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    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
    • I'm afraid that I have tried downloading it three times and each time I am getting an error message. Would you mind scanning it again please and uploading it again. I understand that JK has managed to open it but others may not. Thanks
    • I can see that.   In this case, I'd email both that receipt and your tracking label to evri's small claims email and say that is the information you have.   They'll figure it out from there I'm sure
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Daz182vsRBS


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Hi all,

 

Been meaning to get this started for a while now, but todays the day.

Im guessing my claim will be around £1500 - £2000.

 

Step 1.

 

Data Protection Act Request letter (including £10 cheque)

Sent 24/02/2007

 

Will keep you all updated.

And would be greatful of any information/help/advice any of you can give

 

Thanks and Regards,

Daz182

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:) Good luck! Any questions, just ask- people on here very knowledgable & helpful. Are you claiming in England/ Scotland?

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.

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:) Good luck! Any questions, just ask- people on here very knowledgable & helpful. Are you claiming in England/ Scotland?

 

Yes, I am claiming in Scotland, and i am aware that there are a few differences as to court procedings(should it get that far) for claims above £750 which i think mine will be, (i estimate About £1500 - £2000) but i will wait and see what the statements add up to when i get them.

 

Cheers,

Daz182.

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Hello again!

 

If it helps, Summary Cause upper limit is £1500 as opposed to Small Claims which is £750. So if your claim is, say £1900, you would do one summary cause for the charges up to but not exceeding £1500 and then do a small claim for the remaining £400. Work from your OLDEST charge first and do the Summary cause first as you will then get the bulk of your money and then go after the remainder. Both amounts are EXCLUSIVE of interest and the cost of bringing the action so don't include these in the amounts. It costs the same to file, £39, the difference being there is no upper limit to costs that can be awarded against you should you lose- NOT GOING TO HAPPEN THOUGH!! Just do alot of reading to familiarise yourself with the process and boost your confidence. They usually fold before setting foot in a courtroom!

It's worth mentioning that alot of people (myself included) are stating that settlement is to include interest at the bank's current contractual rate, RBS at the moment is 29.8%, up to date rates for all banks can be found on their websites, might take a bit of rummaging tho! If you are going to claim for this you need to do a bit of reading up on it to be sure and you must put it in writing from the outset.

 

Read people's threads and ask lots of questions before you jump in, it's pretty straightforward but you need to get it right! We're all in the same boat here. Stick to your guns and your timescale- not theirs, they have been using all sorts of dodgy tactics designed to scare, confuse and delay but don't let them get to you!:eek:

 

This is a great site where everyone is keen to help, so just ask!!

Best wishes :)

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.

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  • 2 weeks later...

Update:

 

Statemeants arrives today 10/03/2007

 

Just done a quick scan through them and looks like im due about £1100

 

Will do a more detailed calculation later today and get letter typed up.

 

Daz182

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  • 1 month later...

Good on yer, we Scots should stick together (and our Welsh friend T4FF included of course :) )

You are fortunate with the size of your claim, being within the summary cause limit. If the bank does not respond to your LBA timescale you can fire ahead with court action increasing your claim by 8% interest.

Keep us posted on your progress.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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Yep, good luck!

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.

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Update:

 

Got a reply from prelim letter(sent on 24/04/07) today (28/04/07)

 

"Dear Mr XXXXXX XXXXX

 

Thank you for your letter regarding charges applied to your account.

 

We are currently considering your claim and will respond to you as soon as possible.

 

Yours sincerely

 

Sandy Watt"

 

The clock is ticking........

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Thats good to hear, many people dont even get the bog standard " investigating you complaint" blurb. I keep saying, if your claiming basic charges without interest you will get the full amount, many many people have. :)

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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  • 3 weeks later...

Hi all,

 

Need some advice, as per previous posts, i received acknowledgement letter back from RBS after sending my prelim letter,

 

However, now there 14 days are past, what do i do now, do i send LBA? if so do i quote there reference number that they put on the reply to the prelim?

 

Help please, i wanna get this wrapped up ASAP,

 

Cheers,

Daz

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