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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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I'll try to make this short;

I've got 2 accounts with RBS and all was well until I lost my job( can't find it anywhere) then started getting charged so went into bank got charges refunded and cancelled dd's, ok all good so far but it turns out that 1 dd for each account didn't get cancelled(i told them to cancel all of them!) this week i went to check if benefit have gone in (2 months arrears for me n G/F) but 1 account showed £114 o/d other had benefits in less £38 charge,went in bank and asked about them 1 account had been moved(£114 od) so spoke 2 man on phone (banks of course) and he agreed to refund charges,other account had to make appointment to see manager next day.Went next day and explained to him that they'd not cancelled dd's as i asked, then took unlawful charges out of benefits that i'd been means tested for and was the minimum the law says we need to live on and not to pay unlawful charges with, and that as the benefit is for myself and G/F they have took some of her money to pay my debts(showed him evidence to prove this) he said that he'd look into it and see what he could do.next day i took Data Protection Act in and got receipt. Anyway letter came this morning saying the usual that there fair and wotnot offering the £114 back as full n final settlement to ALL claims i might have regarding charges, of course i'll refuse but these where the charges that they'd already agreed to refund on their phone, and in front of a member of their staff,my question is can they go back on a verbal agreement like this?:confused:

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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They can't charge penalty charges but they do, so who can say what they can and can't do. I would suggest that you write the usual preliminary letter but add that you accept the money they have offered as part payment. They may or may not pay it now, but you should get it in the end anyway.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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hi I need help with letter to bank most of it's standard fot this site but i've added a bit of my own and borrowed a bit off alanfromderby(sorry i'll give a back later) if i've boobed will you let me know? if it's ok i'll take it in tommorrow:D

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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sorry forgot to post the letter(i'm over excited)

Thank you for your letter dated 12 july 2006 and i must say that i'm suprised that you have now applied conditions to the refund that was already agreed with your bank in a telephone call with your bank 06/07/2006.I will not accept any conditions to any refund whatsoever.Having stated that I will accept the offered refund as partial settlement but reserve the right to persue any action I deem appropriate regarding any unlawful penalties levied on my accounts weather new or old.

In your letter you say that you charges are fair, reasonable and transparent,in that case I would like to request certified proof of the actual costs you have incurred due to my admitted breaches of contract, I ask this in the hope that your"fees" and your bank really are as "fair, reasonable, and transparent" as you say you are in your letter.

 

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require

I calculate that you have taken £114 from my account

I enclose a schedule of the charges which I am claiming with this letter

Additionally if you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

In addition to full payment of the sum mentioned above, I require that you remove any default you may have entered from the register. Please note that mere correction or amendment to any entry will not be acceptable.

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

Yours faithfully

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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BUMP

 

it look ok to me but could do with someone who knows more to have a look

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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HELP PLEASE AM I OK TO SEND THIS, I DON'T WANT TO MAKE A BOOB NOw

 

 

(bump) sorry

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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I am rather confused by your posts. Can you post the letter from the bank so that we can see what it says. From what I made out they verbally agreed to repay you, but then made conditions when they wrote. I can't really understand why you are refusing to settle if they are offering the full amount. I think I must be missing the point somewhere.:|

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Their letter said that i've got to stop all my claims against them(DPA'd 3 accounts when they refused to refund £38) AND any future claims i might have, they'd offered refund from different account of £114 but then the local branch manager got involved even though they said that account had been moved to head office and it was them that offered the refund and added these conditions. He's really got my back up by interfearing with this refund and theres no way i'm EVER going to give up my right to claim my money back. today got a letter threatening court action if i don't pay the charges within 7 days, now i know this is just a scare tactic and will tell them that both accounts that are open are in dispute and to stop any threats/action against me,what i'm really asking is, is the above letter ok.

 

sorry for being confusing but i hate typing:rolleyes:

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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I've now added this paragraph I have also made it plain that I do not want any telephone calls only letters, yet this morning recieved a letter saying that you have been trying to telephone me for several days, so i will say again NO TELEPHONE CALLS ONLY LETTERS, also i would like to inform you that I dispute that I owe any money for the following accounts ******** and ******** and would therefore ask that you stop any actions that you may thinking about, I will send full details of these disputes as soon as your company has complied with my subject access request under the DPA 1998 dated 10/07/2006.

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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sorry for being confusing but i hate typing:rolleyes:

Fair enough, but without knowing what has been said it is hard to help.

 

OK here goes.

 

The process is quite complex and you need to stick to it as far as possible. I suggest the following:

 

1.You send one letter which is just the first paragraph of your draft accepting the refund but without the conditions. DO NOT ADMIT BREACH OF CONTRACT. Wait and see if they pay it back.

