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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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A new member - help please!


scotsboy67
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Hi all

 

I've decided to finally take the plunge and attempt to reclaim my bank charges from RBS. I've obtained my bank statements for the last 6 years and added up all the charges I've paid and it comes to around £8200 which I know is quite a lot. I've got a couple of questions though I was hoping someone could help with, before I start the process..

 

I'll be claiming in an English court (if it comes to it) and the limit on small claims is £5k. Does this mean I need to appoint a solicitor and claim through another court?

 

I read somewhere else on the site that claiming a larger amount can actually be beneficial. Can anyone direct me to where I might find this info please?

 

How have people found dealing with RBS on bank charges? I've banked with them for over 10 years and in general have been a good customer however I experienced some financial difficulties over the last 2-3 years (which I have now got on top of) and I think this has had a detrimental effect on my bank's view of me as a customer.

 

Finally, my difficulties over the last couple of years have affected my credit rating so I've been finding it difficult to open up another current account (as a parachute account) however I have managed to open a basic cash account with another bank. Should I risk RBS closing my account if my only other option is a basic cash account elsewhere?

 

Sorry for the length of this e-mail but if anyone out there can help me with any of these points I'd be very grateful. Thanks.

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Hi Scot. