    Wxxx


  10. #10
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    Default Re: Mr_White v RBS

    That I do! I like to think I am getting a little revenge for the 6 yearsicon of hell they gave me

    The refund of charges wasn't enough for me lol

    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!!!

  11. #11
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    Wink Re: Mr_White v RBS

    Hi all and thanks for the replies.

    The £286.45 interesticon I added was the interest automatically worked out by the spreadsheet when I typed in the list of charges. So I guess that would be the o/d interest.

    Do I add 8% or contractual interest on top of that once I issue the claim?

    God i'm confused already - hope they just pay up


  12. #12
    willowb
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    Default Re: Mr_White v RBS

    Yes, that's right. When you file your claim you can include interesticon in the full amount but not in your particulars of claim....all will become clear when you file. For now, just do what you are doing....well done

    Wxxx


  13. #13
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    Default Re: Mr_White v RBS

    The prelim includes your overdrafticon interest and also your contractual BUT only if you decide on going down that route.

    This is a decision only you can make based upon the pros and cons of either route. If you wish to have a quicker experience and are happy enough with the 1.8k then go ahead with the prelim as you have it now and you may be settled before it goes to court. Otherwise you go to court, add your 8% and the bank will settle anyway.

    If you however, want to fight for the extra money that is involved in a contractual interest claim, then add this in at the prelim stage. Expect a real fight for this, you will certainly need to do a lot of research and reading of other ppls claims. This will be contested by the banks and you will have to prove why you are entitled to it. It can be done, but it may not be your cup of tea.

    Personal opinion I guess.......

    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!!!

  14. #14
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    Default Re: Mr_White v RBS

    Hi all

    Well we won !!

    Received letter offering full settlement (£1600 +) 7 days after lbaicon posted !!

    Could somebody change the thread to WON !!

    Thanks again to everyone

    Barclaycard (if I ever get the statements) then ltsbicon !!


  15. #15
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    Default Re: Mr_White v RBS

    Quote Originally Posted by Mr_White View Post
    Hi all

    Well we won !!

    Received letter offering full settlement (£1600 +) 7 days after lbaicon posted !!

    Could somebody change the thread to WON !!

    Thanks again to everyone

    Barclaycard (if I ever get the statements) then ltsbicon !!
    GREAT STUFF!!!!!!!

    My LBA went in last week..... hopefully good news is coming my way too.

    Request for statements sent 1/2/07

    Statements received 10/02/07

    Prelim emailed and posted 15/02/07

    Prelim email received 15/02/2007
    Prelim letter signed for 16/02/2007

  16. #16
    willowb
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    Default Re: Mr_White v RBS

    Congratulations!!!!!

    Won't you be having a good weekend!

    Wxxx


  17. #17
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    Default Re: Mr_White v RBS

    Thanks chaps


    The g/f rang them as it was her money could she have a cheque rather than be paid into the bank. They said "as it was the banks money" they intended to pay it into the account and reduce the o/d accordingly and she could basically take it or leave it !!

    At least its wiped out the debt, but it would have been nice to spend it instead !! :grin:



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