Well thats round 1 won.

S.A.R - (Subject Access Request) for round 2 will be sent tomorrow. Let battle commence

Congratulations Matt, another one bites the dust ;-) !!!!!!!!

S.A.R - (Subject Access Request) sent 2nd November. Just done all the Capital One cards as well.

Vengence is sweet.

OK, Statements received yesterday. Have transposed the charges details to my excel spreadsheet, and have £2769 worth of charges. The cheeky b*gg*rs. Same old story of snowballing charges. Well this time its going on next years holiday!!

Noticed that the statements only went up to 29/8/06, and I know I've had a plethora of charges since. So they haven't even done the S.A.R - (Subject Access Request) right.

Looks like a trip to the branch tomorrow then.

Got all outstanding details from the Branch today. Toting everything up, it comes to £2933 exactly. Preliminary letter will be sent in the morning.

*****************************************

RBS Account 1: S.A.R - (Subject Access Request) sent 4/9/06, LBA sent 10/10/06, offered £2300 (declined) 16/10/06, final offer for £3754 received 28/10/06, accepted.

RBS Account 2 (Joint): S.A.R - (Subject Access Request) sent 2/11/06. premlinary sent 15/11/06 for £2933

Hi Matt - sorry to bother you but am really interested as you have already won!

If you don't mind me asking - what level of interest did you demand from RBS? Did you just request the charges back or did you ask for interest as some people are at a higher rate (eg. authorised or unauthorised rates from the bank?)

I have totalled up my charges and they seem to come to just over £1000. I say seem as I still have 1 or 2 to check out as I don't know what they are for and therefore whether they are reclaimable.

I still haven't figured out how to calculate which bits of the HUGE amounts of interest I have been charged are down to the charges (as my overdraft limit has changed tens of times over the period)

I really want to get the prelim letter out but don't want to mess up right at the start! Would you mind talking me through a bit? I'm going barmy on here with an overload of info and no idea about spreadsheets!

Thanks SO much!

I didn't charge interest on it as they settled out of court. Interest at 8% would have been added if it had gone to court via MCOL.

What I did was:

Send the SAR to get my statements.

Put these into the spreadsheet.

Used the formula for working out the daily interest.

Added each column, i.e. the actual charges and the daily interest on each charge at 8% APR.

Initially claimed for the charges only.

Won

If it had had gone to court, I would have added the interest.

I will PM you with info re the interest calculations

Thanks - that would be really helpful. Sorry - I wasn't very clear - I didn't mean the 8% exactly as I am trying to calculate how much of the interest that they have charged ME over 6 years I will claim back.

I intend to ask for contractual level of interest on the lot also. which I will ask for right from beginning letter as suggested on here... I think it's a valid request that will stand up in court so will go for it and se what happens.

Thanks for your help!

Hello Furzle

sorry for the delay

The rate of interest is usally found on the letter they send you telling you they're going to charge you £28. This 'maintenance' charge is for going over the overdraft limit (which, in my case, happened when they actioned a DD that would take me over the OD limit).

The problem here, maybe, is that you would have to work out which bits of the interest charged relates to you going over the overdraft limit (I think). The sums boggled me, so didn't bother. I didn't think it would have come to much though. Their APR for this, I believe, stood at 29%.

I don't know how far you would get charging contractual rate from the start, but good luck.

Well, the preliminary was sent 15/11/06, and I have had diddly squat back off RBS. With my first claim I at least received a get lost letter. With this I have got nothing, which is getting me a little worried. Has this happened to anybody before? Are RBS changing tac?

In any case, i sent my LBA today.

Received an answer to the Preliminary, 3 days after sending the LBA. Usual babble, the words fair, reasonable and transparent made there way into the text, which is ironic, as they are anything but.

T minus 11 days till moneyclaim online.

Its been almost 2 weeks (1 day shy) of the deadline in the LBA. I'll probably wait 'til Monday, but, regrettably, it looks like I'll be doing the MCOL thing.

Really nervous about claiming online. I have got a good claim particulars I found from trawling through the website, but I really hope an offer is made before I have to do this.

