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)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
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  1. #1
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    Default Letters being ignored

    Just looking for some reassurance that im not doing something wrong. I've tried to follow all the advice and have used template letters.

    I requested my statements which i got well within the 40 day notice period and they didnt even charge me but then when i sent my letter asking for refund of charges (complete with charge itinery) i gave them 3 weeks with no answer. I realised that i hadn't sent it recorded delivery and couldn't prove they recieved it so i then sent the same letter again recorded. It has been almost 3 weeks again with no answer.

    Is this typical of the stalling tactics or may i be missing something?

    I may add though that they have sent me a couple of letters offering a customer review but ive been getting those for years.

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  2. #2
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    Default Re: Letters being ignored

    It might be worth giving them a quick call to say that yiu have written to them on this issue and that yiu have not had a reply.

    They will probably say that they are very busy and will get back to yiu shortly but they have to respond to the lbaicon within 14 days so you should now consider the MCOL route.

    Good luck


  3. #3
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    Default Re: Letters being ignored

    Hi,

    I have just settled in full with RBOS. Never received a letter, it being the offer letter, until 7 weeks after my initial prelim letter. They said they sent a letter to acknowledge my claim 3 and 1/2 after my prelim but i never received it (this happened to a lot of people ).

    It's really up to you what action you now take. Whether it be court, a further letter or a quick call to check if they have received your letters.

    superward

    superward vs First Direct - WON!!!
    superward vs RBS - WON!!!

  4. #4
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    Default Re: Letters being ignored

    Its just a chance, but you have to allow for the fact they may not have received your first letter. That would make your next recorded del letter their first, and that was only three weeks ago. I would send an lbaicon recorded delivery now and start the countdown.

    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

  5. #5
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    Default Re: Letters being ignored

    thx for the replies .. my letter around 3 weeks ago was recorded delivery and the tracking confirmed it was recieved so i might give it till end of week and try calling .. if no satisfaction i will prepare my court action threatening letter.


  6. #6
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    Default Re: Letters being ignored

    They have 14 days from the day that they receive the request so you are fully entitled to start the court procedings.

    The banks know the rules and they will do every thing that they can to get around them.


  7. #7
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    Default Re: Letters being ignored

    Why not give them a call NOW and establish that both letters are on their system.

    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

  8. #8
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    Default Re: Letters being ignored

    Again good advice people. I had hoped to just progress things with mail as im quite unconfident and a little intimidated on the phone to these people. However i did give them a call anyway. I called my branch who ive been sending the letters to and they said that the letters would have been forwarded to Customer Relations. So i called them only to be told they hadn't anything on file from me. What a surprise, i told them lol. Anyway, give the woman her due (all apologies) she said i could fax the stuff through as early as possible straight to her and she would phone me to comfirm it had been recieved. Will have to wait till tuesday to do that when back at work and will have to try and be strong when she calls me so that she understands ive been waiting a while now.
    Lesson learnt - RBOS are deffo using stalling tactics and will try and keep to rigid timescale from now on.
    Again, the support on here is tremendous, keep up the good work all.


  9. #9
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    Default Re: Letters being ignored

    Beamer

    When she phones back she will probably come up with a time frame for RBOS to reply to you but do not be put off-make sure that you reisterate to her what timeframe you are working with and stick with it.

    Good luck


  10. #10
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    Default Re: Letters being ignored

    Just a wee note to see this post through. I faxed my stuff off on Tues and recieved no phone callicon back. Then i called Customer Relations (another 45 mins wating in a queue) to find out that they had recieved it and it had been passed onto the relevant department (how many damn departments do we need to deal with). They informed me that it would take 6-8 weeks to reply. I let them no how unhappy i was but to no avail. I also contacted my branch to find out why the letters were never redirected and they told me that they dont know and would have to look into it. They also know how unhappy i am lol.
    Anyway dont know whether to now just allow the 8 weeks or go for the court action threat?


  11. #11
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    Default Re: Letters being ignored

    If your branch did not pass on your letter it is hardly your fault so why should you have to wait 8 weeks?

    The banks know the rules so do not dnace to their tune-play your own music and get them dancing for you.


  12. #12
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    Default Re: Letters being ignored

    If you follow the time scale you should be OK.....convenient how they don't get their post isn't it (what's that smell???)
    If you said you hadn't received an important letter from them do you think they would believe you???
    So, if you haven't already, send the lbaicon (letter before court action) today.
    Then on the 25th May (14 days time) if you haven't got your money start court proceedings. Go to MoneyClaim OnLine and do it from the comfort of your own home.
    If you don't show them you are serious they will continue to BULLY you.
    You have got the support of the other members here to fall back on if things start to worry you too much!!
    As a well known sports brand say "Just Do It"


  13. #13
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    Default Re: Letters being ignored

    I know what you are saying and im gonna get the court action threatening letter sorted soon. I live in Edinburgh and as such am i right to believe i can't use Money Claim Online? Also i'm going to have to find out what court i need to use and how to deal with the fact that i'm claiming £2235 but Scottish small claims have a £750 limit.
    So as you can see , if i could get a decent settlement in 6-8 weeks it would be better than all the hassle of small claims in Scotland.


  14. #14
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    Default Re: Letters being ignored

    Just spent the last 2 hours reading through a detailed thread on Moneysavingsexpert.com forum and it appears the Financial Ombudman is advising people to wait the 8 weeks as the bank is legally entitled to this time constraint. I know my case is slightly different as they have been "losing my letters" so think i wil have a look on the FO site to see if they can help me speed things up.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE