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    • 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?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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**S Smith vs RBS** ....some qus please.


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Have two accounts with RBS...Student and Savings - I imagine I've run up charges of nearly £2k on the Student one and probably £200 or so on the other.

 

Anyhow, Wrote to both branches (student account was opened up in Scotland and Savings was opened where i live now, in England) on the 20th Dec. Had no reply so decided to ring both branches today - both said that no letter had ben received but they would request statements and I should expect them within 7 days.

 

Browsing through the forum I see people have been making seperate claims when they have two accounts with the one bank. Is there anything wrong with me doing it all under the same one claim?

 

Also, I would prefer to take the complaint directly to customer relations (as opposed to going through branch).....should I address my letter simply to 'cust relations' or could I use a person such as 'Tommy McLean" who I understand deals with a lot of these.

 

Sorry if these qu's appear silly - its just that I'm a bit nervous at 'taking on' a bank.

 

Thanks!

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No reason you can't merge claims.

 

Bear in mind if you are now in scotland, small claims court has a limit of £750 so would need to split your claims down into pieces.

 

I used the customer relations address on the RBS website that you should write to if you have a complaint.

 

__________________

 

If I've been help to you, click on my scales and add to my rep! :wink:

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Stuck with RBS charges?

Click here!!

 

Settled

RBS Current Account1 £2794

RBS Current Account2 £503

HBOS Credit Card £498

 

Still to Settle

Barclaycard Est£180

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Thanks for that.

 

Recieved the statements for my student current account today and the charges come to £700. Should get the statements for my other account in the next couple of days. I estimate the charges for that one will be around £500.

 

I have a small concern though....My student overdraft limit is 2k and I generally operate close to that limit each month. What is the possibility of RBS calling in the overdraft once I make this claim? This would be a MAJOR problem for me since I wouldnt have the funds to pay this off (at the moment anyway).

 

Cheers,

S

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I don't really know.....we can't second guess the banks. They might, they might not.

 

If you don't muck up and go over your overdraft they don't really have any reason to.

 

I wouldn't like to say categorically no they won't because they could if they wanted to. Do a bit of reading, search for keywords relating to your questions see what comes up.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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All I know is my experience - I, like you operate fairly close to my £1500 overdraft so this was also a concern of mine. Just after I started this process I received a letter requesting I go into the bank to discuss my overdraft facility....'here we go' I thought but when I phoned them they tried to make out it was my annual review but thankfully I could remember when that was due and it wasn't due for another 6 moths so I pointed this out, made her tell me it must be a mistake and asked her to show this on my file. I then phoned back later that day and asked someone else who confirmed it had been done. I haven't heard anything else.

In saying that I'm due my claim from them soon so maybe the tone will change when I have money they can take back off me!!

RBoS - claiming charges of £3868

17/1/07 - Offer for full amount!! WON!!

3/1/07 - LBA Deadline - reminder e-mail sent

16/12/06 - LBA Sent

27/11/06 - Prelim Letter Sent - no reply at all

17/11/06 - Statements received

12/10/06 - S.A.R - (Subject Access Request) Sent

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Thanks for your replies....I guess this is a risk I'll just have to take. Received second set of statements today and total charges come to £1100ish (wont put the exact amount here in case RBS are watching - lol). Going to mail my initial letter in an hour or so to Cust Relations at South Gyle.

 

Will keep y'all updated as and when I hear anything!!

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  • 2 weeks later...

Well today was my deadline (gave them 10 working days) and thus far nothing from rbs. I emailed sandy watt a few days ago who said, "because of the volume, we do not ackowledge letters however I can confirm we have reveived your and expect a response in the near future".....Going to fire off LBA before 5pm today - can I also email the LBA?

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I sent my Prelim the same day you did and recieved an offer for the full wack today!! you can do it all via email if you like, saves the cost of postage.

 

Congrats & well done!!

 

I think I may just email them now.....saves the trek to the PO in this freezing weather!

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edited

Telewest v RBS

[url]http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/61214-telewest-rbs.html[/url]

Telewest v A&L

[url]http://www.consumeractiongroup.co.uk/forum/alliance-leicester/61215-telwest-l.html[/url]

Telewest v Halifax

[url]http://www.consumeractiongroup.co.uk/forum/halifax-bank/63775-telewest-halifax.html[/url]

 

If I've helped - hit the scales and rate me!

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And I won!

 

Offer of full refund received from T McLean on Saturday 10th. Mailed it back special delivery which got there on the 12th so just awaiting them putting the money back into the account now (does anyway know if they are pretty quick at this?).

 

So it only took about 15 days in total.

 

Thanks to all at CAG. Will be making a donation once the funds hit my account.

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my first claim it took about 4 days from the time I sent my letter fro funds to hit my account.... this time I have sent my letter back on Saturday Feb 10th but still no funds in my account... i like the 2nd class postage envelope they now include with the offer letters :)

what they are paying in charges they are saving in post!! :)

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