countrybake v rbos

countrybake · August 12, 2006

Hi al i am now going for it

just a few questions though.

1/ i have kept all of my statements from when i opened my account in 1997 to now so do i still need to ask for the charges occured with £10 letter.

2/ can i claim back further than the 6 years because i do have the statements, and they are not required to send statements past the 6 years, or just easier for the first 6 years for the first payout.

3/ confusion on my charges i have a royalties gold account now and the charges are £15 / month but done as a £12 and a £3 charge seperately and if the account has had charges these would change for example the last statement £40 and £13.60 can the excess of £28 and £10.60 be claimed back.

4/ in the early months of last year i was in trouble had loads of charges and i phoned to have the charges took off i had £1100.00 worth took off could i say this was for charges prior to the august 2000 charges which i have a few or could they say no this is off this claim which is £3,500 plus £500 interest total £4,000.

sorry for so many questions but i want to get it right thanks in advance

countrybake:-)

penquinabuser · August 13, 2006

Hi countrybake,

Hope to help a bit with your queries if pos,

so, by the numbers:

1/ If you have a complete record of your charges, then you don't need to send away for any duplicates and you're already one step ahead - just that most of us tend to have a month missing here and there, or throw our bank statements in the bin in disgust/despair as soon as we get them.

So, what you need to do is - get them in date order and check through to make sure no statements are missing, use a highlighter to mark all the charges (including monthly service ones - mark beside these the excess amounts the bank has charged over and above your usual monthly charge).

2/ Initially only claim for the previous six years, (five in Scotland:mad:), as charges further back than this come under the statue of limitations - there may be a route to claiming these back but it would be far more complicated and as far as I know hasn't been tested yet - see faqs

3/You can't claim the monthly charges on. for example, your Royaties Gold ac as these are agreed service charges, but you can claim back the excess penalty charges the banks apply on top of them and which they try to disguise by taking at the same time - see point 1/

4/This is an interesting point! :confused: If the problems and refund had happened a few years ago (like 5) rather than last year then you might have been able to link them to charges occurring outwith the period covered by the statute of limitations, as it is I think you would come unstuck rather quickly if you tried to claim this;)!

So, once you've got all your highlighting done (or at the same time) enter all the charges in the spreadsheet template you'll find in the same library as the form letters

-if you haven't got excel, or you use linux :grin: , download openoffice (openoffice.org) and use calc - it's completely free, unlimited and better than M$ Office in lots of ways. This will give you a grand total including interest at the judicial rate (8%) - enter your refund received at the appropriate date (as a negative figure) and the spreadsheet will automatically adjust the total and interest due.

Save a copy of this and then delete the interest calculations - giving you a total of charges without the interest added - save a copy of this, called something else

It is this second copy that you print out and send to your local bank tomorrow together with your preliminary letter asking for your charges to be refunded.

They will then give you the runaround -but come back to the forums for more info;-)

Have fun!

davefirewalker · August 13, 2006

Hi countrybake

I think that you'l find that the royalties gold account fee is only £12. The premier account is £15.

if they are charging you £12 +£3 then the £3 is for something else! have you subscribed to any other deals?

Dave

countrybake · August 13, 2006

Thank you very much penquinabuser you have taken such a long time on this for me much appreciated and thanks once again. one question is about the charges on spreadsheet do i include the interest at the prelim letter stage or just the charges.

and also the best address for the prelim stage.

davefirewalker thanks for your response also i started off paying £9 / month for the just royalties back in 97 and it went up to £10 / month @ sometime but there has always been a double charge carn't get my head round this one

and now it is the £12 and £3

Thanks to the creators of this site great site

davefirewalker · August 13, 2006

yeah I was on the Royalties gold.. 9 then 10 now 12. phone your branch and ask them what's the £3 for......seems V Strange.

Dave

countrybake · August 13, 2006

i now think it is something to do with the overdraft payment protector.

davefirewalker · August 13, 2006

Ive never seen this! it cant be doing its job if you have overdraft charges :-)

Dave

countrybake · August 13, 2006

overdraft payment protector as when you lose your job they pay it back

countrybake · August 14, 2006

just found out yes this is for the overdraft protector

penquinabuser · August 14, 2006

About the interest - send the spreadsheet showing only the charges with your prelim letter, but you could adjust the last line of the prelim template to something like :-

"After that there will be no further communication from me and I shall issue a claim at the expiry of the second deadline for the full amount of the charges plus interest at the judicial rate of 8% from the day they were imposed."

