Hi

I claimed a repayment of charges which came to £220 and have been offered £80. I have rejected this and sent the Letter Before Action which produced the same offer of £80. I am now about to start the Money Claim Online process. Can any of you tell me how they have got on at this stage and beyond? I would be very surprised if RBS would contest the case given the small amount.

Thanks

my claim is for considerably more but i recently filed MCOL - RBS acknowledged and asked for 28 days and have just submitted a defence (27th june ) - through their solicitors Cobbetts who are now asking for more info - on searching the site this is not uncommon but it is a bit scary!

good luck

Which address should I use for MCOL? So far I have been writing to Customer Services in Southend? Thanks

I used the address of my local bank (my claim is against RBS bank), if I were you i'd continue to use the one you have.

good luck

Hi Chris,just wondering what address you used for your dpa letter,just going to go after mint after thinking about it for some time,cheers.

I used the Customer Services Dept which is:

Cards Customer Services

PO Box 6050

Southend on Sea

SS99 1WL

They replied reasonably quickly but from my experience so far (and that of others looking through this site) is that they initially offer to repay the difference between their old charges and the new £12.00 charge, so this will equate to an offer to pay back about one third of your claim. I rejected this offer and then sent the Letter Before Action which came back with the same offer. I am now about to submit a claim through MCOL. It would guess that you will automatically get the same first offer that I and others have had, but I have not seen any how MINT (RBoS) have reacted once a claim to the coursts has been submitted; any links would be appreciated!

I'm a bit confused about what interest to add to my court claim. Could some one please advise??

-Initially I simply asked MINT for the charges to be repaid without any interest.

-Can I at this stage now add contractual interest and compound it (I was going to use 16.9% which others seem to have used)?

-The account was closed a couple of years ago so do I calculate up to the closure date or up to today?

-After calculating this, can I then also add the 8% statutory interest?

Your words of wisdom would be appreciated!

Hi Chris

I've just sent off my prelim letter to Mint today.

Like you I'm going to add contractual interest (16.9%) but you don't do this until you go to court. I would say you claim up until today as they still haven't paid you the money back so it's only fair they are charged the interest until they finally refund you.

No you cannot charge the statutory 8% on top of that. It's either contractual or statutory.

Good luck!

Well, I have submitted my claim via MCOL this afternoon

Im at the same stage, had one offer of about a third, sent LBA and then got the same offer, so doing MCOL next week as soon as im paid.

According to the MCOL website my claim has been accepted and issued against RBoS so now they have 14 days to do something.

I have now had an acknowledgement of the claim from the court and RBS have indicated that they will defend the claim.

Good Luck with it Chris, i know this point has passed, but as far as i was aware, regarding the interest, it was only bank accounts that you had to wait for Court before adding interest, you can ask for contractual interest from the beginning of a credit card claim

I might be wrong but i dont think i am and have claimed contractual interest from day one on all credit cards ive done

I added contractual interest and with the court fee it has nearly doubled the amount of the claim. The claim has been acknowledged by RBoS and they have said that they intend to defend the claim. I can't imagine that they are going to send a solicitor out into the sticks to defend a claim for a couple of hundred quid.

What I have struggled to find on this site is examples of what MINT (RBoS) have done previously with smaller claims like this. Has anyone found any examples??

Best place to look is the RBS successes forum, once there, click SEARCH THIS FORUM and search for MINT. Should be plenty of other claims in there

Just to follow on from Wed's point, I wasn't aware you had to wait until court to claim contractual on a bank account?

It's statutory interest that can only be applied at court stage - the 8%.

To be honest I am not 100% sure either way. From what I have read, I understand that you can only claim Statutory Interest (8%) at the court stage but that you can claim contractual interest when making the initial claim from the bank or credit provider but that you cannot claim both. With my claim against MINT I added intrerest at the prevailing rate which was 16.9% and compounded it from the date the charge was applied up until the month of the claim.

Yes that's correct, the point I was making was that you can do this with bank accounts too.

Nearly there, received a cheque which was meant to be in full settlement of charges plus interest and the court fee. Unfortunatley somebody at RBoS can't add up and it is £20 short so I will be asking for that as well before withdrawing the claim from the court.

chris - forgive me if this is a silly question but did RBS submit a defence? how come they seem to have settled so quickly - I've got untill 31st july to submit allocation questionaire - did yours get this far or not?

thanks

RBS responded straight away to the MCOL by indicating that they would defend the claim. I would imagine that this is an automatic response as it gives them more time to assess each case. A coupe of weeks later, RBS's offer letter to me (and also confirmaed during a conversation that I then had with the person handling the claim) stated that it was not economically viable to do anything other than pay it in full. The person handling the claim said that he would not even be checking my interest calculations because it was just easier and quicker to pay up than spend any more time over it (the whole claim was for less than £300).

They almost certainly have a monetary threshold or certain criteria where they will defend, make life difficult, use a solicitor or indeed go to court but my claim clearly fell below these levels.