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.
Hi all,what a great site. Have got a claim going with RBoS, which is nearing the court stage. Do i start thread in that section and go from there ?.
Thanks.
Welcome to the site.
Yes you do.
I will move this for you into there now.
Can you post an update as to what you have done so far.
Giving some details and keeping it up to date helps everyone.
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Hi all.
Have had this joint account with RBoS about 6 yrs, the last three of which have been a royalties a/c.
I'm in the process of claiming back charges , total £3800.00.
Using template letter from another site requested 6 yrs worth of statements. After 40 days, no reply, sent another letter threatening to complain to infomation comissioner and recieved them three days later.
Compiled list of all charges and with another template letter asked for them to be repayed. They replied within 14 days stating it will take 6 to 7 weeks to look at my claim.
After 14 days past, sent another letter , template, saying there response was unreasonable and gave them another 14 days to pay up or will take court action. Have had no reply to this.
Wanted to check before going to the next step, as i've dropped a bit of a clanger. This being, i forgot to remove the royalties charges from my list that i sent them. Opps.
Question is, do i need to send them an ammended list before filling out court forms or just send it in with the court claim ?.
Getting out of my depth now but i think everthing has been done correctly, apart from this.
Appreciate any help.
Regards.
Broke as usual
Correct your claim before you file at court. Once you file at court it gets a bit more complicated. With you having to submit an N244 to amend your claim. This costs £35 and is not reclaimable. Goodluck.
A person is only as big as the dream they dare to live.
Good things come to he who waits
Its your money taken unlawfully from your account and you have a legal right to claim it back.
Forgot to ask.
Have been sending all letters to branch address. Should i continue doing this, or to the address on the letter they sent me ?. Which is,
Royal Bank of Scotland.
Customer relations support unit.
Retail support.
The cornerstone.
60 South Gyle Crescent.
Edinburgh.EH12 9WF
Morning all.
Well the extra 14 days are up with no response from RBS so filled out n1, which the court should recieve today.
Can anyone tell me what happens next ?.
Thanks.
From my thread....6th June I filed my n1 on moneyclaim online, on the 15th June I got two interesting pieces of mail.
1. Letter from court giving notice that acknowledgement of service had been filed, giving the bank an extra 28 days from date of service of the claim form to file a defence which was 13th June.
2. A letter from Sandy Watt in Edinburgh offering me a gesture of goodwill of £1,568, (My full claim is for £2010, total charges is £1,568, 8% interest roughly £300, court claim fee £120)
So basically on one hand cobbetts on behalf of RBOS say that they will defend the claim and on the other RBOS have directly offered a settlement.
I have declined their offer and at the beginning of July I have been sent the standard cobbetts defence and request for further clarification, requesting that this information is to be provided by the 13th July. I have also been sent a letter from the court which included cobbetts request for further clarification.
The court letter says:
IT IS ORDERED THAT:-
1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.**
Note: Any party affected by this order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.
**Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details.
I asked the question: "Am I right in thinking that I didn't need to do anything with cobbetts request for further information and clarification, as I had done all this and as it is obviously a stalling tactic, and the court did not state anything. What confuses me a little is that the court letter included cobbetts request for further info but did not include their defense. I just wondered why they attached it.
I have until 18th July to pay the allocation fee, there is mention of requesting a draft ...?? document from the court, I can't find any info on this, can someone tell me what this is and what its for?
Am I right in thinking that if its a straightforward case and the procedure was followed as advised (on this site) that it will not get as far as the hearing. I understand that anything can possibly happen but the standard is that they pay up before the hearing date???"
So not sure if this helps any as I am not too clear of the process either but from reading other threads this seems to be the standard!
Morning all.
Well the extra 14 days are up with no response from RBS so filled out n1, which the court should recieve today.
Can anyone tell me what happens next ?.
Thanks.
The court will process your claim and issue cobbetts with a copy and return a copy to you with a 'Notice of Issue' form.
Once cobbetts receive their Notice of Issue, they'll more than likely send you an 'Acknowledgement of Service' form stating that they intend to defend the claim. If this is the case, they have 28 days from the date your claim was originally deemed as served to submit their defence. However, cobbetts are notoriously late submitting paperwork - and the courts allow them to submit a late defence.
