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:
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  1. #1
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    alisonmcmorrin Novitiate

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    Default Rbos Final Response - Not Full Amount

    Has anyone had a response from RBOS credit card (letter issued from Cards Customer Services) offering a settlement which is not the full amount???

    I am claiming £420 from them in charges and they have offered £152.69 'the difference between our original charge and the current £12 late payment charge'.

    I sent the accept as part payment, but will pursue the rest letter, and they have sent a reply stating the same, they are still only offering £152.69 as final response.

    Not sure what to do. Has anyone else had this from RBOS?

    Normally would pursue claim but not sure.

    Help! :o

    Alison

    Similar Threads:
    RBS
    13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL
    Cheltenham & Gloucester (ERC's)
    21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!


  2. #2
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    alisonmcmorrin Novitiate

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    Default Re: Rbos Final Response - Not Full Amount

    Have decided to reject and continue with court claim, whadya think?

    RBS
    13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL
    Cheltenham & Gloucester (ERC's)
    21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!


  3. #3
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    Default Re: Rbos Final Response - Not Full Amount

    Continue with your claim. RBSicon must have started to read Capital Oneicon's letter. Cap One have been sending the "we will give you the difference between the original charge and a £12 charge" for some time.

    If a charge is a penalty charge you are due the full amount back.


  4. #4
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    alisonmcmorrin Novitiate

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    Default Re: Rbos Final Response - Not Full Amount

    Cheers will keep you posted.

    RBS
    13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL
    Cheltenham & Gloucester (ERC's)
    21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!


  5. #5
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    Default Re: Rbos Final Response - Not Full Amount

    Decline letter away giving them till Friday 15th, as lbaicon was 9th June but offer recvd after, or away to court!
    It is only for £420, am sure they can afford it!!!!!

    RBS
    13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL
    Cheltenham & Gloucester (ERC's)
    21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!


  6. #6
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    Default Re: Rbos Final Response - Not Full Amount

    Hi Ally

    received offers pretty much the same way as yourself phoned them up to see if a proper settlement could be reached before court action but they said whatever was in the letter stands asked them to reconsider putting them on the spot (I hate paperwork) to no avail so I am just filling in the claims summons just need to get it right


  7. #7
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    Default Re: Rbos Final Response - Not Full Amount

    Let me know how you get on, they have till Friday with me, then off to court!
    Alison

    RBS
    13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL
    Cheltenham & Gloucester (ERC's)
    21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!


  8. #8
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    Default Re: Rbos Final Response - Not Full Amount

    Hi
    Still nothing back from them except the same letter offering the same amount of £152.
    Have been on holidayicon so have not done anymore.

    They state the £152 is the difference between the £12 and £20/£25 charges that have been applied.
    Not sure if they are allowed to do this.
    Should I accept the £152?
    Any help appreciated.

    RBS
    13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL
    Cheltenham & Gloucester (ERC's)
    21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!


  9. #9
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    Default Re: Rbos Final Response - Not Full Amount

    Hi Ali

    I'm battling with another credit card co and am aboot to send the following letter - I note you are also in Edinburgh so it suits you with the threat to go to court!! - you are free to cobble it if you want to suit your circumstances - whether this will do any good I don't know but it gets to the nub of the problem - if the Irish banks default fees are so low, and let's face it we would mind paying these levels, then why aren't UK bank's the same, of course too much profit, that's why - Good Luck

    Dear XXXXX


    Your Ref : XXXXXXXXXXX

    Re. Account No.: XXXX XXXX XXXX XXXX





    Thank you for your letter dated X XXXX 2007.

    I respectfully decline your offer as a final settlement and request and once again request that you return to me all charges imposed on this account totalling £XXX.00.

    You state that by signing the credit card agreement in February 2004, I agreed to the terms and conditionsicon including the fees. This I do not dispute. What I do now contest is the level of these fees as they do not correctly reflect the true cost of their application, and are therefore penalty charges deemed by both statute and common law to be unlawful.

    In your letter you state that the Office of Fair Trading has not challenged the right of banks to charge default fees, but merely the level of the fees. It is this level of fees that I dispute.

    I enclose for your benefit, a print of credit card, default fees in Euros, highlighted in green, as applied by AIB (Allied Irish Banks plc) with the sterling amount in red. You will note that the highest fee in sterling is not even £.3.00. I believe these fees are applicable to all banks in the ROI.

    If these Irish fees reflect the true cost of applying default fees, which I am sure they must do, then this makes the £12.00 fee which you state to be fair, to be excessive and thus a source of extra profit and therefore unlawful as described above.

    I defy you to prove otherwise.

    I will accept the sum of offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder of £XX.00 by raising a Small Claims Action at the Sheriff Court in Edinburgh if necessary and asking the Court to grant me contractual interesticon of 34.94% APR to be applied to the sum of £XXX.00.

    I give you 14 days from XX XXXX 2007 to reply positively to this letter by increasing the refund to £XXX.00 otherwise I will apply to the Sheriff Court as outlined above.

    I trust this clarifies my position.




    Yours sincerely


    AIB - Fees and Charges


    Allied Irish Banks plc Credit Card Fees
    3. Late Payment Charge
    Should payments not be made in accordance with the Conditions of Use an administration charge of EUR3.81 will be debited from the cards account. £2.55
    4. Over Limit Charge
    Should the account be operated in excess of the Credit Limit, an administration charge of EUR2.54 may be debited from the cards account. £1.70
    5. Returned Payment Charge
    Should any payment either by cheque or direct debiticon be returned unpaid an administration charge of EUR4.44 will be debited to the card account. £2.99

    “It's not personal, Sonny. It's strictly business.”

  10. #10
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    alisonmcmorrin Novitiate

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    Default Re: Rbos Final Response - Not Full Amount

    Thanks
    Well said, letter is on it's way.
    I think they are cutting back due to someone losing in court, but that is only 1 person. Surely they don't want to risk losing for under £500!!!
    Will give them one more chance, then off to court.
    Thanks for your help and will keep you posted.
    Alison

    RBS
    13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL
    Cheltenham & Gloucester (ERC's)
    21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!



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