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barneybubble

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  1. Lets see the colour of their money first! Letter of acceptance of tomorrow. No mention of accepting the charges being applied NOW are just!
  2. Thanks again Hedgey. Tell your husband you probably are. Lancasterchelsea I will keep posting.
  3. As they would say on Blackadder, "you are a wise woman" Hedgey!
  4. A thought before bed. If I used the interest charger I could be apprx £400 short. Do I say I want EVERY PENNY WITH COMPOUND INTEREST?
  5. Thanks Lancasterchelsea. I will keep you posted and keep upto date with you case. GOOD LUCK. I will keep posting on this one. My other thread is Barneybubble Vs RBOS (1) £7775.00 Hedgey i could still do with your final advice!
  6. Good to hear from you Hedgey. I believe that they are offering to pay all of the penalty charges on the business account. NOT any extortionate charges for banking with them. I think the personal account has now become the one to chase and need to change my POC before stay is lifted or decission by court case, just in case. THANK YOU FOR YOUR HELP. Do you have a link to a template for a personal account POC?
  7. My banking is direct dial "royline" that I dial directly into the bank not through the internet. It seems that every time I pay a CHAPS (by pressing the send button on the computer I am charged £10. Excesive? It is something that I use a lot. Wages etc. I have now added up the REFERAL and UNPAID charges on the personal account and these add upto £4600 PLUS interest. I have taken out the monthly charges to both accounts on the quoted figures. Were to from here. The personal account is stayed,but the business account I am awaiting the defence. Do I settle on the Business now that I ave taken out the "online" charges and monthly fees?
  8. Right here is the news. Its seems that those charges for REF and UNPAID total £1400 plus interest. The other £9k is made up of approx 70% for online banking and 30% for monthly charges. All on an occount with only £1k overdraft facility! Your thoughts are really needed now!
  9. Thank you both for your replies. I am now sitting down going through my business statements and schedule of charges. Could be a while, but not going anywhere
  10. OK today received an offer from Cobbettts. Hedgey if you could have a look at this it would be great. WITHOUT PREJUDICE Dear Mr ***** Our Client: Thr Royal Bank of Scotland Claim No: ********* We refer to the above matter and your claim brought in relation to business account number ******* and sort code ******. 1. Business Account Charges, Overdraft, Overdraft Arrangement Fees, Bankers Draft Fees and Online Banking User Fees ("Servicde Fees") You allege in your Particulars of Claim that the various charges outlined in your schedule of charges amount to an unenforceable penalty under the common law. In order for such a legal argument to be successful, you must plead and provide proof that you defaulted under the Terms and Conditions ("the Terms and Conditions") relating to your account, and the result of that default was that charges were payable by you. With reference to the above, we wish to point out that the business account fees in the sum of £****.** applies to your ******* Account during the period 17 April 2001 to 14 March 2007 were properly applied in accordance with the terms and conditions and not pusuant to a purported breach of the terms by you. These business account charges are applied to your account on a monthly basis in consideration for the Bank providing transactional services on your Account. This is evidenced by the documents in your bank file. This is also the case in rewspect of account fees in your schedule in the sum of £****.**, which were applied to your account for using online business banking services, or Royline as it is known. When registering in 2001, you agreed to the terms and conditions, including the payment of fees for the transactional services used, such as CHAPS payments. We have a copy of your billing report indicating the transactions for which the charges were levied. Similary, the overdraft arrangement fees of £***.** applied during the same period were also properly applied in accordance with the terms and conditions on your account. These fees were debited from your account in response to either a request by you, or an offer by our client, for the provision or renewal of an overdraft facility. These arrangements are evidenced in documents provided to us by the bank from your bank file. At no time were these charges applied to your account in response to a breach in your terms and conditions by you. The same argument outlined above applies to the imposition of fees for the provision of banker's drafts and for stopping the payment of cheques. These services were provided at your request, and not in relation to a purported breach of the Terms and Conditions. In light of the above, our client believes that your allegation that the Service Fees applied to your account are unenforceable penalty charges would not be successful in Court. These fees were not applied as a result of a breach of contract on your part but in consideration for the provision of various services to your by our client. It is these reasons that the Services Fees you have sought to be recovered have not been included in our client's goodwill offer to you. 2. Unpaid Item Fees, Paid Referal Fees & Higher Rate of Interest Applied to Charges ("Overdraft Charges") However, as a gesture of goodwill, our client is prepared to settle the elements of your claim relating to Overdraft Charges on a non-admission as to liability basis and offer you the amount of £****.** in full and final settlement of that part of your cliam. This settlement offer has been calculated according to the following: **ACOUNT NAME** a. Overdraft Charges £****.** b. Statutory Interest (8%) £***.** c. Court fee £250.00 Should you accept our clients goodwill payment, it will be strictly on the basis that: 1 you agree not to disclose to any third party the fact of, or any detials relating to, this payment; 2 you write to the Court withdrawing this element of your claim. Please note that any Overdraft Charges that properly accrue in the future will be applied to your account in line with our clients published tariff and in accordance with your agreement with our client. On confirmation of acceptance, we will arrange for cheques in the settlement figures to be forwarded to you by special delivery. The cheques should be received one or two days after notification of your acceptance. We look forward to receiving your response........... The offer is approximately 20% of the total amount claimed. I would be really appreciative of your advice.
  11. OOOPs, Sorry Hedgey. I'm calling you Barney, that me! what chance.....
  12. Ah Hello Barney. Thanks for your support over this. I should ask and it probably will seem stupid, but at the time of my initial request for payment all of the charges were within the six year period. Now that time has passed the older charges are older than six years and I now have more charges. I assume that the charges that are NOW over six months old will be Ok as Im made my request along time ago, BUT should I be thinking about the latest charges being added to this claim or put one to bed first and then take them to task again?? What do you think. By the way good luck Lancasterchelsea!
  13. Its good to be back too! I have waited until the stay was lifted (probably nieve) to change the PoC but have filed with the court today and paid the fee. Awaiting decision from DJ, then send off to Cobbetts. Hear soon (hopefully). It will then be time to make sure I have the correct pack ready, and will really be looking for help!
  14. Hi Lancasterchelsea, my stay was lifted yesterday so now am awaiting the defence. (Sorry for not updating earlier, especially to Hedgey, sort of been waiting). As soon as I hear anything else I will post it. Thanks for patience
  15. Hi Hedgey, thanks again. Will amemd as directed. Do you know whether I can do the changes even before the stay is lifted?
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