Thanks for the reply guys at least i know what to expect next.
I e-mailed sandy watt, the same day as posting n1, to ask how claim was going and got the response i expected.
"Your database record shows that we received your complaint on 24 May, you can expect our response to be issued within 8 weeks of that date."
The 8 week period is up this thursday so i can expect letters from the court and RBS this week. Will keep you posted.
Great news,
Recieved a letter from sandy watt today offering £3.654.00 in full and final settlement, this is about £50.00 less than what i had claimed for.
I am going to accept this offer only stopping court proceedings when money is in account. With a definate donation for cag.
Can you have a read of the letter that they sent, to see if i'm tied in to anything.
Thanks.
Dear Mr broke as usual
Thank you for your recent letter. I am sorry that you have concerns regarding the charges that have been applied to your account.
We explain all of our terms and conditions including our fees and charges at account opening and they form the basis of your agreement with us. Full details are available at any time on our website and in our branches, and updates are sent out regularly to our customers. For your convenience, i am enclosing our current terms and conditions (including fees and charges) that apply to your account.
RBS has for a number of years provided many every day banking services to customers free of charge when accounts are in credit or within a previously agreed overdraft limit. These services include access to our branch network, cheques Direct Debits, Standing orders, uk debit card transactions and uk atm withdrawals. It is also important to us that our customers have every opportunity to arrange suitable borrowing facilities with us should they require extra funds whether through our branches, online or via our uk based call centres.
Whilst many of our services are provided without a corresponding charge, we do make charges when customers, by their actions, request an increase to or the creation of an overdraft in excess of their previously agreed limit. By reviewing such requests we provide an additional service to customers, in many instances allowing items to be paid either by creating or increasing an overdraft.. These charges can be avoided entirely by arranging suitable borrowing facilities in advance.
For these reasons, we do not agree with the basis of your complaint. We believe that the charges we levy are for providing services and that they are not penalties or charges for default.
Furthermore we believe that these charges are fair, reasonable and transparent.
However, having reviewed your case and as a gesture of goodwill and without admission of liability or error, in this instance we are prepared to offer the ammount of £3,654.00 paid direct to your account. This amount excludes any packaged account fees (e.g. Royalties, Royalties Gold or Royalties Premier) or interest paid.
To accept this offer in full and final settlement of your complaint please let me know by completing the attached form and returning it to us in the reply paid envelope provided. If you would like to discuss this offer please contact the number quoted above.
Any charges that properly accrue in the future will be applied to your account in line with our published tariff and in accordance with your agreement with the bank. Should you be unwilling to accept any such charges, then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may offer you a simple account that does not offer borrowing facilities or other services that can result in charges.
I trust this will resolve your complaint, however for the sake of completeness i am enclosing a leaflet explaining the options available to you should you wish to take matters further.
Financial Services Authority guidelines state that we can regard your complaint as closed if we do not hear from you within eight weeks of this letter. If you do need to take the complaint forward, please let me know within this time.
Sent letter back accepting offer, they said it takes about 10 days to be paid into account. Have also recieved notice of issue from court, the 14 day period ends on the 30th, and have not recieved anything from cobbetts as yet. So it will be interesting to see what happens this week. As thats all the time they have left.
Well,
no money has been paid into my account as yet. Got a letter from cobbetts and the court saying they are going to defend, which gives them another 14 days
Been trying to call RBS and chase up my cash, but nobody is answering the phone !!. The automated message gave out this web address for further info RBS: Test case - overdraft Charges – Update
If they made you the offer before 27th July ( i.e before the OFT served papers about the impending cout case ) then they "will" or "should" still honour the offer they made to you. So i say get chasing them up on the phone. Looks like you've won !
Cheers forest,
It's true what they say about trying to get money out of the scotts, i should know i'm married to one.
Managed to get through on there help line, after an hour, to be told that they haven't recieved my acceptance form, which is funny as it was sent back special delivery. told them this and put another in the post to make sure.
e-mailed sandy watts only to get an automated reply to say on hols for two weeks. There where two other contact names in reply and guess what, they are also out the office for two weeks.
Cobbetts have one week left to get there defence in and thats about all i can do at the moment.
Keep at it everybody, sounds like they are on the run at the moment. !!
just saying hello
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