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Thread: Vs RBS

  1. #1
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    Question RBS - Does it matter I am in England?

    I live in London and my current account mortgageicon (CAM) is domiciled in Glasgow Scotland.

    Does this make any diference?

    Can I proceed as per outline in this site?

    By the way. I thought that I may have had one or two charges over the years, not worth the effort - but I decided to have a look anyway. I was stunned when the total exceeded 2000.00.

    I guess I have been complacent in allowing this to happen, but I intend to claim ....AND .... donateicon 5% to the site originators.

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  2. #2
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    Default Re: RBS - Does it matter I am in England?

    As you are in england it is governed by English law, follow the guidelines set out in the FAQ's

    Good luck and keep us posted

    Natalie

    If you find my post helpful please click on the scales at the top. Thank you
    FAQ SECTION HERE

    Halifax Bank Claim filed and settled
    Halifax Credit Card settled
    Argos Store Card settled

    CCA requests sent to
    Halifax Credit Card
    LLoyds TSB Credit Card
    Capital One
    Moorcroft (Argos)
    NDR
    18/06/09
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  3. #3
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    Default Re: RBS - Does it matter I am in England?

    Natalie

    Thank you. My feeling that was the case, but reading the Scotland group notes I was confused when they refered to 750.00 limits.

    Thanks again.


    Mark


  4. #4

    Default Re: RBS - Does it matter I am in England?

    Quote Originally Posted by mark.wall
    ...I was confused when they refered to 750.00 limits...
    Yes, unfortunately the Scottish Courts have a much lower figure for their small claimsicon equivalent.

    However, as stated above, you can stick to English amounts....


    Best of luck

    ..

    .

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.


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  5. #5
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    Default RBS - new thread for my claim

    I have completed my claim letter and about to put it in the post. Started this tread post progress.

    Claim - 2129.00 + interst incurred on those charges of 159.64

    Total claim 2288.64


  6. #6
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    Default Re: RBS - new thread for my claim

    Bring it on

    Lloyds Current A/C DPA sent 7th May 2009 Closed and charges wiped Summer 2010.

    Barclays A/C DPA sent 4th June 2009: no reply, no correspondence as of 2011.

    Littlewoods Data Protection Act Section 10 sent 09/06/2006 - Fraudulent A/C closed and CRA data removed November 2006.

    HSBC Default & Debt wiped March 2009 (6 yr Statute barred reached)

    RBS - Claim 1 - Settled in FULL 766.00 20/06/2006.

    RBS - Claim 2 - Settled in FULL 777.95 08/09/2006


    BOS A/C No. 1 & 2
    Amount - 586.39 claim plus 8% interest
    SETTLED IN FULL 08/09/2006 - CHEQUE FOR 625.25

    Halifax Visa Data Protection Act Disclosure Received

    First Direct Data Protection Act Disclosure received
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  7. #7
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    Default Vs RBS

    Well first letter sent and recieved the RBSicon standard 'Dont agree, no refund letter' so will send follow up letter on 3/8/06 14 days after issue of first letter.

    Mark
    RBS -
    20/7 First letter 27/7 reply rcd nil offer
    4/8 LBA No reply
    15/9 Mony claim lodged 28/9 Recieved Notice of defence

    18/9 (last possible day) defence entered by Cobbets
    19/9 Defence bundle and CPR 18 recieved from Cobbets
    20/9 Allocation papers recieved
    20/98 recived notice of transfer to local court
    21/9 replied to Cobbets
    21/9 Completed AQ Due back 6/11
    10/11 recived offer of 1300.00 - replied no thanks.
    17/11 Allocated to Small Claims Track - Hearing 16/03/07


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  8. #8
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    Default Re: Vs RBS

    Quote Originally Posted by mark.wall
    Well first letter sent and recieved the RBSicon standard 'Dont agree, no refund letter' so will send follow up letter on 3/8/06 14 days after issue of first letter.
    If the bank have already responded, denying a refund, to your first letter then just sent the lbaicon immediately. You don't want to wait for your money do you?

    Also remember to add contractual interest.