 

2.Do a schedule of charges for each account that you want to make a claim for.

 

3.Prepare a standard Preliminary Request letter. As long as the total is not over £5,000, one letter will do to cover all accounts. Make sure the account numbers are all on the letter. If they pay you the £114.00 do not include this on your letter. If they pay you, do not include it on the prelim letter.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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thanx caro it's just a bit confuing have the bank offering me a refund before i've even got a claim together properly, didn't know how to handle it but now i do so thanx again:-D

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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No probs. Any problems come back and ask. If it gets confusing just look at each issue seperately and think how to handle it, and then on to the next issue. It has to be simple for my simple mind I'm afraid.:p

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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COOL thanx for all your help it's:D nice to know that theres someone else out there that cares

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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  • 2 weeks later...

14 days since prelim letter are up tommorrow so just getting LBA ready to take in :D .I'm going for the contractual interest at RBS rate of 29.84, so my claim will be for; £114 + £3.81 =117.81 + daily interest of £0.09 lol.

I know it's not much but it will be interesting to see how they react to this! should help with my main claim when i get the dsar stuff back!

will keep you informed how i get on

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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quick update, I took my LBA into bank today 14 days after prelim, when i got home i'd received a letter of RBS offering me a full refund but i had to give up my right to claim of them again!( same as their first offer) needless to say i won't be accepting;). Also in the mail i received statements for 2 accounts, only 16 days after i sent SAR:o amazing. i've not added the changes up yet but i'm in no rush because i want to see their reaction to me claiming contractual interest on this first smaller claim:D . the way i see it is if they pay the contractual rate on this first claim then they'd have a hard time refusing it on my next claim! LOL

will keep you posted

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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You could always accept the offer, but they can't prevent you from claiming any further unlawful charges. That would be unlawful and you could not be bound by it. If you want to hold off for the contractual interest then accept the offer as partial payment but make it clear that you will pursue the rest.

 

Hope that makes sense.:rolleyes:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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thanks but its too late now, the Lba was already sent before the offer arrived. to be honest i want to see this through to the end just to see their reaction to the contractual interest i've added, as my girlfriend is claiming a much larger amount using the contractual interest rate too. Oops! I'm logged on as my girlfriend! sorry if i've confused anyone!:oops:

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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What percentage have you added for cont interest ?

 

Did you make them aware from day 1 that you were claiming CI?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi all,

Martin I claimed the unauthorised borrowing rate of 29.84% it's only a small amount (£3.81 + 9p per day) but every little helps:rolleyes: .

 

I've just wrote this letter in response to theirs,let me know if it's ok?

 

Thank you for your letter dated 01/08/2006, As I stated in my previuos letter I am not willing to accept your offer of goodwill gesture of £114 as you've once again put conditions on it which would have me signing away my right to ever claim back your unlawfully levied penalties. I'm amazed that you would think anyone would ever do that?

You should now have received my LBA (letter before action) and in it you will note that the amount has been gone up slightly due to interest.

I'll await your response to this in the hope that we can resolve this matter amicably, without having to waste valuable court time

Yours faithfully

I'd really like to put in something like " The conditions you have tried to get me to agree to are unlawful" or something like that? any help would be great:-)

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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Hi all,

Martin I claimed the unauthorised borrowing rate of 29.84% it's only a small amount (£3.81 + 9p per day) but every little helps:rolleyes: .

 

I've just wrote this letter in response to theirs,let me know if it's ok?

 

Thank you for your letter dated 01/08/2006, As I stated in my previuos letter I am not willing to accept your offer of goodwill gesture of £114 as you've once again put conditions on it which would have me signing away my right to ever claim back your unlawfully levied penalties. I'm amazed that you would think anyone would ever do that?

You should now have received my LBA (letter before action) and in it you will note that the amount has been gone up slightly due to interest.

I'll await your response to this in the hope that we can resolve this matter amicably, without having to waste valuable court time

Yours faithfully

 

I'd really like to put in something like " The conditions you have tried to get me to agree to are unlawful" or something like that? any help would be great:-)

 

 

 

I am unable to agree to the terms you lay down,since this would clearly prevent me from exercising my rights to address further penalty charges,should these be applied at a later date.

 

That ok ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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yep cheers for that :)

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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sorry done it again! still signed in as my G/F. she keeps beating me to computer, then I forget to sign her out and me on;) yep where nearly fighting to be on it first lol, really addicted to this site!!!

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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Ha ha..........now you explained I understand !!

 

Yep addictive you are dead right..................cant be a bad thing having fun,getting a bit of knowledge, and preparing for a nice little windfall

 

 

:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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yep lovin it!!!!!

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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