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.

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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.

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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.

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.

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Thread: What next

  1. #1
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    lornac Novitiate

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    Question What next

    ;-) I tentavely started thinking of getting my money back in May 2006 when I sent letter to RBSicon asking for total charges, it's taken me until now to write first letter asking for my money to be returned. Posted on 16/04/07 recorded reclaiming £1471 without interesticon had reply, standard letter- they are considering my claim and will respond as soon as pos - well they have until the 30/04/07 then my letter before actionicon will be sent.

    Do I add interest at L.B.A or wait until I am raising action?
    I live and I'm claiming under Scotts Law
    I may have been very slow to start claiming but now that I'm in action I want my money back.


  2. #2
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    Default Re: What next

    You are entitled to add 8% statutory interesticon as a result of filing a court claim so the answer is no.


    You can claim contractual interest from the beginning, but as you are in scotland, I think you will find this difficult to obtain. Stick with that, you are fortunate in that you just fall under the small claims limit.

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  3. #3
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    Default Re: What next

    lornac, its summary cause you will need to use (up to £1500) not small claims (up to £750).


  4. #4
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    Default Re: What next

    Sorry, yes summary cause.

    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!!!

  5. #5
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    Default Re: What next

    I personally would get them for as much as i can. They do it to me... But it is your call. Weight up the pros and cons. If you push it over 1500 then more paper work, but how much over the 1500 are you, is it enough to make it worth your while. Alternatively move to England :P.

    StyX Has Won

    RBS - £2,500

  6. #6
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    Default Re: What next

    Thanks for the help and sugestions, when I raise a summary cause and add my interesticon at 8 per cent(£259.15) this takes me over £1500 to a grand total of £730.15 is this O.K.? or should I drop the intrest?I have my lbaicon ready to send on 30/04/07.


  7. #7
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    Default Re: What next

    I think you should be okay as the first part of the claim is below £1500 (the second part of the claim is for interesticon). But other posters will be able to confirm whether or not this is the case.
    You may also want to raise this question as a thread in the Scotland subforum.


  8. #8
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    Default Re: What next

    I went for 33.5% interesticon and got it. So you never know.

    StyX Has Won

    RBS - £2,500

  9. #9
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    Default Re: What next

    Just to confirm, the limit is for your claim only.

    Any interesticon you add as a result of you filing is not counted so you are ok to claim the interest.


    Styx, it is a bit misleading to newcomers to just say "I went for 33.5%" because it will cause people to assume that they can just "go" for that. Without explaining how and why and what the implications are, you are possibly putting people in difficult situation. What if their claim is contested? What then?

    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!!!

  10. #10
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    Default Re: What next

    Just realised my error I've read through all relevent posts prior to sending my first demand for monies to be returned and I have sent the claim for previous 6 yearsicon(should have been 5) as I'm in Scotland, thing is my lbaicon gets posted on Monday 30/04/07 should I correct it to 5 years reclaim or leave it?
    If I leave it should I alter it when raising summary cause?
    It's my mistake
    thanks everyone out there for all the help x


  11. #11
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    Default Re: What next

    You could amend it at lbaicon stage and put something in the letter acknowledging your mistake saying you have recently discovered that the limit is 5 years. They would be quick to point this out anyway, so don't be too concerned.

    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!!!

  12. #12
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    Default Re: What next

    T4FF thanks for your wise words I will amend my lbaicon and addmit my mistake letter ready for tomorrows post


  13. #13
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    Default Re: What next

    Morning everyone, sent my lbaicon recorded yesterday so should be raising summary cause on 14/05/07, now looking for information on how to go about this? I've read a lot of threads saying that they've skipped this - waited 8 weeks and gone to fosicon! is this a better option or what!:-? looking for some advice while I troll other threads.


  14. #14
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    Default Re: What next

    Lorna,

    How much have you claimed for? How is it broken down?

    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!!!

  15. #15
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    Default Re: What next

    T4FF HI,

    I'm claiming £1286.00 in total.
    in charges £720 ; referral charges £200 ;unpaid DD £331; card misuse £35.

    I await with baited breath to hear from Sandy(who seems to have all power @ RBSicon) hope she just hands back my money!


  16. #16
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    Default Re: What next

    The choice is up to you lornac, if you wait it out you will get a full refund of charges, many many people have gone this route to prove it. If you go for summary court action you will gain 8%, but the time scale may be considerably longer, more stressful and you will have the legal paperwork to attend to. In saying that there are plenty of experienced people in the forum who will help and guide you along.
    I keep saying this, the choice is yours and yours alone to make, go the route that suits you best. Either way you will get your charges refunded

    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

  17. #17
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    Default Re: What next

    Have to agree with dangler8 here, voice of experience being in scotland

    It may be worth reading a few of the people who have had successes over the last few weeks or are currently running through theirs, a couple are dangler8, seahorse, superward, atlantic and alpha. Worth having a read through their threads at least.

    One bit of advice, put SCOTLAND in your location (your can do this in profile from the USER CP selection at the top) as the scottish rules are entirely different to English that way you're easy to identify.

    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!!!

  18. #18
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    Default Re: What next

    T4FF sometimes the Scots and Welsh do agree, its at rugby we tend to differ


  19. #19
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    Default Re: What next

    Hi Guys
    Sorry I've not beenkeeping up with replies but GREAT NEWS got a letter today offering ALL my charges back, a good will jester they don't addmit over charging.
    £1286.00.

    IT's only taken ;
    letter requesting total charges(data protection)
    letter of request
    letter from RBSicon (sandy watt) of acnolagement
    lbaicon
    letter giving RBS 8wks (from first letter) to settle before fo involved
    letter of offer

    So to everyone out there who is helping all of us scardy cats THANK YOU for all your time effort and encouragement.
    And to everyone who is reading all these success threads GET YOUR FINGER OUT AND GET YOUR MONEY BACK!!!!!!


  20. #20
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    Default Re: What next

    Well done lornac

    Great result!!



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