  9. #9

    Default Re: Vs RBS

    3 threads merged. Please stay on 1 thread per claim, it will help us help you as your claim develops.


  10. #10
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    Default Re: Vs RBS

    Well have not ahd a reply to my lbaicon ,,, so on to the next stage. Any advice?

    mark

    Mark
    RBS -
    20/7 First letter 27/7 reply rcd nil offer
    4/8 LBA No reply
    15/9 Mony claim lodged 28/9 Recieved Notice of defence

    18/9 (last possible day) defence entered by Cobbets
    19/9 Defence bundle and CPR 18 recieved from Cobbets
    20/9 Allocation papers recieved
    20/98 recived notice of transfer to local court
    21/9 replied to Cobbets
    21/9 Completed AQ Due back 6/11
    10/11 recived offer of 1300.00 - replied no thanks.
    17/11 Allocated to Small Claims Track - Hearing 16/03/07


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  11. #11

    Default Re: Vs RBS

    Yep - FAQs.

    ..

    .

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.


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  12. #12
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    Default RBS defence - real help need please ......

    I have followed the procedures to the letter. RBSicon has entered a defence. I have received from Corbets (their solicitor) and extensive document asking very detailed and in some instances in my view almost impossible questions for me to answer. I have 10 days to respond.

    Has anyone reach this point that could help?

    The document is nine pages, bit too much to reproduce here ... and the questions range from ..

    The one that worries me is ..

    2.3 In relation to each charge please clarify 9A) is it the case of the claimant that same should not have been charged? (b) if yes: please explain why the claimant contends that the same should not have been charged? (c) If no; is it the case that of the claimant that the same should not have been charged in this amount? (if yes: please explain why the claimant contends that the same should not have been charged in the amount identified the sum the claimant contends should have been charged. (e) if no; please state the claimant's case.

    it seems like a trap.

    "In your claim you state that the banks charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law
    "
    4.1 Please specify the clause pursuant to which the charges were applied

    4.2 Please specify whether the charges applied were due to breach of contract by the claimant

    4.3 Please identify in each case the particular breach of contract(by reference to appropriate term of the contract that the charge related to.

    I am not sure what they are asking here. Are they asking for me to show where I breached the terms of the contract with RBS?
    OR are they asking where the common law terms were breached?

    Clause 6 asks "Please specify the facts relied on by the claimant in support of the contentions and in particular please identify the contractual provisions the claimant alleges by reference to UCTA/the regulations.


    There is heaps more .... pages of legalese ......................... .
    I understand that all this is probably a smoke screen to test my resolve but I am concerned that in some of the questions I could shoot my self in the foot.
    If anyone has experience this far would they kindly contact me and offer advice.

    Mark
    RBS -
    20/7 First letter 27/7 reply rcd nil offer
    4/8 LBA No reply
    15/9 Mony claim lodged 28/9 Recieved Notice of defence

    18/9 (last possible day) defence entered by Cobbets
    19/9 Defence bundle and CPR 18 recieved from Cobbets
    20/9 Allocation papers recieved
    20/98 recived notice of transfer to local court
    21/9 replied to Cobbets
    21/9 Completed AQ Due back 6/11
    10/11 recived offer of 1300.00 - replied no thanks.
    17/11 Allocated to Small Claims Track - Hearing 16/03/07


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  13. #13
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    Default Re: Vs RBS

    You've been stung by the classic "CPR part 18icon Request" from Cobbetts. Rather than me going into this in detail here - it's been discussed frequently on other threads - try a search on "Part 18" and see what you come up with. The general consensus is that if your claim is under 5,000 and likely to be allocated to the small claimsicon track, you are under no obligation to answer these Requests in full. Rather than not answering them at all, you should fire off a letter to Cobbetts - some threads have suggested templates of letters.


  14. #14
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    Default Re: Vs RBS

    Thank you.
    Will do the search straight away.

