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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • 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?
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Pinkglittergirl and Pinkglitterman vs RBS and RBS CC


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I have searched this site for weeks, afraid to post, please dont jump on me, but i cant find the answers to my question!

 

My bank account with RBS was opened round about sept 2000. For 2 years this was soley in one name. I then had my name added, and since then for the last 6 months or so, the account had the original name taken off so it is just mine. Eg. Mr Smith, then Mr and Mrs Smith, then to Mrs Smith, if that makes any sence! So if i am Mrs Smith, then can i claim back the charges for the full 5 1/2 year period, or only from the date my name was added to the account. Do i need the permission from the person who used to manage the account to go about this? The only detail that has ever changed is the name. It has always been the same account number etc.

 

Im hoping i can claim the full costs for the whole period, as it was me who was constantly putting money in the account for all the charges etc, so it was me who lost out in the long run, this is why i eventually insisted on my name being added to the account.

 

Thanks in advance!

 

Jennifer

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Hi Pink and welcome.

 

I would think that you would only be able to claim charges from when you entered into a contract. I would think that if you both had authority on the account you could claim from then. Whether the other person on the a/c could have any claim on any refund, I'm not sure.

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I dont really know the answerto this, my advice would be try it and see. The banks seem so incompetent they probably wont notice anyway.

 

I have searched this site for weeks, afraid to post, please dont jump on me, but i cant find the answers to my question!

 

Please dont be afraid to ask if you are worried you can pm me.

 

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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Hi - yes you can claim for the period you have stated.

 

It is also true that the 'other half' would have claim to part of this sum, and in all likelyhood any final settlement cheque, if issued, would have both names on it.

 

Are you still on talking terms to this 'other half'?

..

.

 

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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Yes, im still on talking terms lol, its my partner, but he is utterly useless with money, and we were spending every free penny each month paying charges back, rather than buying things for our son. So i had his name removed from the account in order to stop the debt spiralling. We havent got in to trouble so to speak with debt beyond our means, however this is only due to me taking charge and sorting it out, left to him we would have had defaults and alsorts by now!

 

We dont want to do a joint claim, as in 10 months time we will be getting a mortgage, or should i say he will be, and as it is him, we dont want to compramise this, by having the bank make life difficult for him to obtain credit. I dont need to take out any credit in the near future which is why i am willing to take the chance and fight for what i believe is rightfully mine. No one should have the right to take money from someone elses account without authorisation.

 

Jennifer

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Great stuff - keep us updated - by the way, nothing stopping you from claiming the whole 6 years and seeing how they respond......

..

.

 

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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Hiya,

 

I was in a similar position with my husband and they've not queried it up to now!

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!!!!!!!!!

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  • 2 weeks later...

Hmmmm... talk about the left hand doesnt know what the right hand is doing.

 

Firday 16th June, £28 due out for bank charge for going 2 pence (!!!!!!!!) OD last month.

 

Friday, no sign of charge...yippeeee says i, they have seen sence and not charged me.

 

Went into branch at 4.30pm just before closing, and withdrew 3 ammounts over the counter. Before i withdrew the final ammount, i asked the cashier was my bank charge coming out. She told me that it appears that i wasnt going to be charged this month, there are no charges showing on your account and nothing been withdrawn for bank charges this month.

 

I withdrew the money needed to pay my childcare bills, and i then told her if there was no charge to come out, i wanted to leave £350 in their for my DD's and withdraw whatever was left over (im using cash to pay for everything to keep my account in absolute order - well other than when unauthorised DD's come out grrrr - another story!).

 

She told me my balance after the first 2 ammounts had been withdrawn, and worked out the ammount left over. I then took out the final ammount leaving the correct ammount for my DD's.

 

Today i was due more money in my account from Tax Credits, which pays for my weekly shop. I went to withdraw this, and before doing so i checked my balance to make sure it had been paid in.

 

Huh? My balance didnt add up... i phoned up telebanking, and was told a charge had been taken out my account. They told me that it had come out on 16th June.... I told them that my branch said otherwise.

 

They looked into it, and after spending a good 40 mins on the phone, finally came to the conclusion that the charge was taken out before i took out the 3 ammounts on friday. I needed to know when it came out, so i could make sure there hadnt been a mistake and too much had been withdrawn from my account.

 

It looks as if it did come out before i wihtdrew the ammounts, however luckily i kept the ministatement she printed out in the branch. This clearly does not show any charge, and goes back to 12th June.

 

Im at a loss to what to do. I have been told there would be no charge, so i withdrew and spent the money accordingly. Then i get told there is a charge, and it had already come out when i was told there was no charge. I have a minstatement showing that there wasnt a charge showing. It shows the 3 ammounts i withdrew, and then another ammout i withdrew on the 12th June. Definately no charge was taken out before i withdrew.

