Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

sn00psmum (&dad) v RBS


sn00psmum
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6103 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all:)

Firstly, I would like to apologise for the very long post that follows! I'm subscribed to another similar forum, so have taken (and ignored at my own peril!) advice and guidance from each. I'm too embarrassed to go back to the other forum until I see the outcome of this claim as I was advised that interest could not even be mentioned until court, but my claim is large and therefore the interest on it is substantial, also I really do believe that I am entitled to it as this bank have s**t on us for long enough!

 

I am now at LBA stage and stuck on what to do but I thought i'd better give a bit of background on what's been going on, so here goes.

 

As I already had all my statements I added the charges up on a spreadsheet and sent them RMSD with the following letter on 22nd Jan

 

Royalties Gold Joint Account No: 00xxxxxx Sort Code: 8xxxxx

Dear Sir/Madam,

I am writing to ask you to refund to me the charges which you have levied from the above-mentioned account over the last five years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

I calculate that you have taken £7029.36 in penalty charges and £562.35 in debit interest (I have calculated this at 8%) bringing the total to £7591.71. I have taken the time to ensure that I am not claiming Royalties Gold Monthly fees as you will see from the schedule of charges. In this endeavour I have been as accurate as possible although it’s difficult to see when the fee increased due to the bank combining it with penalty charges.

 

I also request that any settlement should include compound interest at your current contractual rate of 29.8% from the date that each charge was first applied onto my account.

The account’s Terms and Conditions specify the interest payable on unauthorised drawings from the account. I believe that this applies to unauthorised drawings by yourselves as well as unauthorised drawings by me. I therefore believe that I am entitled to ask for this rate and further that it is justifiable under the principle of mutuality and reciprocity, and is based on your unauthorised overdraft interest rate that would be applied under the terms of the above mentioned account.

I enclose a schedule of the charges which I am claiming with this letter. Furthermore, since this account is now in dispute and the entire debt owed on the account is made up of penalty charges I request that you halt any action on the account, including any Default you may have registered on it and, on resolution of the matter reinstate all of my previous banking facilities with The Royal Bank of Scotland.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully,

 

On 30th January I sent them this letter:

 

Dear Sir/ Madam,

Further to our letter dated 22nd January and received by you on 23rd January 2007, we reiterate the content of that letter and wish to raise a couple of extra points. Our final statement for the above account ends on 21st November 2006 with a balance of £5867.16DR. The last item on this statement is a default fee of £30.00 and we assume this was the final transaction on the account before it was closed and passed on to Credit Management Services. We telephoned them (C.M.S.) prior to writing the letter you received on 23rd Jan in order to get a figure to put on the letter regarding the amount due by ourselves. We were told the amount due was £6122.54 and also that the reason no amount was put in any correspondence to ourselves is because interest is accruing every day and this was not a final amount. We would like a full statement of how the debt of £5867.16 became £6122.54 please. Also, any charges and interest debited to our account after 21st November 2006 may be included in the refund of the amount being claimed by ourselves.

We would also like to point out that as of 23rd January the account is in dispute, therefore any action, including interest should be frozen until the resolution of the claim and the default removed from the register with immediate effect- please note that a mere amendment is unacceptable, it shouldn’t be there! We shouldn’t need to remind you that the entire debt consists of unlawful penalty charges and interest debited on those charges, the sum of which we are confident will be returned to us along with compound interest as stated.

As you may or may not be aware, 'hubby' also has a business current account at the same branch, A/c no: 00xxxxxx for which he is also claiming back penalty charges and interest. We have a query on the business account which may be linked to the balance on the current account. We received a letter dated 3rd January from CITB Construction Skills letting us know that a BACS payment of £850 had been processed. The account had gone into unauthorised overdraft (again, the amount being claimed far exceeds the overdrawn amount). 'Hubby' received a telephone call from the bank saying that the account had to be closed. When he asked about the imminent CITB BACS payment he was told that it would be used to offset the overdraft and the remainder, around £500, would be returned to him in the form of a cheque. Not surprisingly this has not materialised. I phoned the CITB finance department today to confirm the date it had been paid in and I was told that it would have cleared into the business account on Monday 8th January- where is it?? If it has been paid into either of our accounts then surely there should be a statement for our records?? 'Hubby' thinks it is possible you have used the excess to reduce the overdraft on our Royalties Gold account, however I am unwilling to believe that you would have done this without first requesting his permission to do so. If this is the case, firstly, we would like you to demonstrate in this in the most recent account statement, which again, hasn’t arrived with us, the last date on the last statement we received for the business account was 14th November 2006, is there another we should have? And secondly, how dare you?? We still have to try and run a business (now without a business account, RBS best business account, I don’t think so!!) and so any income is essential to us and should not have been used to offset your unlawful charges.

