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)


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Thread: Kenny1975vsRBoS

  1. #1
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    Default Kenny1975vsRBoS

    Hi everyone first post

    About to send away Preliminary letter to the RBoS to claim back £4300 in overdrafticon and bounced D/D.

    Ive luckly allready have statements dating back to 2001, but with Scottish Law i havent bothered to look at any statements past january 2002.

    Quick question i am claming from the first charge starting on 5th January 2002, i am sending my letter registared prob on 03/12/06 will i be able to claim from this date? Or will the date i claim be from the point i take the bank to court? (if it goes that far)

    Also i have put all the charges into a table, listing the date of each charge and brief description, should this be sent along with the letter?


  2. #2
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    Default Re: Kenny1975vsRBoS

    hi yes to both questions. you should be able to claim from 2001 i think as that falls into the five year periad but i am be wrong.


  3. #3
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    Default Re: Kenny1975vsRBoS

    I am in the midst of completing spreadsheets been at it since 4 .30 pm. I am planing on claiming form when I requested the statements from them in Oct but been too busy to do anything about it up till now. I too am claiming in scotland


  4. #4
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    Default Re: Kenny1975vsRBoS

    Sent my first letter, now waiting for the deadline which will be Saturday 13th jan to send lbaicon action letter to RBSicon. Awaiting a response.

    One question i am hoping someone can answer, i sent my orginal letter to "Customer Services" at my local branch address, was this right or wrong.

    When i send me LBA should i send again to Customer Service or address it to the manager? or should it be sent to somewhere else.


  5. #5
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    Default Re: Kenny1975vsRBoS

    I did not specify an addressee when I sent my prelim to the branch. It was initially given to someone in Customer Services in-branch before an offer came out from the branch manager.

    My lbaicon ws addressed to the branch manager who had responded to my prelim, but when I rejected that offer it was escalated to Customer Relations in Edinburgh.

    Some people have gone straight to CR and Tommy MacLean but I don't think it really makes a whole hoot of difference which route you use, as they will attempt to stall you at each step.

    Stick to your timetables regardless of your correspondance being passed around.


  6. #6
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    Default Re: Kenny1975vsRBoS

    Thanks for the advice Hydra, my deadline was today i intended posting a letter this morning but being a long distance truck driver i got stuck on the road last night with weather and want any correspondance sent registared mail.

    The day before the deadline yesterday i recieved a response to my primary letter, i shall be sending the lbaicon on Monday morning.

    The response was

    "Thank you for your letter, .........

    We are currently considering your claim and will respond to you as soon as possible"

    Is this a typical letter to recieve, my orginal letter asked for the charges applied to my account i did not include unauthorised interesticon fee's as the account never really went over drawn was more problems with DD not being paid. Plus id be happy just to get the charges back.

    Is there much chance of getting a postive response or is this just a staling tactic being used.

    When i send my LBA i will be again asking for my orginal charges refunded, should i also put down on the LBA i will be seeking judical interest rates of 8% if it goes to court and should i indicate a figure for judical interest rates, basically stating it will cost them more to settle after the 14 days are up?


  7. #7
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    Default Re: Kenny1975vsRBoS

    Quote Originally Posted by Kenny1975 View Post
    Thanks for the advice Hydra, my deadline was today i intended posting a letter this morning but being a long distance truck driver i got stuck on the road last night with weather and want any correspondance sent registared mail.

    The day before the deadline yesterday i recieved a response to my primary letter, i shall be sending the lbaicon on Monday morning.

    The response was

    "Thank you for your letter, .........

    We are currently considering your claim and will respond to you as soon as possible"

    Is this a typical letter to recieve, my orginal letter asked for the charges applied to my account i did not include unauthorised interesticon fee's as the account never really went over drawn was more problems with DD not being paid. Plus id be happy just to get the charges back.

    Is there much chance of getting a postive response or is this just a staling tactic being used.

    When i send my LBA i will be again asking for my orginal charges refunded, should i also put down on the LBA i will be seeking judical interest rates of 8% if it goes to court and should i indicate a figure for judical interest rates, basically stating it will cost them more to settle after the 14 days are up?
    Hi it is a standard letter just continue with the time frame set out. you can mention the 8% but they already know that.






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  8. #8
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    Default Re: Kenny1975vsRBoS ***Won***

    Interesting developments this week,

    sent away lbaicon but ive been away with work.

    recieved a letter saying they needed full list of charges (even though ive sent two copies), also they would send me duplicate copies of all my old bank statement free of charge so i could work out the charges and stated would they would be willing to refund, and also said charges were transparent and fair blah blah blah.

    came home from work tonight another letter 2 pages, first page about how charges were fair and saying they reject my claim on second page the "however" as a goodwill jesture they are refunding all my charges i have claimed for, pleasent surprise as i expected to be writing a letter to the bank tonight, i also got a slip of paper saying letter sent before was an error please ignore it.

    so all settled, thanks for the help



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