Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Default Sarahmoon v Bank of Scotland

    Am confused re starting threads!!!! Received statements and have now prepared preliminary letter. Will post out Tuesday first class recorded. (Bank Holiday here). I was going to send it to the Branch I use. Is that okay???

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  2. #2

    Default Re: Sarahmoon v Bank of Scotland

    Yes it is fine to send to your local branch, but I wouldn't bother with Recorded Delivery - just an ordinary First Class stamp will do.

    Good 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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  3. #3
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    Default Re: Sarahmoon v Bank of Scotland

    Thanks. I might just hand it in as I'll be down that way on Tuesday morning anyway.

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  4. #4
    willowb
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    Default Re: Sarahmoon v Bank of Scotland

    Barracad, why not RDicon? Don't we need to have proof of delivery? especially if it goes to Court?

    Wxx


  5. #5
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    Default Re: Sarahmoon v Bank of Scotland

    I would only post your letter using recorded,this is your proof if they do not reply...for a quid its well worth the peace of mind.Infact ALL correspondence should always be registered post.Goodluck!


  6. #6

    Default Re: Sarahmoon v Bank of Scotland

    Quote Originally Posted by willowb
    Barracad, why not RDicon? Don't we need to have proof of delivery? especially if it goes to Court?
    No, not at all.

    CPR states that you only need proof you have posted the item - and a dated copy of a letter you have sent is sufficient proof that you posted it - you don't need a Certificate of Posting etc.

    And whilst Recorded Delivery is only a few pence extra, if you read round the forums you will see that it sometimes causes extra problems which would have been avoided if you sent it ordinary First Class.

    I strongly recommend you don't use Recorded Delivery when sending the prelim & lbaicon to the bank.

    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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  7. #7
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    Default Re: Sarahmoon v Bank of Scotland

    Then how can you prove youve sent it without a receipt?...what other proof are you referring to apart from a copy of the letter itself?? Its covering your own back and is strongly recommended .


  8. #8

    Default Re: Sarahmoon v Bank of Scotland

    Stongly recommended by whom?

    I suggest you read the CPR for yourself if you don't believe me - a dated copy of the letter is proof enough that you sent the letter as far as the Courts are concerned.

    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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  9. #9
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    Default Re: Sarahmoon v Bank of Scotland

    ........Its strongly recommended from the "common sence" society.Do not ill advise new members to do this .It can only be a positive precautionery measure....by the way,what Bank do you work for??


  10. #10

    Default Re: Sarahmoon v Bank of Scotland

    Quote Originally Posted by e17tintin
    Its strongly recommended from the "common sence" society.
    Depends what you're referring to.

    If you are referring to getting a Certificate of Posting, then there is certainly no harm in it, but "common sense" would say what is the point of queuing up in a Post Office for something that isn't needed when the letter could be popped in a posting box.

    If you are referring to using Recorded Delivery then "common sense" would suggest you look at the trouble other people have had when sending Recorded Delivery to large organisations such as banks.

    Quote Originally Posted by e17tintin
    Do not ill advise new members to do this.
    I am merely giving advice, based on CPR, which states there is no requirement to either obtain a proof of posting, nor use Recorded Delivery.

    Quote Originally Posted by e17tintin
    by the way,what Bank do you work for??
    I think this just sums up about everything you have said and proves how much "common sense" you have - I am sure people who have any "common sense" will be able to figure out who to listen to and whose advice they should take.

    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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  11. #11
    willowb
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    Default Re: Sarahmoon v Bank of Scotland

    Woooooaaaah that's a bit strong, I've never known Barracad to ill advise anyone! I just wanted his reasons for not using RDicon which are fair enough. I would rather use RD BUT if the Court will be satisfied with correspondance without, then Barracad would know.

    Wxx


  12. #12
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    Default Re: Sarahmoon v Bank of Scotland

    lets just agree to disagree shall we....after all we are all just trying to give helpful advice,on this occassion,no ones entirely right ...or wrong.


  13. #13
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    Default Re: Sarahmoon v Bank of Scotland

    Okay, am now slightly confused. I thought RDicon would have been a better idea for proof of postage. Will decide on Tuesday best course of action!!

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  14. #14

    Default Re: Sarahmoon v Bank of Scotland

    If it gives you more peace of mind to get proof of posting then do so, but you don't need to use Recorded Delivery - you can ask for a FREE Certificate of Posting with any item you send at a Post Office.

    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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  15. #15
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    Default Re: Sarahmoon v Bank of Scotland

    I believe it can only help in supporting your claim,atleast you can phone RoyalMail and find out when it was delivered by quoting your reference number.Atleast this way you are assured its in their hands and ,more importantly,being dealt with oppossed to "wondering" if it arrived.Also means that in the corresspondence that follows from yourself,you have the confidence that your letters are getting there too.


  16. #16
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    Default Re: Sarahmoon v Bank of Scotland

    Got a standard response letter today saying its being passed on to customer servicesicon. lbaicon to be sent out wednesday 4th October!!

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  17. #17
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    Default Re: Sarahmoon v Bank of Scotland

    Leter before action sent recorded delivery. They should receive it today.

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  18. #18
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    Default Re: Sarahmoon v Bank of Scotland

    You'll get a letter back saying they will deal with your complaint and reply within 4 weeks. If you wait....you'll get another letter from the Core Business team saying they need more time...another 4 weeks. I would send a second lbaicon with a completed court form attached and a dealine to action the court form. After that you'll have to file a court claim. Good luck!;-)


  19. #19
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    Default Re: Sarahmoon v Bank of Scotland

    Got a settlement offer of 343 today. Have prepared letter to send off accepting only as part payment.

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  20. #20
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    Question Re: Sarahmoon v Bank of Scotland

    I am confused about interest. I worked out on the spreadsheet the 8% interest from the date of the charge but what is judicial interest, is this different to the interest worked out on the spreadsheet.? Can someone throw some light on this as the more I read the more confused I become!!! Thanks

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