RBS knew of the problems we were having with cash flow following two clients not paying their bills and costing the business far more than the combined £12k they owed (and still owe due to the fact that we can’t afford to take them to court) and continued to slam us with these immoral charges, both on the business and personal side of the finances. Also, when we came into the bank to ask for assistance the only advice our Business Advisor could offer was ’sell your car’!!!!!! We did this, traded it in, got a cheque for £1000- far less than what it was worth in our panic to bring money in and when we paid the cheque in it was immediately swallowed with bank charges leaving us with a measly £200! Obviously, we could have run the accounts more thoughtfully, however, at the time the most important thing was to continue to pay our employees and try and help the business to recover from the massive blow it had taken.

Rather than help a small business such as ours thrive, all RBS seemed interested in was kicking us while we were down by continuing to line its pockets with bank charges and interest- unjust enrichment, I’m sure you’ve heard that phrase a lot recently! RBS has without a doubt contributed to the decline of our business and contributed to damaging our credit score, which we were working really hard at, beyond repair and should therefore count itself lucky that we are not suing for damages to that effect at this time. Perhaps the last point should be taken into account when considering our settlement figures.

With regard to you using any settlement figure to offset the overdraft on the Royalties Gold account, on reflection we require you to reinstate all previous banking facilities including the agreed £3,600 overdraft as it is not feasible for us to repay this in one go given our current circumstances, obviously, any amount over and above the authorised overdraft ought to be cleared immediately upon settlement of the dispute. Unlike some others who are (quite rightly) buying much needed holidays and cars with their refunds, we have an assortment of large bills to settle including a hefty and morbidly overdue tax bill. We request that our refund comes in the form of a cheque which we are able to bank at our present bank. We will obviously come to a suitable arrangement to repay the overdraft at a rate that we feel comfortable with once the claim is resolved.

Additionally, we would like to point out that as we have no access to either account at all, any action you are going to take to come to a settlement with us should be outlined in writing beforehand, so that we may take the time to consider it.

 

Our next correspondence will be Letters Before Action, these are due to be received by yourselves no later than Thursday 8th February and will be followed up with court proceedings without any further notice if we do not receive a satisfactory result by Friday 23rd February.

Yours Sincerely,

 

Possibly a little overboard? Hey, I was p'd off and tend to get carried away when typing:rolleyes: Anyway, no response from bank to either letter until yesterday this from Green & Co Solicitors:

 

Dear Mrs

 

We have received instructions from our client, Royal Bank of Scotland plc, to commence proceedings against you in respect of an unpaid liability. We suggest that you contact them immediately on the telephone number at the end of this letter.

However, before proceedings commence, you have one final opportunity to put forward repayment proposals by telephoning our client or alternatively by writing to them at the address at the end of this letter. It is normal on these occasions for our clients to consider allowing you to spread your payments over a longer repayment term.

If you ignore this correspondence then proceedings may be commenced against you without further delay. this may involve instructing a firm of debt collectors who will be authorised to act on behalf of the bank, whichmay include door to door collections and the instigation of legal proceedings.

Yours sincerely,

 

Notice my first letter was signed only by myself, but my second letter was signed from us both as it's a joint a/c and I thought it best to make it clear that the claim was instigated by my husband also. However, even though this is a joint account and any correspondence from the bank is therefore addressed to both of us I find it strange that this letter is addressed only to me, it seems they have read my first letter and decided to use scare tactics??

 

And then...

I usually miss the postie but this morning my car locked me out of itself with engine running while I de-iced it- grr! Anyway he just caught me on my way out of the door as I was going to post my LBA (today was the day) and hey presto, a settlement from the bank with the following gist:

 

Dear Mr & Mrs......Thank you for your letter of 24th Jan (!! no such letter exists, 22nd & 30th Jan!!) Iam sorry that you have concerns, blah blah..

We explain our terms and conditions, blah blah.....

 

Blah blah, standard letter crap, blah blah, However, having reviewed your case, gesture of goodwill, blah blah without admission etc, £7335.87 paid direct to your account.

