Me Vs RBS - my story - all advice gladly received!!!

[redmanfamily]

I sent the DPA request to my local branch and waited as the 40 day deadline went past. I telephoned and asked them what was happening. The first thing they said was, 'did you send the request by recorded delivery?'. This proved to me that they were used to such things. I did send it recorded delivery, and 2 days later a complete set of bank statements for the last six years arrived on my doorstep free of charge!
On the 8th March I sent a letter requesting nearly £4,000.00 worth of charges to be returned to me (again by recorded delivery). I received a letter a couple of days later offering just £556.00 as Full and final settlement. I have not signed or returned this.
Should I reply at all? Should I wait until the 14 days have passed and then send the letter before action?
All Advice glady received.
Thanks, Stew.

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[redmanfamily]

Thanks for your suggestions. I will respond in a similar vein to Kath 30.
I did the letter on the 8th May, not March (hastily typed prior to the school run)
Thanks a lot.
Stew.

[redmanfamily]

I sent my lba on 22nd May. I mentioned that their initial offer of £566.00 was unacceptable.
I recieved a letter from the Branch Manager (incidentally a different manager than the first letter!) stating that if we do not reply and accept the offer of £566.00 within 7 days, we will accept that you no longer wish to take the matter further and are not accepting the refund.

I hope that they see my LBA and realise that I am serious.

Stew.

[redmanfamily]

I received a reply to my lba, this time from the customer relations unit in Edinburgh and not my branch. Once again they have asked me to reconsider their pathetic offer of £566 (I'm claiming over £3,800.00!). They have included a leaflet about the Financial Ombudsman Service and suggest I take up any complaint with them.
They say they can find no instance where charges have been applied when they where not properly due. They obviously cannot read. Yes charges were due, but they were grossly unfair.

Do I now apply to take them to court?

Can someone please advise on my best plan of action from here? I don't know if all the recent involvement of the media and banks solicitors has changed the way all of this should be approached.

Thanks, Stew.

[redmanfamily]

Just to update:-
5th June 2006
Phoned the bank after last letter to inform them that their 14 days was up.
They said that the matter was no longer being dealt with by the branch. All correspondence should be with Customer services.
Letter arrived same day from Tommy McLean (a familiar name on this forum!) offering the £566 yet again.

10th June 2006
Phoned Tommy McLean to tell him ofer was not acceptable and if it was not increased I would be taking legal action to recover my money, which would add considerably to the banks costs. He said he understood as many people have done the same thing, but he must stand firm and would not be offering any more money.

12th June 2006
I filled in the moneyclaim online and payed my £120.00.

17th June 2006
Got a letter from Moneyclaim online. An Acknowledgement of service has been filed on 16th June 2006 by Cobbetts LLP of Manchester (Defendant's solicitior) stating that they intend to defend all of this claim.

I was a bit worried by this, but I see they have done the same to a few RBS customers who still managed to get their money back.

Stew.

[redmanfamily]

Thanks Stacy,

GRRR let's get 'em!

Stew.

[redmanfamily]

The 28 days from acknowledgement of my claim is up tommorrow!!!!
I wil ask for a judgement if I have heard nothing else.
Fingers crossed!!!!

[redmanfamily]

I tried to get a default judgement at moneyclaim online. It says I have to wait 28 days from acknowledgement of the claim. I have! I will have to try again on Monday I guess.

Stew.

[redmanfamily]

I called HMCS - moneyclaim yesterday. The chap said that no defence has yet been filed and if a defence is not filed by 4pm then I could go for a default judgement tommorrow (Tuesday 18th).
I asked for the default judgement at moneyclaim at just past midnight (this morning) and it went through.

BUT WAIT A MINUTE!!! Just 30 minutes ago in the post, a letter from Cobbetts solicitors on behalf of RBS. It contains a defence and a reqest for further information!!!!!!

There are 12 pages of legal rambling, mostly padding in fairly large type (a scare tactic I think (hope)).

I will phone HMCS at about lunchtime to see if the defence was with them before I asked for default judgement. If it was, I will need more help!!!!

Stew.

[redmanfamily]

Phoned HCMS - Their defence was entered this morning before the 10am judgement deadline!!! Pooh! The case has now been transferred to my local court. I should receive an allocation questionaire shortly.

They require me to identify the account(s) and every charge, date and description (these are already on my excel spreadsheet for them!)
It says I have to prove
(a)that the bank charges that have been debited are unreasonable
(b) all facts and matters relied upon by the claimant in support of this case
and (c) what charges would have been reasonable

Surely they have to prove to me (or the court) that their charges are reasonable!

Stew.

[redmanfamily]

Stacey- Your right, it is a CPR part 18 request and is not really valid.
I think I will wait for the aourt allocation questionaire, then send Cobbetts the details of my account, the excel sheet for charges and interest. I will tell them that I have supplied this information from my own goodwill and that I don't have to respond to a CPR part 18 request unless asked to do so by the court.

Stew.