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.
Just Starting off a thread to track my refund progress with RBS. I am going for the nice approch, went to see customer services and asked for all by bank charages back. The poor girl just didn't get it, kept on asking about the last chrages on my account etc.
She got her team leader who, took about 5 min's to catch on. I had break out OFT, punlative charages etc.
Of course they then, very quickly said they would pass my conserns on etc, etc. letter in a few days.
So should get the standard, our chrages are legal and fair etc, blah, blah
Well going in and having a chat with my branch seam's to have got something rolling. Got a letter back from one of the banks 'Customer Service Officer's' saying she had ordered up all my statments dating back to 1999.
So went on to say that this would then be passed on to an 'income manager' and that she would contact me with around 10 working days.
The letter is dated 15 May 2006, so progress we will have to wait and see.
Hi I have done the same I had 2 accounts with them between 1999 and 2003.
Even back in 2001 my statement shows them charging 30.00 for a failed cheque and 20.00 referral charge.
Both accounts closed in 2003 so I have not been into the bank but instead have sent off requests for statements.
Sorry haven't updated the thread in a while but here where I am up to.
Got the banks std reply saying blah blah, "fair and transparent", blah, blah "OFT is only talking about credit cards"
But they did go through all my statments and add up give me a list of charges. I don't think they really got what I was asking.
So I went back in to the bank and asked if I could have the copies of my statment they had (Which she had on her hand !!). Which the reply was yes, then all of a sudden quiet work was said to the person how was serving me. The "Yeh no problem" turn in to "Yes but..." got told that the statments had to be sent to there DPA dept. then they would be sent on to me. 3 week later and no statment, also another bank charge.
I just though to no more MR nice guy. I took the list of charges they give me from my account and wrote out the 14-day, please give me my £x money back else were going to court.
this is now 7-days later and no reply.
I'm to send a reminder and then follow up with a conformation by phone (all letters are reg. post anyway)
Looks like its on to court now. Bank has said were not giving you back any charges and were in the right. Oh that they still think the OFT is only looking into credit cards.
The main jist of the letter said that they informed me before hand of all charges so they can do what they want. When asked to break down there charges and 'prove' that they related to the cost of maintance they said this is a 'trade' secret.
Well I think there in the wrong and I going to get a sheriff to tell them so...
Any advise on what angle to take with the bank when were in court would be great.
My current think is that there charged as unfair in term of cost vs actual cost and just keep it as simple as that. what you all think ?
Looks like its on to court now. Bank has said were not giving you back any charges and were in the right. Oh that they still think the OFT is only looking into credit cards.
The main jist of the letter said that they informed me before hand of all charges so they can do what they want. When asked to break down there charges and 'prove' that they related to the cost of maintance they said this is a 'trade' secret.
Well I think there in the wrong and I going to get a sheriff to tell them so...
Any advise on what angle to take with the bank when were in court would be great.
My current think is that there charged as unfair in term of cost vs actual cost and just keep it as simple as that. what you all think ?
These people are known for their arrogence but will cave when they are at the stage when they need to defend.
Here is a snippet which is usually suggested,you can change it slightly but is the framework of the litigation wording for you.
Claimant has account (A/C No) with Defendant from (Date)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.
In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date) to (Date) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00)
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Thanks dude. I'm going to sit down and fill out the forms at the start of next week, and get them handed in.
I really don't like the way RBS has delt with this matter because after speaking to branch staff, they are on my side its just there managers who hide behind them, that are 'not customer facing'
I will be looking for a new bank an 'ethical' one if such a thing exists
If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon. Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed. Donations help CAG to help YOU Click here
Well today was the day edinburgh sheriff court, all ready to do some bank whipping. Since they did they wanted to appeer. So I get approched just before the hearing starts, by a very 'green' young solicitor saying that he was instructed to get a they hearing delayed so they can settle out of court.
I gave him a little stick about 'well why couldn't you have sorted this out before now'. Then realised he was not the 'real' to dealing with the case.
They rather anoyed looking sheriff gave them two weeks to sort it out with me or were back in court.
Just now looking for some advice for dealing with this part.
Should I make sure that they know if I incur anymore charges I will follow the same action?
OriBanker V RBS
. I am going for the nice approch, went to see customer services and asked for all by bank charages back. The poor girl just didn't get it, kept on asking about the last chrages on my account etc.
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