....full and final settlement blah blah, prepaid envelope etc

 

pp Sandy Watt

 

No mention of our concerns raised in 2nd letter (30th Jan) about not being in a position to pay overdraft in one go, no mention of the missing £850 and the business account, realise this is a separate account and has so far been dealt with as such by ourselves, (prelim similar to above sent 22nd Jan) but I do feel that the bank deal with the accounts separately or as one as they see fit and it wouldn't surprise me if the money had been used to reduce the overdraft until we receive proof to the contrary. No mention of their contribution to damaging our credit score or the lack of support they gave our business and the stress and hardship these combined factors led to.

 

I am worried that if we accept this offer they will just dump the money into an account which we have no access to, has a large overdraft which they will then call in swallowing most of the money and we will still have all the bills hanging over us that are far more urgent than the debt we have with the bank, which we already had a payment plan in place for before we placed the account in dispute. Interestingly, no mention of that either! Do you think that these are grounds to reject/ignore this offer and if so, hw will this go down if it reaches the Sherriff Court? I know it sounds like I am being greedy, but I really want that interest, compounded it brings the amount to around 12k and this would really ease the burden of the last year or so and I feel that alot of the issues I raised in my letters aren't being addressed. Should I continue to my schedule, still sending my LBA today and acknowledgement of their offer separately, should I amend my LBA to ackowledge their offer or accept it in part payment and say that I intend to continue with the remainder of my claim ie, the interest in court or should I just take the money and run? I can't help thinking that they have sneakily timed this to arrive on they day i'm due to send my LBA to confuse me or in the hope that i'll lose my bottle, maybe they think I have a good case which would be successful in court?

What should I do?Any input would be very greatly appreciated! I was so excited about sending my LBA today and now I feel deflated and angry

 

Again sorry for the long post!!

 

:-x:-( RBS- if you're reading this: YOU SUCK!!!!!

 

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

Link to post
Share on other sites

  • Replies 102
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

:confused: Anyone? Please?

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

Link to post
Share on other sites

Its your decision, if you really need the interest then go for it but I guarantee it will not be a short road!!! Sorry I can not be encouraging but it seems that most of these interest cases end up at least at MCOL stage.

 

At the end of the day its YOUR money. You need to go with your gut feeling.

 

I would send a letter accepting as part settlement, or revise the LBA slightly to include that you will accept as part settlement.

  • Haha 1
Link to post
Share on other sites

Wow, lot's to think about there.

 

Bottom line as miss said is it's your money and you ultimately need to make the decision.

 

On the basis of what I've read, you have to consider a couple of things. Firstly, should your claim progress to court, you won't be able to go through small claims (obviuosly) so you could be exposed to the banks costs should anything go wrong.

 

The contractual interest makes your claim a bit more interesting. This isn't something that you can just chose to claim and just go for. From the little I've read up on it, I do believe the banks will FIGHT for this interest. I believe the onus is on you to devise a water tight reason for claiming this interest and I don't know how many of the larger contractual claims have yet to be settled (don't know, just speculating, you will have to read through successes to find out).

 

When you include things like your credit rating etc, this is a difficult road to go down because how do you put a price on it?

 

As for your issues wiht their response, I think you need to cut yourself off from the emotional side of it all (appreciate it may be difficult) when writing to them as direct attacks are pointless - it might get it off your chest, but the person who is reading your letter will most likely have put the letter down by then!!! It's not their fault directly and when you appreciate the mass amount of mail they are dealing with at the moment it could make them more determined NOT to help.

 

You have a lot of issues in one letter and it is likely that the main issue (your charges) has been addressed and the rest ignored (likely because the person dealing with your letter is there to deal with charges and charges alone). If it were me, I would send a few letters so each issue gets its own complaint raised, each is dealt with seperately etc.

 

I've been following dagrat's claim quite closely and he is trying very hard to get RBS to pay his settlement by cheque but they are standing their ground insisting it is paid into his current account. Not sure how you can influence this as I've run out of ideas on his.

 

 

So final thought......well you have to make a decision based upon your financial situation (of which I know little so cannot say for you) how much you will miss the extra money and make a decision based upon that. Remember there are initial costs in going to court (albeit reclaimable) and rest assured they will defend a contractual interest claim. If you ignored advice previously, taking them to court for CI will mean taking as much advice as possible and reading LOTS. Go round the success forums searching for CONTRACTUAL. Have a read of this one as the guy is very astute, makes excellent arguments and writes a very useful letter (he also was successful!!).

 

Remember, you don't need to write a knee jerk reaction. Just because your deadline is up you don't have to react immediately. Take a couple of days to weigh up your options, have a read, decide on the pros and cons of each option. Your offer isn't going anywhere!

