Patricia Pearl - Small Claims Procedure - A Practical Guide


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  1. #1
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    Question alanalana vs RBS

    Hi,
    Current situation is as follows:

    Account in Scottish branch of RBSicon.
    I started account there in 1974 while in RAF.
    Now Living in England but have kept the account with the same branch wherever I was in the world.

    11 March sent SARicon for charges back six years to my branch in Scotland.

    Received six years of statements before the end of March but no accompanying letter. Envelope was a bit tatty with holes in it.

    30 March sent letter requesting payment of all Charges and interesticon totalling £810.65. The majority of the charges were from 2001. I deducted all the Royalties from the charges that had been applied to the account.

    10 April received two acknowledgements from Sandy Watt Customer Relations Unit (CRU) RBS Edinburgh identical letters pp'd by two different members of staff.

    27 April sent lbaicon to CRU.

    No response to this LBA and no further update on the "we are considering your claim" letter.

    My dilemma:
    I now know that if I claim through the small claims system in Scotland the limit is £750 and I can only claim back 5 years.
    I can not use the online system in Scotland.

    Is it worth a phone callicon to the CRU?

    Can I claim online to RBS in England? as I now live here, which would allow me Six years back and my full £810.65?

    I am currently sitting on two copies of a Form 1 claiming £750 through sheriff court but it may not be valid as I am claiming six years charges.


    Any help or advice would be greatly appreciated.

    Thank you
    alanalana


  2. #2
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    Default Re: alanalana vs RBS

    Hi. I have just won my first claim against RBOS for £902.
    I received no reply to my lbaicon when the deadline 14 days expired so I emailed Sandy Watt to ask what was happening. She replied within an hour to say an offer had been sent out but we had not received it. She reissued the offer letter which arrived the following day.
    I know the general consensus is to issue court proceedings with no further communication but it might be worth one email.


  3. #3
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    Default Re: alanalana vs RBS

    Thank you for that tiggersmum. I will get an email away post haste. At least it gives me a record to use if needed. I will also make it sort of pleasant. So as to swing it my way in court!


  4. #4
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    Default Re: alanalana vs RBS

    If you're living in England then claim through the English small claims system. It works on where you live - not where the bank is based...... and besides RBSicon has two headquarters for litigation purposes: one in London and other in Edinburgh.........

    In England you can go back as far as 6 yearsicon under Limitations Act and claim up to £5,000 in small claims...........


  5. #5
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    Default Re: alanalana vs RBS

    Atlantic, Thank you for that info. I have just sent email complaining about lack of response to their standard "we are currently considering you claim".

    If nothing comes of that I will investigate the way to claim online via their london address.

    Good luck with your ongoing battle wishing you every success.


  6. #6
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    Default Re: alanalana vs RBS

    don't bother sending any more correspondence - either they won't reply or if they do it'll be equally vague. I had exactly the same response.

    simply proceed with your stated deadlines and concentrate on filing your N1 form. If you file your N1 form online, via Moneyclaim website, then it does only allow you a certain number of characters (which makes it fairly small), so if you would feel more comfortable with a larger N1 or want to use one of the templates, stored on the various threads here, then it's better to make the trip into the court house - the cost is the same - and as added benefit you might be able to gain from fairly knowledgeable court clerks behind the counter......

    from what I've seen RBSicon has a tendancy of making you go all the way through the system right 'til the end (court date) before settling, but that said and they do seem one of the better ones and less liable to mess with bank account closures and letters threatening the results of the Berwick case for example......


  7. #7
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    Default Re: alanalana vs RBS

    Thankyou again Atlantic.

    Are you able to tell me if I can submit a N1 claim in my nearest small claims court to where I live or do I have to submit it to the court in London where the RBSicon office is located? Looking at your advice it is better to use the online template, fill in the blanks and submit directly to the court in person with the fee asking advice along the way.

    I will check out the N1 form template now.

    Thanks again


  8. #8
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    Default Re: alanalana vs RBS

    you should submit the claim into your own (local) county courticon - but use the address of RBSicon in London (thier English litigation headquarters, as opposed to thier Scottish litigation headquarters).

    There's a "sticky" with all the relevant addresses at the front of the RBS tab. You'd be welcome to copy (and modify!) any of the lbaicon letters and N1 form I posted on my thread, Atlantic vs. RBoS. Bear in mind I am claiming for two accounts, so if you are only claiming for one account then modify accordingly........

    All the hearings, proceedings etc will also take place in your local county court...... if your claim even comes anywhere near to that stage, as they usually attempt to settle before then. Good luck......


  9. #9
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    Default Re: alanalana vs RBS

    Thank you once again Atlantic.
    I have the details of my local county courticon and have just printed all the template letters from the site should I get the "Full and finalicon offer" and "without further conditions" letters sent to me!
    I will check your thread and copy some of the lbaicon and N1 forms for my info. I will probably need that help the way things are not happening.
    Thanks for the good luck and power to the people, this is costing me oodles in ink and paper and time,can I claim for that?


