Jump to content


  • Tweets

  • Posts

    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Stuart V Rbs


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6385 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all,

 

what a truly exceptional web site the thought of getting one up on my bank is great. I have been reading for a few weeks now while waiting for my statements to come through. About getting my statements I phoned up my branch and requested them over the phone they seemed happy to oblige and received them in 4 days time:). I do have a few questions to ask i have read the FAQ just needing clarification if possible.

 

1/ I live in England account with RBS held in Scotland I received 6 years statements can i claim 6 years or just 5 considering situation?.

 

2/ My statements I have allot of charge to a/c is this because a always using my over draft and can I claim it back.

 

Any advice would be so helpful,

 

Thanks in advance.

Link to post
Share on other sites

If you live in England you can claim back the 6 years, you can claim for any charges like returned DDs/ unpaid cheques etc

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

Link to post
Share on other sites

Thanks for the feedback so i guess i can claim back rbs statements only??

 

CHARGE TO A/C

REFERAL CHARGE

UNPAID DD CHARGE

CARD MISUSE POS

 

if so i am shocked on how much thay have charged me £3,855.30 that includes interest no wonder i am skint all the time.

Link to post
Share on other sites

Well to heck with it i have just sent off my Preliminary approach for repayment for £3300.40 plus £555.63 in interest total £3856.03. I sent it off to the bank manager at my branch in Scotland even though I live down south I have never transferred my account over. Will keep use all informed I am expecting the usual fog off letter I just can’t see the RBS rolling over. I have a large overdraft with them so this would help clear it off I will have to wait and see

Stay safe out there

Link to post
Share on other sites

  • 2 weeks later...

well Received a standardised fob off letter from Tommy McLean today which was quick!

 

"We believe our charges are fair...blah,blah,blah"

 

Basically **** off!!!!

 

I'm going to stricktly keep to my timetable, sending off the LBA in two days?? i think i am going to send it to the branch as i done with the first letter it seems to find its way to customers services, LOL

Link to post
Share on other sites

  • 2 weeks later...

Well sent of my LBA letter on the 21st received a letter from bank manager two days later saying they are in looking into it , thanks you for bringing this to my attention Balh Blah Blah and they would get back in touch with me before the 4 August surprising that’s when my 14 days are up LOL , well fingers crossed.

Stay safe out there!!

Link to post
Share on other sites

  • 2 weeks later...

There offer i am currently claiming £3,300.40 without interest YET. Got a letter from the bank manager yeterday on the day my LBA was up, offering £625. I really could do with the money but the hell with it, i am not going to accept it. Drafted or copy and pasted a decline offer.

please see below any input would be greatly appreciated.

 

 

Thank you for your offer of (625.00), dated (04/08/2006) with reference to the full and final settlement of my claim. My Claim is for the total of (3,300.40), for accrued bank charges.

 

You have stated, within your letter, that this is your final offer.

Nevertheless I am willing to accept your offer as partial settlement of my claim and will commence with legal proceedings to reclaim the remaining amount.

As you will be aware, my claim at that time will include interest pursuant to statute (under section 69 of the County Courts Act 1984) and court costs. Should you wish to settle my claim in full to the total of (3,300.40 – 625.00 interim payment) before the 14th August at 4pm, I will not commence with these court proceedings.

 

I am entirely confident that the charges imposed by yourselves, RBS, are unreasonable and have been deemed unlawful by the OFT. I believe a court would agree with this statement.

 

 

Yours faithfully,

 

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

I have a few questions for the experts out there Please :D .

 

1, My branch is in Scotland i live in England I have read a few posts were people have been having trouble submitting a claim via the money claim portal as the address is out with England any idea’s or recommendations.

 

2, I expect the RBS to withdraw there offer of £625 and not pay an interim payment as it would show them liable for the whole lot?? am i correct in thinking that.

 

3, How much does the court fees cost

 

4,How long does it take.

 

Thanks in advance :D this forum is a great read beats the TV lLOL

 

Link to post
Share on other sites

  • 5 weeks later...

Well my next step was the court but due to finacial problems had to wait to the end of the month. So on the end of the month came and funny enougth i recieved a letter from Tommy mclean??, surprise surprise.

 

After looking at my account which they believe they have conducted in a fair and reasonible manner they are now decided to offer me £1742.00 do i accept or not ??

 

1, The time court action takes

2, More money i have to fork out court costs

 

 

any advice would be gratefully

 

Thanks in advance

Link to post
Share on other sites

I would go for the lot, it's your money afterall, but I suppose it depends on your circumstances. Most banks seem to offer the same amount twice as always say final offer etc, I wouldn't want my bank to see me as a pushover in future I remember many a phone call asking them to extend my O/D to cover charges, me begging a bit and I really regret I didn't know about this site sooner. So I am unwilling to accept partial offer of a refund, NO WAY, they acted unlawfully and we are within our rights to get our money and some expenses back.

 

Court times vary a bit, especially if there is a stay. The time limits are all available on this site, as are the standard defences banks put in. Good luck

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

Link to post
Share on other sites

I read this earlier and I think it is a good guide to a claim

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/1777-mjanet-lloyds-unconditionally.html

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

Link to post
Share on other sites

Thanks for getting back to me, I have decided to file a claim i have a few questions hopefully some one will be able to answer:) please

1,I contacted my branch a few months ago but since then they have added a few more charges to my account i know you can add them to your claim but this bring me over the 6 years Limitation Act can i still claim for them or do a separate claim ant help much appreciated.