  • Haha 1

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!!!

Link to post
Share on other sites

Thanks for your input guys, it's much appreciated:p Oh and I forgot to mention before that'm claiming in Scotland.

I think i'm going to follow up with this, any thoughts?

 

 

Dear Mr Watt

Thank you for your letter dated 2nd February 2007 and received by ourselves this morning.

We respectfully decline your offer of Full and Final settlement and request, once again, that you return to us all charges imposed on this account totalling £7591.71.

We will accept the sum offered only as part settlement and on the clear understanding that we will pursue recovery of the remainder, through the courts if necessary. We would also like to point out how disappointed we are with your response. While we understand that you are receiving a high volume of claims of this nature at the moment, we feel that your letter is just a standard response which pays little or no regard to our previous correspondence with the bank or our individual case, infact, refund of the charges was just one of our requests, the rest seem to be getting overlooked or ignored.

For your clarification we outline them again:

We request that our refund includes compound interest at your current contractul rate untilthe date of settlement

We request that our refund is not paid directly into our account, rather that it comes in the form of a cheque

We request that our previous payment plan to reduce the agreed overdraft of £3600 at a rate of £75/mth still stands

We request that any amount by which we exceeded our agreed overdraft limit be deducted from the refund

We request that any action on our account or regarding our account be halted until resolution of this claim

We request that the default registered against this account in our names be REMOVED from the register- not amended or corrected

We maintain that as of 23rd January this account is in dispute, letters from solicitors (enc.) would appear to ignore this and are both inappropriate and contrary to the OFT code of guidance

We request that we receive confirmation of how the debt of £5867.16 became £6122.54

We request an explanation as to the whereabouts of the BACS payment of £850 from CITB Construction Skills

All of the above points have been covered in our previous letters to the bank, copies of which we enclose for your convenience. Also enclosed is a copy of the above mentioned solicitors letter recieved by us yesterday, 6th February and our Letter Before Action which was due to be sent today anyway and which we see no reason to amend even if we are repeating some of it in this letter.

Our preliminary request for payment dated 22nd January 2007 and our additional letter dated 30th January 2007, (which were both signed for on delivery) indicate that you have until 23rd February 2007 to respond before we commence legal action, however, our deadline has been moved back by one day only, purely to give us time to compose this letter, so for the avoidance of confusion, if you do not respond or you do not respond positively by 24th February 2007 we will then file a claim in the courts without further notice.

We trust this clarifies our position.

Yours Faithfully,

Mr & Mrs.......

 

Thanks in advance:D

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

Link to post
Share on other sites

Excellent letter. Concise and to the point ;) It clearly states what you require of them.

 

Personally I would put the "We request that" in the summary above so as not repeating yourself constantly. Small point and not entirely necessary, just me being picky.

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!!!

Link to post
Share on other sites

Wow!! another speedy reply, thanks T4FF, I wasn't too sure so I thought i'd put it on here first, feeling confident now, off it goes to Embra in the morning, wehey!!:) :)

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

Link to post
Share on other sites

  • 2 weeks later...

Hi all! I thought it was about time I brought my thread up to date. My husband received a letter from the branch yesterday regarding the bacs payment I referred to in one of my letters. It reads:

 

Further to your letter dated 30th January 2007, I can confirm that as per your query with regards to the business account we did receive a BACS credit on the 8th January 2007 from the CITB. This has left the account in credit to the balance of £466.12.

 

Unfortunately as the accounts are in dispute we are unable to refund this sum to you at this stage. However, once you are in receipt of written confirmation of the outcome of your concern, we would be obliged if you could contact us further in order that this matter may be resolved.

 

Yours Sincerely

Customer Services

 

Hubby spoke to the bank about this amount when we first got the letter from CITB confirming the BACS credit and the bank told us that the remainder would be refunded via cheque when the payment reached the account. I confirmed with CITB that it cleared into the account on 8th Jan and we did not place the account into dispute until 23rd Jan. We have received no other acknowledgement from the bank that either account is in dispute, infact they seem to be ignoring it by sending us letters from their solicitors!??

 

We received the following letter regarding the joint account this morning, I have inserted my thoughts in red:

 

Dear Mr & Mrs...