  10. #10
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    Default Re: alanalana vs RBS

    if it costing you oodles (ink and paper)..... then you have every right to charge them oodles........ but at a much much later stage - when you're actually well inside the court/ legal system then you can apply to court for wasted costs order.

    be prepared for a really dismissive, almost arrogant, reply when you submit your first lbaicon and simply stick to your timescales and you'll almost definately get something half decent out of them......


  11. #11
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    Smile Re: alanalana vs RBS

    Thanks again Atlantic.

    I have a couple of more questions if someone can advise please.

    1 I started the claim using SARicon, prelim letter templates and interest calculator on Money Saving Expert site. Can I now start using CAG templates for lbaicon and final calculations of charges and interests including for the N1 or should I stay on the MSE site?

    2. Should I post my response on the thread before despatching to the Bank?

    Many thanks for any help


  12. #12
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    Default Re: alanalana vs RBS

    Latest update is:
    preparing all of the paperwork ready to submit N1.
    Sent a last chance email to Sandy Watt on 29th May asking where they were in their considerations of my claim (the we are considering your case letter to me was dated 10 April). The email was read at 0815 on 30th May and a reply was sent at 0829 14 minutes later . just the standard reply as with tiggersmum. "A letter making an offer was sent on 10 April and you appear not to have received it . A copy of this offer will be sent out in the next few days" or words to that effect.

    It seems rather strange that the letters dated the 10 Apr ( I received two - see earlier post) saying my claim was being considered, arrived the same day, but the offer letter was nowhere to be seen. Is this another error sending same letter, twice pp by two different people for Sandy Watt or is it yet another delaying tactic?

    I now wait with eager anticipation for the letter making the full offer!!

    Any offers on what the letter will say?


  13. #13
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    Default Re: alanalana vs RBS

    i'd say it'll read along the lines of "Full and finalicon settlement" - but for charges only i.e. no overdrafticon interest, no s.69 (county courticon 8%) interest, if you did add this, and certainly no court fees, if you've paid these.......

    a lot of people are more than happy to settle on just charges only and as you, yourself, will be much better off than you would have been staying silent about bank charges issue, then it's your call whether to accept or not...... pursuing through the law courts is likely to get you more, but then it does carry more risks and headaches too.....


  14. #14
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    Default Re: alanalana vs RBS

    ** SETTLED**

    I have had the "Full and finalicon" offer which is about 73% of my total claim. As the claim was about £800 I have decided to accept. Got all the Penalties and charges back but without any interesticon. I think in the light of current rulings and threats for strike outs I may have done the right thing, although many people would probably disagree. Looking at the time consumption on N1 action, etc etc I did not feel it was worth the worry and the headache for £200 in interest on the Penalties..

    If my claim had been for a few thousand I may have made a different decision.

    Partial success but I am reasonably pleased to get something back.

    Good Luck to all who fight on to the finish!!.


  15. #15
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    Default Re: alanalana vs RBS

    congratulations alanalana...

    i'm glad it all worked out for you........... and I reckon you've got a point about what is happening at the moment with all the treatened strike outs - the risks of strike out are getting high now and I reckon there's more to come.......


  16. #16
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    Default Re: alanalana vs RBS

    Quote Originally Posted by tiggersmum View Post
    Hi. I have just won my first claim against RBOS for £902.
    I received no reply to my lbaicon when the deadline 14 days expired so I emailed Sandy Watt to ask what was happening. She replied within an hour to say an offer had been sent out but we had not received it. She reissued the offer letter which arrived the following day.
    I know the general consensus is to issue court proceedings with no further communication but it might be worth one email.

    Can you tell me sandy,s email address please. It does not appear on any letters i have


  17. #17
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    Default Re: alanalana vs RBS

    Hi outofpocketagain,

    The email is as follows:

    sandy.watt@rbs.co.uk

    Hope this helps you.


  18. #18
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    Default Re: alanalana vs RBS

    Well done, alanalana

    Congrats on your success!!!
    Lush

    Lush

  19. #19
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    Default Re: alanalana vs RBS

    Thanks Lush, now got thread on HSBCicon area.

    Take care
    al


  20. #20
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    Default Re: alanalana vs RBS

    alanalana........

    well done!!............. i have to admit i did actually follow your example with a gentle "prod" email to sandy watt - just to see how far along investigating they were.....

    i think i have my big fight cut out for me in the coming months with barclaycard...so given all the extra risks now (Berwick case and the knock-on to that with mass strike outs from judegs like the judge in Hull and talk of the same in London) I just wanted to play safe and bag some cash...... and get my "fight" at a later day, in this case with Barclaycard!!

    thank you for keeping your thread updated....as i was really following your idea about the email!!

    good luck with HSBCicon - the biggest bank in the world i'm sure can afford a big payout to all of us lot!!



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