Hello

The date is now 9th January. The LBA was sent 2/12/06, with a response to the original prelim received 4/12/06. Have had a hectic Christmas and new year where we were away for a good portion of the time. Returned home last week to find it had been burgled, so all in all, not good. So I've not had chance to keep things up to date.

Up to yesterday, I had no response from my LBA, and in fact E-Mailed Tommy McClean my LBA and charges schedule just in case it had been lost internally at RBS (was sent recorded delivery, so i Know it got there) some time before christmas.

Tommy responded:

Because of the volumes of this type of claim we are currently seeing , it is unlikely that we will be in a position to respond soon. If you feel unable

to bear with us meantime, it may be appropriate, therefore, for you to move matters down the legal route.

I then received a letter yesterday apologising for the delay and asking us to bear with them.

Do you think its a stalling tactic, or they really are up to their necks in it.

Or should I do MCOL now, which is looking pretty good anyway, as i get an extra £700 interest.

yes you should file your claim and yes they are up to there necks

I agree, issue the mcol immediately!! Dont delay, they have had plenty of chances.............

Hello

Is this correctly filled in?

1. The Claimant has an account xxxxxxxx with the Defendant, opened 1999. Since 17/08/01 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £2996; (b) Interest per S.69 County Courts Act 1984 of 8% - £645.58 continuing at 8% until judgment or settlement at a daily rate of £0.00022; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

I have set this all up on MCOL, all I need to do is click the submit button. An extra £645 with the interest at 8% included!!!

Hello

1. The Claimant has an account xxxxxxxx with the Defendant, opened 1999. Since 17/08/01 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £2996; (b) Interest per S.69 County Courts Act 1984 of 8% - £645.58 continuing at 8% until judgment or settlement at a daily rate of £0.00022 this is not your daily rate you need to x your charges by this i.e £1000x0.00022= £0.22 the £0.22 is then your daily rate of interest.; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

I have set this all up on MCOL, all I need to do is click the submit button. An extra £645 with the interest at 8% included!!!

show your charges total with out the 8% interest. You show the 8% interest on your spreedsheet.

have a look that this link it should help http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

OK, is my thinking right here.

Using the spread sheet, I have a total of £2996 in charges.

On each line item, I have used the formulas given to work out the number of days, and work out the interest at 8%. This totalled to £645.58.

For the daily rate of interest I am taking £2996 x 0.00022 = £0.66. Is this £0.66 correct?

looks ok to me. when you have done your POC post it on here so people help if you need it.

good luck

Here they are:

1. The Claimant has an account xxxxxxxx with the Defendant, opened 1999. 2. Since 17/8/01 the Defendant debited charges and interest in respect of purported breaches of contract.. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £2996; (b) Interest per S.69 County Courts Act 1984 of 8% - £645.58 continuing at 8% until judgment or settlement at a daily rate of £0.66; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

Is this OK?

Hello

please can someone check the POC as above. I need to send the claim tonight of poss.

regards

hi matt i think it's ok. have a look at mine if you want http://www.consumeractiongroup.co.uk/forum/post-477883.html

also did you look at the other link i gave you?

Here they are:

 

1. The Claimant has an account xxxxxxxx with the Defendant, opened 1999. 2. Since 17/8/01 the Defendant debited charges and interest in respect of purported breaches of contract.. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £2996; (b) Interest per S.69 County Courts Act 1984 of 8% - (£645.50) don't put in a figure here, just add it to the total on the form continuing at 8% until judgment or settlement at a daily rate of £0.66; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

Is this OK?

Other than that, sounds good to me!

I doubt that you'll get all that in on moneyclaim, if I were you I'd type it and complete an N1 form which you can download from the HMCS website.....IMO it's a better way of doing it anyway seen as how you get far more room for POCs. Send 3 copies of everything into the Court along with a cheque (£120 in your case I think).

Good luck:)

Wxxx

OK.

Its Done. the claim has been filed.

A little worried about Paul Walton though. Has a precedent now been set?

As far as I know and I haven't read the whole thread...is it not to do with going back over 6 years? Glad you reminded me though I must go and read the whole thing....I hope he's ok.

Wxxx