 

Thank you for your correspondence received here on 12/02/07 (but signed for on 09/02/07!!) relating to our recent offer to settle your complaint for the amount of £1700.22 as a gesture of goodwill. Our complaint is for £7591.71 plus compounded contractual interest and their 'goodwill offer' was for £7335.87 with attatched conditions and without addressing any of our issues! What are they on about??:rolleyes:

 

I am sorry that you feel unable to accept this offer, but having validated your claim and discounted any charges that do not relate to unarranged borrowing, I can assure you that it represents all administration charges that were applied. I made it clear that I had deducted all Royalties Gold charges from the amount being claimed, what other charges could they be on about?:?

 

As we are making a goodwill gesture by offering you an amount equivalent to these charges, we are unwilling to consider additional payments in respect of any consequential interest you may have calculated. Similarly, we will not refund any legal or other costs you may have incurred in pursuing your claim. Surely that is for the courts to decide if it gets that far?:o

 

I believe our offer is a fair one and hope that, on reflection, you will feel able to accept it. If so, please sign and return the original acceptance proforma and I will arrange for your account to be credited. Again, ignoring previous requests for a cheque as the account they refer to has been closed!:mad:

 

If however you remain unwilling to accept our offer, I regret that you will need to either refer your case to the Financial Ombudsman Service who offer a free independent review, or alternatively proceed with legal action.

 

Should you wish to approach the Financial Ombudsman Service, please let me know and I shall arrange for the Bank's confirmation of Final Response to be issued.

 

Yours Sincerely

 

Is it me being paranoid or does this letter seem more confident than others? :-|

 

I intend to file a Summary Cause claim on Monday, does anyone have any thoughts on this?

 

As always, any advice offered is greatly appreciated, thanks!:razz:

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

Link to post
Share on other sites

Its just a "fill in the blanks" standard letter. Seen this in a number of threads hence the lack of response to specific questions from you and incorrect information.

 

If you are filing your claim I suggest you read up on (recent) Contractual Interest claims and ensure you have a watertight argument as to why you deserve CCI (remember, if it goes to court, the judge has to decide so you need to persuade them).

 

Secondly, as a reserve, make sure you have a second spreadsheet handy with the 8% calculations on it so that should you end up in court (possible), you have this amount available as an alternative should (s)he refuse you CCI.

 

Think there has been a change in opinions in recent weeks having read around and I believe recent opinion is should you receive a FULL settlement including 8% it is probably advisable to accept........I have only touched on this subject whilst reading round so don't know the specifics or the reasons for the u-turn, you will have to do some reading.

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!!!

Link to post
Share on other sites

Cheers for that, T4FF! I've tons of reading to do before i'll file:o

 

About the interest spreadsheets, do I not just include the charges sheet and then specify the rate of interest I wish to claim, including the judicial 8% on the form as an alternative should the court decide that contractual should not be awarded. I'm in Scotland so I will be doing Summary Cause actions with an upper limit of £1500 excluding interest. I haven't calculated any interest as yet because it should be paid up to the date of settlement and is for the banks to calculate. Is this correct?

 

Thanks in advance:)

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

Link to post
Share on other sites

Hi, i'm back again with more questions!:rolleyes:

 

I am in the process of filling out forms 1 & 1b to file on Monday and I can't seem to find one that asks for contractual interest with judicial rate as an alternative. Am I safe to change this myself and if so does anyone know how I would word it? Sorry if it seems like a dumb question, I don't want to mess it up at this stage though!

Remember i'm claiming in Scotland and will be going through Elgin Sherriff Court if it makes any difference, I read a thread somewhere that says they're quite pernickity with wording- they made him change "Claimant" & "Defendant" to "Persuer & "Defender"!

 

As always, any help is much appreciated, thanks!:D

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

Link to post
Share on other sites

:???: Hellooo, is anyone about?

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

Link to post
Share on other sites

Bumpety-bump! Anyone??:|

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

Link to post
Share on other sites

Hi,

 

Could someone please have a look at my thread as i'm now very worried and not at all sure about what to do:confused: The thread is located here:

sn00psmum (&dad!) v RBOS - Page 5 - Penalty Charges Forum

Thanks in advance:)

Update: For those reading this thread, I have now been banned from P.C.Forum and I think my thread may have been removed, so this link may not work anymore!!

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

Link to post
Share on other sites

Hi SM, I have seen your last couple of posts but I must confess I didn't post anything because I don't know the answer - never been that far. Obviously this is urgent with it being Monday tomorrow. What I would advise is to pm a couple of the more experienced ppl who hang round the RBS forum with a link to your questions, I'm sure they'd be glad to help.

 

In case you don't know, to pm someone, click on their name and on the next screen it says send [name] a private message.

 

Good luck!

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!!!

