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.
Re: Gandolfi v RBS - low offer and refusal to remove default - how do I respond???
Hi Everyone
I'm hoping you will be able to help me take the correct next steps with my case against RBS cards....
to update so far:
1) Prelim sent 25th June requesting £320 charges + £101 interest
2) Offer of £123 (the difference between new £12 charge and full charge) received 2 July
3) Rejection of offer/letter before action sent 31st July
Today I have received a letter from RBS (cards) making the same measly offer saying that it is their 'final response'.
In my prelim/LBA I also requested that they remove the default from my credit record. I was not sure about doing this as the charges and interest only reflected about 10% of my total borrowing on the card (the 10% that pushed me over my limit though).
In today's letter, they reply:
"Also, within the terms of issue of this account, it is clearly explained that we report payment and balance information to Credit Reference Agencies. This account was opened under full data sharing rules and this means that we must inform external agencies if the account falls into arrears. We must also inform these agencies if our customer runs into difficulties regarding repayment and we find it necessary to Default our agreement.
I am unable to amend your credit file, as we have duty by law to show a true reflection of an account history to the CRA. Having said this, you are entitled to write a 200 word correction which will be placed on your file, which other lenders may read and take into consideration if you apply for future credit."
I want to submit my claim through the Court now and need to write my N1 Particulars of Claim. Your help in this would be very much appreciated - especially with regard to the Default. Am I justified in trying to challenge them over the Default in Court? In my LBA I said that I would include a claim under ss.7 and 13 of the Data Protection Act 1998.
In my LBA I also requested (under CPR Pre-Action Protocol 4.6(C)) terms and conditions and amendments/copies of any default notice, none of which have been sent.
Suggestions on wording for my Court claim would be much-appreciated.
Thanks everyone!
Gandolfi
PS - All of my debt to RBS has been paid off now and I no longer have an account with them - does this mean that they have no right to process my details? How can I get them off my credit file?
Great to hear from you GuidoT How are things with you? Good, I hope.
I'm still here and pursuing the banks for my money!
Did you see what happened so far on my case with Natwest? http://www.consumeractiongroup.co.uk...natwest-5.html
You remember that they sued me....well, with help from you and then GaryH, their claim was struck out!! All good news, but I'm still pursuing them for the rest of the charges. I heard from them last week though, saying that they are applying to have the case against me reinstated, which is not so good....
Thanks for the link. My worry is that the charges were a small amount within my overall credit card balance (not the whole or main cause of my difficulties). However, the £400 that they charged me was the amount by which I exceeded my credit limit (10% of my debt at the time I was defaulted).
Not sure what to do - whether to include it in my claim or just to sue for the charges and interest first so as not to complicate things. This case is simple and small compared to the NatWest case, but it is good for me to try my hand at the POCs, which I haven't done so far....
Good to have you around still anyway, GuidoT. Hope to hear back from you again soon.
Best wishes,
Gandolfi
Re: Gandolfi v RBS: Help with Credit Card POCs please...
I'm 'bumping' this thread to see if anyone can point me in the right direction for Particulars of Claim for a RBS Credit Card account, preferably with Default removal clause included if possible.
I really want to get my N1 filled in and submitted but, so far, I can only find POCs for bank accounts. It says on the template intro that this isn't appropriate for Credit Card claims.
1. The Claimant had an account number xxxxxxxxxxxx, ("the Account") with the Defendant which was opened on or around xxxxx.
2. During the period in which the Account has been operating the Defendant has automatically debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.
3. A list of the charges (“the Schedule”) applied is attached to these Particulars of Claim.
4. The Claimant contends that:
a) The charges debited to the Account were punitive in nature; were not genuine pre-estimates of costs incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and were not intended to represent or related to any alleged actual loss, but instead unduly enriched the Defendant which exercised the contractual term in respect of such charges with a view to profit.
b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of
i) the Unfair Terms In Consumer Contracts Regulations 1999 particularly but not limited to Regulations 5, 6 and 8 and Schedule 2, 1 e); and
ii) the common law relating to liquidated damages and penalties in contracts.
5. The defendant has, in addition, levied interest on these charges at the rate of 29.9%.
6. The Claimant avers that, by this action, the Defendant has sought to enrich itself by the consequences of unlawful action, specifically, unlawful penalty charges as detailed above and applied in terrorem.
7. Additionally the Defendant has entered a default notice against the claimant's credit record. This default occurred merely in respect of unlawful charges levied by the Defendant or was the result of impecuniosity caused directly by the Defendant taking penalty charges which were applied unlawfully to the Claimant's account.
8. Accordingly the Claimant claims:
a) the return of £x in charges and interest of £x thereon debited to the Claimant’s account and listed in the attached schedule
b) Court costs;
c) Interest under section 69 County Courts Act 1984 at the rate of 8% per and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.022%.
d) The removal of the the default entry from the register.
I believe that the contents of these particulars of claim are true
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Thanks steven4064. That's just what I needed - you're a star
I want to include the default removal in the claim, but need to make sure it's justified. My credit limit on the card was £3500 and I went over-limit by about £400 because of late payments etc - the charges and interest amount to £420.
Am I likely to succeed in getting it removed or will it put my whole claim at risk?
The most important thing to remember is that RBS don't want to go to court - they can't afford to lose a 'proper' court case, therefore they will want to settle before the case gets into court . So what you have to do is to keep your nerve and refuse to accept any offer that doesn't include the default removal. By doing that, you should get what you want.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Re: Gandolfi v RBS - asking for copies of Default notices
Originally Posted by steven4064
Just keep pestering them
Could anyone suggest any amendments to the following letter, please?
The claim has been served but I want to keep up the pressure. I also need to get copies of the Default notices.....is this OK???
Dear Sir/Madam
Further to my Subject access request letters of 1st June and 31st July 2007, I am writing to request that you provide me with additional information regarding my credit card account.
Please send me the following information:
1) A true copy of any Default notices in respect of the above account.
2) A copy of the terms and conditions that were in place when I opened my account and any subsequent amendments to those terms and conditions.
As this matter is now the subject of legal action, I would be grateful if you would send this information within the next seven days. If you fail to provide it, this will be brought to the attention of the Court.
Yours Faithfully,
Gandolfi"
All advice welcome - is there anything else I should be asking for?
How ridiculous - I honestly can't believe that stays are being requested on credit card claims
Phone the court and explain that this is a credit card claim and the OFT test case is only dealing with bank accounts (consumer ones at that - not business accounts!) Ask them if you can send a letter to oppose their request.
Although you should wait to see if a stay is granted - the court may allow you to send the letter opposing their request for a stay. You'd need to adapt it to show that this is a credit claim though - and therefore not related to the OFT test case.
Re: Gandolfi v RBS - offer doesn't include Default removal - what to do?
Hi All - apologies for recent abscence. Don't have access to computer at the moment.....
RBS have sent me a Full and final offer and a cheque for about £100 less than the total including court costs/interest. They haven't made any acknowledgement of the default though.
As the default removal is on my POC I want to refuse the offer and proceed with the case, but what should I write back????
They haven't responded at all to my requests for copies of defaults or credit agreements.
No news on whether the court has granted a stay yet.
Thanks for any help you can offer!
All best wishes,
Gandolfi
Just stick wit hit. Write and accept as partial settlement only and tell them you intend to continue for the rest, including default removal.
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Gandolfi v RBS "WON"
credit card. Just wanted to say hi and check that I'm sending the SAR
Reply With Quote
Originally Posted by GuidoT
How are things with you? Good, I hope.