2. My branch is in Scotland I live in England I found this address on this site is this the right address so I can use it on my claim.

Group Litigation, RBS

1 Princes Street

London

EC2R 8PB

:-|

Link to post
Share on other sites

Sorry i forgot something regarding interest,

 

Claim £3,470.40 this includes the recent charges but takes me over the 6 years limintations

 

Interest (Spreadsheet used) £600.92

 

Daily interest = .76p does that sound right 3,470.40 x 0.00022

 

thanks in advance

Link to post
Share on other sites

Hi Stuart

 

Id include the addditional charges and see if they knock them out of the claim at a later date. i.e when they settle.

 

Interest sounds about right.

 

Group Litigation address is ok!

 

RBS seem to be paying loads out at the minute!!

 

Any more questions just post....

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

Link to post
Share on other sites

the six years runs from when you found out about unfair charges......so I would class the six years from when you received your statements! anything later added on is ok (I think)

 

dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Thanks for getting back to me, i decided to file a CLAIM, done this morning for a nice some of just over £4000. Seemed straight forward enough so I guess I have to wait. for Cobblets again thanks J. I will keep use all updated

 

Ps:If anyone has any tips for up and coming cobblets letters!!!!

Link to post
Share on other sites

Cheers for that LL,:D

 

surprisingly, Cobblers seem to have gone quiet over my last letter......:-o

 

We'll wait and see what drops on the door mat next, a cheque hopefully!!:D

 

BC:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

Link to post
Share on other sites

hi Col my letter was pretty much the same as yours, as i copied yours:D i too have not recieved any more letters from them.:???: i have spoken to Lynsey to confirm she recieved my letter fax and e mail, just thought i would bombard her with the info. she said they require nothing else from me. The AQ date is up on the 13th so a cheque soon too i hope.

 

I have just asked rbs to provide me with all my statements from 1988 to 2000 thats next:D :D

Link to post
Share on other sites

Hmm,

 

best of luck with that one!

 

BC:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

Link to post
Share on other sites

Hi all,

 

I have just received an acknowledgment from money claim the papers will be deemed served on the 12th Sept and should be acknowledged by the 26th, am I right in thinking I have to wait before sending a list of charges including covering letter to the court (Northampton) and I suppose this would include a breakdown of the charges or am i way off on this one .

 

Many thanks in advance:)

Link to post
Share on other sites

Yeah, just hang on until the Court asks you for stuff. You'll probably get a request for more info from RBS through Cobblers along with their defence. Once you get that then the ball starts moving. But you don't have to provide any more information to Cobblers/RBS unless the Court requests it, so when you get the request through come back here and we'll point you in the direction of a letter template to send them etc etc.

 

RBS will wait until the last hour before they put in their defence so be prepared for a long wait!

 

Wxx

Link to post
Share on other sites

  • 2 weeks later...

Hi all,

If you have read the rest of the thread you know i filed my small claim, they acknowledged it on the 14th of September, and now I have received a letter from Tommy Mclean saying they will settle in full, £3,300 :). But my claim now it has went to court is for £4,192.08 (It has went up because I have received a few more charges and off course interest)

1, If I accept this and sign the bit of paper saying that OUR TERMS AND CONDITIONS WILL CONTINUE TO APPLY AND ANY FUTURE CHARGES, IN THE ABSENSE OF BANK ERROR , WILL STAND. Can i make a claim for more charges that I have received the other week ie:£200 next time

2, If I don’t accept how long can this go on before I see any of MY money.

3, regarding the interest I think I have made a mistake I have under cut my sef by in the spreadsheet it says £618.48 and on the money claim web site it says £601.68 I don’t know if it was a typing mistake but is possible the bank lawyers can make a meal of it to get it flung out of court ????

Any help would be greatly appreciated

Link to post
Share on other sites

Stuart,

 

it's up to you now, you can accept their payment and still go after them or you can thank them for their offer and state that as it is now £XXXX you want the full issue. However, you will only get what you asked for via MCOL unless you ask the Court to consider the extra charges and interest miscalculation. You will need to fill in an N244 form (from the HMCS website) and submit it to the Court for consideration. This will cost you £35 which you cannot claim back.

 

The ball is in your court, you could:

 

1. Accept the offer and still go after them for the rest (can't rememeber whose thread the advice was on but the can make you sign anything they like about full and final, but it has not (real) legal standing.

 

Or

 

2. Refuse their offer, stating that you now require £Xxxxx and informing them that you will be submitting an N244 to the Court for consideration.

 

Or

 

3. Accept their offer wholesale and move on. (Not my choice of option!!)

 

Sup to you!!

 

BC:smile:

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

Link to post
Share on other sites

My personal option would be no.1

 

they seem to have offered to settle for what you originally asked for.

I would accept this, but not sign anything limiting your ability to further sue (advantage, the money is now yours in a short space of time)

 

if you went to court they could put in a defence that they HAVE offered you what you asked for and you refused it

 

I would then start again with all the new charges

 

just my opinion

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...