Link to post
Share on other sites

Thanks T4FF!

 

It's not too urgent even though it's Monday tomorrow, i'm feeling far more relaxed now- while I am really keen to stick to my deadlines so as not to appear lazy/soft, I'd much rather take an extra day or two to make sure I am 100% sure of what I am about to do and do it right!!:wink:

 

I've just finished reading a discussion on C.I in which I have found the strength to carry on with my intentions, just getting v.late now and i'll have new spreadies to prepare etc. That's a point, do I need spreadsheets and copies of all correspondence to file or does that come later on? I think I read somewhere that all I need to file are the form and the payment, is this correct? I will ask at the courthouse tomorrow, i'm going to pick up the necessary forms for Summary Cause as I understand there's more room on the actual paper ones than the downloadable ones.

 

Will post again tomorrow x

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

Link to post
Share on other sites

Guest stephen

Hi all:-)

Firstly, I would like to apologise for the very long post that follows! I'm subscribed to another similar forum, so have taken (and ignored at my own peril!) advice and guidance from each. I'm too embarrassed to go back to the other forum until I see the outcome of this claim as I was advised that interest could not even be mentioned until court, but my claim is large and therefore the interest on it is substantial, also I really do believe that I am entitled to it as this bank have s**t on us for long enough!

 

Hi yes it me from the other site, please be aware that filling a claim after you been offed full settlement,

 

just to push for contractual interest, is very very dangerous, and could end up with you paying out a lot of Money, to the bank

 

anyway we have given you the best advice the choices is yours

Link to post
Share on other sites

Sorry for the slowness of my post- my computer decides to log-off at m'night every night, usually when i'm towards the end of a long post-grr!

 

Hello Stephen and thanks for your interest!

 

I'm a little confused though- have you contributed to my thread on the 'other site'? I assume by that you mean Penalty Charges? I fully understand that those who have added to that thread are extremely worried about my intended actions regarding C.I, I don't mean to worry anyone (although someone on my thread last night was almost having kittens and couldn't go to bed until I replied!) and I am truly touched by and grateful for everyone's concern. Also, If my claim goes pear-shaped then I accept all responsibility for my actions and would never try to lay the blame at anyone elses door as the decision ultimately lies solely with me.

 

I don't want anyone to think that i'm just going to jump in with both feet and file for C.I without doing a whole lot more reading and thinking. That's why I am bombarding all these poor people with questions and reading threads until my eyes cross! I have almost but not quite made my mind up on this, I will probably delay filing for a couple of days while I get everything straight in my head. I must also point out that this is for a joint account and my hubby is in full support of anything I decide.

I find both sites an invaluable source of both information and inspiration, I use them both daily and contribute (if that's what my posts could be called!) to other threads as well as asking for help with my own cases.

 

However, I still maintain that the figure we were offered as settlement was not for the full amount of the charges. It was around £250 less and while, in the scale of the actual figure claimed it's not much, my point is that's not their money, it is ours! Why should they make one red cent out of us by unlawful means, it's the principle. It's like them saying 'Oh well, we thought we would make over £7k out of these suckers but it turns out we'll only make £250 (not to mention the money they've made by lending our money out to some other poor unsuspecting soul at an extortionate rate, or investing in property, or buying Nat West!) we'll have to go without that corporate weekend to paradise and drink cider at the xmas do!

I am not doing this out of greed, the mere principle is making my blood boil, but I know that if it does reach court I will act in a calm and dignified manner (not the stressed-out banshee I am at the moment!)and know that I am doing what I believe to be right.

 

I will keep both forums posted as to my actions

 

SM xx

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

Link to post
Share on other sites

Hi all:)

 

Still not filed.....too skint, also something was niggling and i've done a recalculation of my initial claim, can I do this?

 

I have written a letter which i'd love some feedback on if anyone feels like commenting? I need someone else's opinion as I have a tendency towards sarcasm but don't want this to come across in that way! In particular are the items in red necessary?

 

Dear Sandy Watt,

In reference to your letter dated 2nd February 2007, and further to our letter dated 7th February 2007. We are grateful to you for making this offer of settlement, as believing we may have been mistaken in the amount that we claimed, we have recalculated the charges RBS debited from our account between 9th April 2002 and 21st November 2006 and discovered that we were wrong in our initial calculations.

