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Let me tell you where we are with my claim. I have recieved the last 6yrs worth of statements and have have calculated all this up to just under £1k which is a nice small amount in comparison to some of them claims on here
The first question is - interest! I have seen many people adding 8% interest onto their claims - Am I able to do this, and if so how and why? I have also seen higher rates of interest knocking around and people using them - Any ideas?
Thank you all in advance,
In your prelim letter - the only interest you can claim is any interest the bank charged YOU when the charges sent you overdrawn. The spreadsheet works all this out for you.
However....
You can TRY and claim contractual interest (ci) which some people are doing. This in effect is charging the bank interest because they've held your money for so long, just as the bank charge YOU interest when you have THEIR money (i.e. when you go overdrawn). These people usually try and charge the same rate in interest that the bank charge us for going OD, usually around 29%! As an example, I'm claiming back approx £4k in charges, however if I add on CI it nearly doubles!!!! But it seems if people try for CI the banks are fighting it and some are ending up going to court.
Last but not least - if you don't claim CI, but you get no joy from your prelim and lba letters, you CAN then add on 8% interest when you file your claim at court. (the spreadsheet does this for you also).
Hope that helps, and if I'm wrong someone please point it out.
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
sounds good to me Essix, although I'm pretty sure that claims with CI have been seetled prior to going to court
Possibly so...
However, and this is what stopped me from claiming CI, it seems the banks DO fight for it (in some instances) and personally it's not something I'd feel comfortable fighting for. Charges yes - I'll fight (believe me) but CI is a different ball game.
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
Hey Dean, just catching up after your post in my thread
I have to echo Essix's comments....you can guarantee that the bank won't settle for CI lightly and contrary to what you said, I'd be surprised if you found any (well ok, many) claims that have been settled WITH CI without filing.
It may be that you have got your interests confused? Remember as EB has said, there are 3 types of interest - interest charged monthly on your statements, the statuatory 8% interest added to your claim once you have filed a court claim and finally contractual interest.
Be warned, just because CI double EB's claim, it is not as easy as simply decided to "go for" contractual interest. It requires a lot of reading, learning what you are claiming for, why you are claiming, why you are entitled to it, as you will likely require to prove it in court....
If my post has been useful, tip my scales and let me know
Got my spreadsheet all done and calculated the amounts (looks to be just over £900). Now, I've sent my claim through e-mail this morning to good Old Tommy! Using the Prelim. letter and excel document containing charges.
Has anyone else gone through e-mail before?
Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.
I did with my first claim and most of my second one. Was nice because I included a read reciept with them.
Yeah - I spoke to Tommy today. I was expecting an old man, but he sounds quite young! I asked him if he recieved my e-mail, he confirmed he had, and I also asked him if he could reply to me with that effect - He is yet to do that, but I think verbal confirmation is good enough for now. Obvously, if he misses the 14 day deadline then I can take it further - But I'm happy with it now.
I must say - he did sound quite stressed over the phone - So everyone be nice to him - It's not his fault after all!
Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.
Just so everyone knows - He did confirm recipt of my original email after I asked him politely through another e-mail and advised me he would get back to me once the team had look at it.
Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.
Just to keep people updated who were interested - There is no update ! The first 14 day deadline is on Thursday, so if they miss that they have another 14 days before i file a court claim which I certainly will be doing.
Just out of interest - When using e-mail to claim, did people recieve e-mail's back or letters to their home address?
Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.
Ok - So RBS have not responded to me as yet, so tomorrow I will be sending my lba to Tommy via e-mail, I am however wanting to claim the 8% interest. Does anyone have a letter that they have previously submitted which includes this that i could steal?
Cheers
Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.
Hi Dean- I am also at the same stage as you although I posted my prelim by recorded, tomorrow I shall be posting off my lba. You will read in others threads that the 8% is only added when you file at court, you should look at T4FF postings he seems to give good advice.
05/03/07 S.A.R - (Subject Access Request) handed in at branch
Found missing statements at home !!!!
08/03/07 Prelim+ schedule posted rec del
22/03/07 No reply to prelim LBA posted rec del
05/04/07 14 days and no reply to LBA, sent e-mail
27/04/07 Offered FULL SETTLEMENT £3375
03/05/07 Cash in bank account
I am very disappointed that you have failed to respond to my e-mail of the 08/03/06.
I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.
I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
I calculate that you have taken £****** from me in total.
I am again enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original email of the 08/03/06.
I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest and my costs, without further notice.
Yours faithfully,
Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.
Was thinking of saying something along the lines of...
Mr McLean,
I am disappointed by the below e-mail you have sent me. Regardless of how many claims you may have to deal with you must always acknowledge receipt of them. I understand the kind of pressure your team must be under due to a great deal of recent media coverage. Interestingly you did originally acknowledge the claim on the 8/3/07. Please find the e-mail attached to confirm this. Please be aware that my deadlines submitted previously will still stand and court action will be taken if a full offer is not forthcoming that time.
Is this Ok?
Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.
So I send the above and he comes back with the below...
If we do not formally respond to your claim within a time that you deem acceptable, then it is absolutely your prerogative to progress it through whichever means you see fit. Our regulator allows us 56 days to respond to complaints, though I know that a number of the websites supporting customers making claims suggest that claimants should drive their own timetable and escalate matters more quickly. As I said, that is your prerogative.
Tommy McLean
Ideas to respond?
Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.
Irrespective of regulator suggestions, a month to repay unlawful charges is more than enough time, and for this reason I will be sticking with my deadlines. I'm sure you would agree with me that it is in the banks best interest to shut the door on this claim as soon as possible. If a court claim is filed by me a full offer at that stage would be rejected and I would move to claim court costs, personal costs and interest at a rate of 8%. In light of this, I have calculated that my claim would increase by a minimum of two thirds if a court claim is to be filed. In any respect, I will not be entering into an e-mail debate with you in connection with the claim itself. Unless a full offer is received by April 5th I shall proceed with taking the bank to court. Regards,
The Dean
Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.
TheDean Vs RBS
! I have seen many people adding 8% interest onto their claims - Am I able to do this, and if so how and why? I have also seen higher rates of interest knocking around and people using them - Any ideas?
Reply With Quote
Originally Posted by jowhit
! The first 14 day deadline is on Thursday, so if they miss that they have another 14 days before i file a court claim which I certainly will be doing.
No reply to prelim LBA posted rec del
Offered FULL SETTLEMENT £3375
.