Best address is probably your local branch or wherever you have/had your account.

What's the total if you've done it? - bet it's more than you could ever believe! :-x

davefirewalker · August 14, 2006

yeah mine was £5200......!!!! with about another £1200 in interest

prelim sent and acknowledged, charges fair + reasonable...etc

Lba SHOULD have gone today but away on hols from this sunday(20) so I'll send it fri. Start court stuff when I get back. Should be interesting.

Dave

countrybake · August 15, 2006

hi mine is approx 4k just got to desipher the monthly charges thing.

thanks for the help and i think i will add the paragraph in thanks

countrybake · September 19, 2006

i have now got the month of statements i kept asking for so i sent off the prelimary letter for 3.5k on the 13/9/06 they recieved it on the 14th so they have till 28/9/06 before the LBA letter

but the original S.A.R sent on 9/8/06 recieved 11/8/09 40 days up on 20/9/06 tommorow so i will send the LBA letter regarding the S.A.R none compliance court action tommorow.

countrybake · September 25, 2006

an udate

today i have received a letter from Green & Co solicitors acting on behalf of RBS saying they are going to commence with proceedings angainst me for 2k, now they owe me 3.6k in ilegal penalties and i have yet to send them the LBA letter on the 28/9/06, what should i do

1/ tell them i am disputing it

2/ tell them i will dispute this when you take it to court

3/ tell them i will be taking them to court in October anyway if they have not paid up by then.

4/ ignore it

5/ arange a payment plan in the meantime

any advice would be very helpfull

davefirewalker · September 25, 2006

As you have sent the prelim asking for your money the account is in dispute.

They cannot chase this money at the moment.

Write back to the solicitors and tell them the account is in dispute and has been since 13/09/06, and as such they cannot pursue you for the monies.

Stick to your timetable (don't rush it)

I would also inform them that as the money the are chasing is made up of unlawful charges any such action against you will be vigourously defended.

Dave

countrybake · September 25, 2006

thanks dave very much appreciated:)

countrybake · September 27, 2006

hi all today they failed to provide my S.A.R. LBA letter so off to court to file the papers on friday and also i will be sending my LBA for the bank charges tommorow

countrybake · September 28, 2006

statements came today just in a nick of time, i got the N1 court papers all nice and profesional aswell oh! well:(

countrybake · October 3, 2006

got a bogoff letter today so roll on the 13/10/06 to file the money claim with interest

but i carn't do it until the 16/10/06 due to annual leave next week:)

countrybake · October 5, 2006

changed my mind my brother will take it in on the friday while i am away

give them no space they didn't

countrybake · October 22, 2006

litigation in progress here

countrybake · November 7, 2006

acknoledgement 1/11/06 defence by 18/11/06

countrybake · December 2, 2006

Hi all just a bit of advice upon the copy of the rbos (corbetts) AQ in the G other information it says

"the claimant has not shown that he has reasonable grounds for bringing the claim and despite the defendant requesting that the claimant remedy the lack of particularity pleaded in the particulars of claim, the claimant has failed to do so.

Case management directions cannot be proposed until the claimant fully particularises his claim. In light of this the defendant may amend its defence or apply to strike out."

is this the normal that they write or do i need to fully particularise my claim as stated whatever this means, any help would be appreciated thankyou.

jonni2bad · December 3, 2006

Can you please advise the following.......

(a) Did you use the Particulars of Claim from our templates library? If not, can you post yours please?

(b) Did you send them a breakdown of the charges (i.e. a spreadsheet) when you started the claim? Did you also send one to the court?

Thanks!

countrybake · December 6, 2006

hi jonni thanks for looking into my case here are the answers to your questions.

(a) Did you use the Particulars of Claim from our templates library? If not, can you post yours please?

yes but with extra bits added as i am going for default removal aswell as ppi money back too. here are my particulars of claim.

1. The Claimant has an account xxxxxxxxxxxxx ("the Account") with the Defendant which was opened on or around xxxxxxxxxxxx

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges and overdraft insurance once applied, also a Default notice was swerved upon the Claimant. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim at page x.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) The return of the amounts debited in respect of charges in the sum of £xxxx and any interest charged thereon;

b) Court costs;

c) Removal of Default.

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges of £xxxx or at such rate and for such periods as the court deems just and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £xx.

(b) Did you send them a breakdown of the charges (i.e. a spreadsheet) when you started the claim? Did you also send one to the court?

yes.

all help is very much apreciated thankyou

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