The revised amount, which is detailed on the enclosed schedule of charges is now significantly more than requested in our previous correspondence with yourself. We had miscalculated the penalty charges by £0.90. The new total for these is £7030.26. I now refer to the last item on the schedule, this is the minimum interest that we would have been charged on these penalties. In our previous correspondence we stated that we had done a flat calculation of interest at 8% on the charges, however, we have now calculated this at your authorised rate of 16.35% which is published on the RBS website. This amount has just been added on to the total of the charges rather than when it was actually debited for each charge to which it relates and is therefore less than it should be as it is compounded over a shorter period. We have done this for the purpose of ease, however we would be more than happy to forward these details to an accountant if you require a more precise calculation, at your expense. In fact, most of the time we would have been liable for the unauthorised rate, currently at 29.84% as for the duration of the account we were frequently in excess of our overdraft limit. The revised amount for debit interest is £1149.44. The total amount now due to us at the date of this letter is £15095.77. This includes compound interest at your current unauthorised rate of 29.8% and will increase at a daily rate of £5.91 until settlement. We are seeking this for the purposes of fairness and balance and as recompense for denial of benefit.

Still referring to the attached schedule of charges we repeat the following, the items in bold text we believe to have been combined with Royalties Gold charges which we have no intention of claiming. We have gone out of our way to ensure that we do not include them in any way in this claim by deducting them before entry into the spreadsheet.

I now refer to a letter we received from your department from a person named Mark Douthwaite, dated 19th February 2007. This appears to be a revised offer of settlement and in view of the above figures, I have to say we found it more than a little insulting. I can only assume that this letter has been sent in error before previous correspondences had been looked over.

Again we say that while we understand that you are receiving a high volume of claims of this nature at the moment, we feel that your letters are just standard responses which pay little or no regard to our previous correspondence with the bank or our individual case, infact, refund of the charges was just one of our requests, the rest seemed to be getting overlooked or ignored. However, some of our issues have now been either addressed or revised as follows,

We would be more than happy to offset our debt with RBS, this includes repayment of the previously agreed overdraft on the proviso that the settlement offered reflects the above figure and that we receive with any offer of settlement a detailed breakdown of all activity on our account between the 21st November 2006 until the account was placed in dispute on 23rd January.

We require written confirmation that the default you have registered against this account in our names has been removed from the register, please note that mere amendment or correction is unacceptable.

We ask that you communicate with Greens Solicitors that the account is in dispute and infact has been since 23rd January 2007 and that further correspondence from them regarding the 'unpaid liability' will be taken as harrassment and may be reported to the relevant organisations.

We require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then we will begin a claim against you for the full amount plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus our costs and without further notice.

We trust that this further clarifies our position.

Is this ok? Any input appreciated!!

SM:p

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

Link to post
Share on other sites

I will be brief.....

 

 

I'm lost. I really cannot make any sense of what you are doing as a result of recalculating? What I mean is, the letter has done nothing more than confuse me.

 

Red1 should be removed, don't see the benefit of putting this in.

 

Finally, I am a little concerned by your actions right now. Because of the stage you are currently at, you are very likely to go to court (well you're more or less there). Once there, the "defendant" is going to be putting their side of the story together to put to the judge and you are doing little more than giving RBS ammo to put against you by changing your claim again. I can't really comment, because I don't know what you've done. Perhaps I'm being thick, but I can't make head or tail of what rate you've used and why - you've quoted three in one paragraph!!!

 

Furthermore, if what Steven says is true and you have been offered full settlement, you're already on a tightrope going to court for just interest, let alone amending your claim at the very last minute for a great deal more than you started with!!

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!!!

Link to post
Share on other sites

Hello T4FF and thanks for speedy reply!

 

When I did my first spready I stupidly calculated (or estimated) the debit interest at 8% on the total charges. All I was trying to demonstrate in this letter is that the amount I originally claimed was far less than what I should have claimed, and I thought that if I pointed this out to the bank maybe they would get back to me with a more reasonable offer.

 

What I should have done in the first place was calculate the debit interest at the authorised rate. I realise that this is my mistake and not their problem and that it could look bad at court, but I thought if I sent them something like this it wouldn't get that far. I realise now that this is a daft move, I am giving them ammo and I thank you for making me see that.

 

With all due respect though, the bank have not made a full offer, and I thought I would make one last effort to settle out of court, I want all that I have asked for. Even if I decided to amend the claim, I wouldn't get that much more than I have requested as I have asked for CCI right from the prelim stage. I realise that there are wildly differing views on this subject especially for a claim this size, I myself have been indecisive. I have also been advised to get in touch with the bank and see if they'll add the shortfall of around £250 onto the settlement figure. I realise that it's only £250 out of my large claim, but it's not theirs to keep.