    Mark

    Mark
    RBS -
    20/7 First letter 27/7 reply rcd nil offer
    4/8 LBA No reply
    15/9 Mony claim lodged 28/9 Recieved Notice of defence

    18/9 (last possible day) defence entered by Cobbets
    19/9 Defence bundle and CPR 18 recieved from Cobbets
    20/9 Allocation papers recieved
    20/98 recived notice of transfer to local court
    21/9 replied to Cobbets
    21/9 Completed AQ Due back 6/11
    10/11 recived offer of 1300.00 - replied no thanks.
    17/11 Allocated to Small Claims Track - Hearing 16/03/07


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  15. #15
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    Default Re: MGW Vs RBS

    Have now completed the Allocation questionaire 149 (small claimsicon) .... It came with a notice of transfer to the closest court to me (Woolwich) which is good news, just in case.

    I have also replied to Cobbetts giving them the basics od account number and complete schedule of my claim. I did not respond to the CPR part 18icon request.

    See what happen next. The costs are now up to 220.00 so when they do settle they have gone backwards by this amount and Cobbetts cost. Strange how sometimes they settle and others they make you jump through the hoops. Seems they test the water every now and again to see how serious some people are.

    I must state I did panic when the CPR part 18 arrived and I would like to thank those that help, advised and supported.

    Mark
    RBS -
    20/7 First letter 27/7 reply rcd nil offer
    4/8 LBA No reply
    15/9 Mony claim lodged 28/9 Recieved Notice of defence

    18/9 (last possible day) defence entered by Cobbets
    19/9 Defence bundle and CPR 18 recieved from Cobbets
    20/9 Allocation papers recieved
    20/98 recived notice of transfer to local court
    21/9 replied to Cobbets
    21/9 Completed AQ Due back 6/11
    10/11 recived offer of 1300.00 - replied no thanks.
    17/11 Allocated to Small Claims Track - Hearing 16/03/07


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  16. #16
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    Default Re: Vs RBS

    Well, time marches on. Settlement offer received and rejected. I have reached the point now where I would really like to take them on in court because I am confident that I could make an educated and coherent argument for my position. I have worked out that my maximum over limit was 250.00. So if they had not taken the first 5 charges I would never have gone over limit later in the account history. The reality is that 95% of the charges were made because of 5% of the charges having an effect on my account. I was tempted to ask them for more to settle but thought better of it and would be happy to get my money back.

    Mark
    RBS -
    20/7 First letter 27/7 reply rcd nil offer
    4/8 LBA No reply
    15/9 Mony claim lodged 28/9 Recieved Notice of defence

    18/9 (last possible day) defence entered by Cobbets
    19/9 Defence bundle and CPR 18 recieved from Cobbets
    20/9 Allocation papers recieved
    20/98 recived notice of transfer to local court
    21/9 replied to Cobbets
    21/9 Completed AQ Due back 6/11
    10/11 recived offer of 1300.00 - replied no thanks.
    17/11 Allocated to Small Claims Track - Hearing 16/03/07


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  17. #17
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    Default Re: Vs RBS

    Well I have now recieved the Notice of allocation. Set for the Woolwich court for March 2007. Just a wait now, it is going to be a long 4 months. If any further offer is to be made I think it will be at the eleventh hour, as this seems to be Cobbets methods.

    Interesting notes.
    Judge Backhouse in reviewing the papers issued the following directions:
    "(1) CPR18 does not apply to small claimsicon. The court nothing that the Claimant has provided to the defendant his account details and a schedule of charges claimed, the court does not think it appropiate to order the Claimant to provide futher information(CPR 27.2(3)). The Claimant is not obliged to answer the defendant's request for Further Information dates 18 October 2006".

    As you will note from ealier posts I did not answer and return the CPR18 because of advice recieved from the site.

    Mark
    RBS -
    20/7 First letter 27/7 reply rcd nil offer
    4/8 LBA No reply
    15/9 Mony claim lodged 28/9 Recieved Notice of defence

    18/9 (last possible day) defence entered by Cobbets
    19/9 Defence bundle and CPR 18 recieved from Cobbets
    20/9 Allocation papers recieved
    20/98 recived notice of transfer to local court
    21/9 replied to Cobbets
    21/9 Completed AQ Due back 6/11
    10/11 recived offer of 1300.00 - replied no thanks.
    17/11 Allocated to Small Claims Track - Hearing 16/03/07


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