 

What is going on? Im going to demand the money back, for the ammount of time spent clearing it up, plus ive got proof it wasnt out my account on 16th June - and due to incorrect advice from them.

 

Just a word of advice - telebanking are a pile of poo. I have had so many problems with them, and they have been the cause of more charges than i dare to think of. They tell me the wrong information ALL the time. Ill phone the branch on monday morning, but im so mad that so much of my time has been wasted, and that they couldnt organise the proverbial in a brewery!!

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The bank are not confused-they know very well that charges and switch transactions are applied retrospectively leading to the problems that you describe. I had the same experience and was so angry I stayed up all night to check the online banking site. In my case the switch transaction was shown as pending, to be applied NEXT business day, in fact at around 4.30 am the transaction went through and was shown as being debited on the PREVIOUS day, making me overdrawn and giving no opportunity to correct it. Even when faced with the evidence in the form of cashline slips the bank refused to admit that this was happening.

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Sounds about right. Just another example of the disgraceful modus operandi of the banks.

 

Here's another one: You do a BACS transfer to another account. The money leaves your account almost immediately but can take an age to reach the receiving account. Tommorrow will be the 11th day I will have been waiting for funds to reach my account, assuming they get there tomorrow. I know for certain what date they were transferred. So where's the money inbetween then?

 

A few years ago it took Lloyds TSB five WORKING days to transfer funds from my savings account to my current account; both held within the same branch. The funds left my savings account immediately, could somebody provide a JUSTIFIABLE explanation for this? Lloyds TBS couldn't, despite several requests.

I only mouth my opinion, please look elsewhere for sensible advice! :)

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  • 2 months later...

LOL! Its only taken me 7 months to get the courage of my convictions! Ive spent long enough spouting this stuff to other people, directing them to the site, reading up etc etc, but we finally decided to go for it, and today 2 letters were sent off, one to my RBS account, and one to my other halves RBS credit card account. We wanted to pay off overdrafts and credit card before doing anything, and make sure parachute accounts were set up, etc etc. We now feel we are ready to take the bugg*rs on!!

I am just waiting to get his bank statement through, for the account number, then we can send that off too!

 

Here we goooooooooooooooo!!!!!!!!!! :grin:

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good luck

SETTLED CASES

LTSB (CC) £20 21-8-06

HSBC (CC) £600 19-10-06

HSBC (Ac) No.1 £1900 25-10-06

RBS (CC) £900 25-10-06

Smile (Ac) £1300 17-11-06

A&L (Ac) No.1 £400 23-11-06

A&L (Mortgage ERC) £3900 4-12-06

LTSB (Ac) £200 13-12-06

A&L (Ac) No.2 £120 19-12-06

HSBC (Ac) No.2 £650 29-12-06

LTSB (Business) £1700 13-2-07

RBS (Ac) £4500 + Default Removal 17-3-07

Barclays (Bus) Warrant of Execution 10-3-07 not used yet

ONGOING CASES

Egg (CC) N1 Filed £1300 + Default Removal Judgment Order 9/1/07 In my Favour

Barclays Business loan & 2 accs. S.A.R N1 filed Judgment in Default isued 15/2/07

HSBC (CC) have failed to produce Credit Agreement

TO DO CASES

Egg (Loan)

LTSB (Ac Ltd Company)

LTSB (Loan)

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  • 2 weeks later...

Dear All,

I sent my DSAR last wednesday to RBS, and today, I have recieved all 300 pages of statements, dating back to the account being opened in Sept 00. Having spent 2 hours sifting through the statements, I have to say I was rather shocked, and suprised. The first charge appearing on my statement is January 2005. I highly doubt this is the first charge recieved, and Im wondering why the other charges have disappeared, as it seems.... Has anyone else had this problem? I feel really angry, as if they are trying to get one over on me. My otherhalf also thinks there were charges before then, so its not just me. Whats going on???

I have racked up £518 worth of charges over 20 months, so I find it odd that there were no charges before this date, as there were no changes in circumstances that would cause the charges to start from then....

:confused:

Help!

 

Pink x

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have you got any old statements lying around anywhere to compare?

 

I wouldn't put it past them, but the sums wouldn't add up if they just lifted charges out.

 

Once I've done first claim, I'll be comparing my old statements that they don't think I have to my new ones. I don't have all the old ones, but I have enough.

BoS:- D P A sent 09/06 Prelim. request 29/06 £1755 plus interest

1st claim Filed 5/10/06 SETTLED 19/10 £747.80 plus £534.31 interest

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Unfortuantely I only have the last 16 months worth of statements :(

 

I was going to go back over the statements and scrutinise them further, check the figures out. But I have enough trouble working the figures out normally! They are not the easiest statements to understand. I have to underline everything to see what figure goes with what!

 

Bloody banks... I'll report back my findings.

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I would say it was unlikely the bank would remove charges from your statements. The bank does not know which statements you have possibly kept from before Jan 2005. Therefore if they removed charges from your statement in say, Nov 2004 and you produced a statement showing that they had they would leave themselves open to all sorts of trouble. The bank do not know what statements you may have so are in no position to be able to lie about the charges taken from your account. Also the banks can afford to cover the repayment of your charges so therefore its better to do that than be done for fraud.

14/8/06 - S.A.R Request to B.O.S for C.Account + 2 C. Cards Statments. Sent to HBOS, The Mound, Edinburgh (R.Delivery)

18/09/06 - S.A.R. Request Reminder Letter sent to HBOS, The Mound, Edinburgh. Local Branch C.C. (R.Ddelivery)

19/09/06 - 01/10/06 - Requested Information Received - Various Packages and Letters

11/10/06 - Prelim Letter Posted to HBOS, The Mound, Edinburgh. Local Branch C.C. (R.Ddelivery)

 

18/10/06 - Letter Received from HBOS as follows "your complaint will be passed to a Customer Services Manager....get back to you within 4 weeks"

01/04/07 Full Charges Received. Small Claims case won as bank failed to lodge defence. They initially refused to pay up and it was only through contact with a Sheriff Officer that they done so.

Case Closed - Hurrah

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Ok, I have recieved my statements from RBS, and I send of the DSAR for my Dp's RBS CC account. I mentioned to him today that we still havent recieved his, and he then decided to mention to me that he got a letter on friday saying his statements would be with him in 40 days! BUT HE HAS THROWN IT IN THE BIN!! Despite my strict instructions to let me deal with thie completely, as he doesnt have a clue about it, he has managed to throw important infomation away. I asked him wether the letter said 40 days from his letter, or their letter, and he said there. Then I shouted at him LOL! Then he backtracked and said he wasnt sure! Oh, I could kill him! I need to know what that damn letter said. Why is he so stupid? Honestly... he is the one who wanted to do this, I have spent months making sure we are going to get it right, and he screws it up at the first hurdle! I told him explicitly not to throw any communication away. He didnt even tell me anything had arrived! ARRRGHHHHHHHHHHH!:-x :-x :-x:mad: :mad: :mad:

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  • 3 weeks later...

Here is the following letter I got from RBS CC. We havent even got to the prelimary letter yet, only the SAR!

 

Dear Mr Pinkglitter

After a general review of your account and exercising our right under the card agreement, we require the immediate return of the card issued to you. No further use may be made of your card or any card issued to an authorised user, and the card must be cut in half and returned to us in the enclosed prepaid envelope.

Your credit limit has been withdrawn, although the current balance may continue to be repaid under the terms of our agreement, ie. 2.25% of the outstanding balance on the monthly statement or a minimum of £5.00, until the debt is cleared.

 

Please ensure that any recurring transactions are cancelled with the relevant originatoes as these will remain valid until the authority has been revoked by you. If you are covered by payment protection, this insurance has now been terminuated. Your rights to benefits will not be affected in respect of any claim already notified, or any incident occuring before the date of this letter that results in a valid claim.

If you comply with this request and repayments continue as arranged, formal demand for repayment of the whole debt will not be made.

 

T White.

Customer Assistance manager

Collections

 

 

 

:D :D :D :D :o :o

 

Erm, Coincidence? I think noooooooooot! Especially as the account has been in order for 6 months atleast!!! What a joke.

Any advice? Witty comebacks? Its irrelevant that they closed the account to us, because there is about a £5 balance, and the card was cut up long ago, and chucked away (they are welcome to try the landfill if they are that desperate to get it back!). It had been pretty much paid off, and a new one taken out elsewhere with a 0% balance for emergencies, which was taken out before starting the claim.

Incidently, they havent done it with the bank accounts!! Just the CC!!

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If it makes you feel any better, my Other Half's RBS C/C has been in order for about 6 months or so. We're currently claiming back a whole £60 from them (every penny counts!) - not alot when you consider the amounts some people are claiming. Anyway, last month his current account (not RBS) cancelled his min payment D/D (Grrrrrrr!) and before he even got his next statement he had a letter from a debt collection company regarding the 'mis-management' of his account, saying they would take over collection of the debt if it happened again, and a letter from RBS reducing the limit on his card by about £500 to the outstanding amount! Its just scare tactics if you ask me. Or maybe they're trying to get rid of their more assertive customers!!!!!!

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