 

This also in my opinion defeats the object of claiming CCI in the first place. I have written to the bank on three separate occasions, the last of which was to reject the offer. They replied to this by coming back to me with a ludicrous offer of far less than the first one. I feel that I have completely exhausted the possibility of getting a decent offer before court, I had a moment of madness and thought that maybe this letter might do the trick if they realised what I should have claimed but I now feel that I am left with no alternative but to file at court.

 

I don't know if you've read my P.C thread? It's here:

sn00psmum (&dad!) v RBOS - Penalty Charges Forum

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

Link to post
Share on other sites

Right, I understand now - trying to right your wrongs?

 

The problem you have is that you have to stick with ONE claim. Revising this just before going to court could reflect badly on you. I don't know what to advise? Ok, if it's not for the full amount, it's not for the full amount and therefore (IMO) you have every right to file in order to reclaim the full amount so I take back what I said - others might have a different view on this and it's not to say my opinion is the right one.

 

I'm not sure what you should do about the (sorry for choice of words) mess you started with though (i.e. your prelim). You have got yourself in to a situation here where you are damned if you do damned if you don't. If you revise your figures then file, the bank could claim you don't know what you are doing, are making up figures and (possibly) the judge could agree and throw you claim out (COULD). If you don't revise your figures then file, the bank could claim you don't know what you are doing, are making up figures and (possibly) the judge could agree and throw your claim out (again, COULD). On the other hand, I might be worrying about nothing and RBS could (COULD) settle before it gets to court.

 

I'm approaching this with caution right now - I don't want to advise you to do one thing or the other as I think someone way up the pecking order needs to cast their eye over it and tell you the best way to go from here.

 

If it were me - and this is the ultra cautious me - I would want to send them a letter saying that I withdraw my claim for the time being due to errors on my part in the calculation of my claim. I would then maybe wait a fortnight (month?) and send a squeeky clean prelim, correct calculations and all and go from there. Whether this is viable or not I DON'T KNOW (it might not even be financially possible for you?) so like I said, you will have to seek some advice from the gods.

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!!!

Link to post
Share on other sites

If you revise your figures then file, the bank could claim you don't know what you are doing, are making up figures and (possibly) the judge could agree and throw you claim out (COULD). If you don't revise your figures then file, the bank could claim you don't know what you are doing, are making up figures and (possibly) the judge could agree and throw your claim out (again, COULD). On the other hand, I might be worrying about nothing and RBS could (COULD) settle before it gets to court.

 

OOH, that possibility didn't even cross my mind and i'm glad you've pointed it out to me! :o The first two (COULD)s would be disastrous, the third (COULD) is what I was hoping WOULD happen when I sent the letter!

 

Waiting a few weeks longer isn't a problem, i'd rather do it right and get all we've asked for.

 

You're right when you say that others have different opinions on the issue of the £250 shortfall, i've even been advised that since it's money I thought I would never get back in the first place I should let the banks keep it!! I've also been informed that the other site can no longer advise me as i'm so intent on getting back what's ours in the first place:rolleyes: AAAArrrghh!!!

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

Link to post
Share on other sites

:| Are any of the Gods around to offer words of wisdom? :confused:

 

Also, I have started a thread on Rentsmart (leased equipment from PC World for business) here: http://www.consumeractiongroup.co.uk/forum/pcworld/70319-rentsmart-lease.html

 

and another for an Adams store card (DUET?) here: http://www.consumeractiongroup.co.uk/forum/other-stores/70428-adams-store-card-duet.html

 

Advice on either would be very welcome, all i'm after at the mo is an address for each, so far i've had no responses, I thought maybe if I linked them from here they would get more exposure:p

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

Link to post
Share on other sites

Hellooooo?

 

I refer to T4FF's post #22, does anyone have any thoughts on this?

 

Is there any way I could just amend this anyway and explain to the Sherriff that it was a miscalculation that was made early on and only just been discovered. I've not filed yet and if i'm giving the banks an extra 14 days anyway would this not be seen as fair?

 

Failing that I quite like T4FF's idea of withdrawing claim and starting again in a few weeks time, i'm just worried that this could look really bad, might also make the bank think that I have realised my mistake and be better prepared for my next claim? :o

 

Also, i'm quite worried that all the banks & bsocieties getting much tougher now, esp with large claims- is this true?? I don't want to miss the bus while looking at the timetable!!

 

Any ideas anyone?

SM:p

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...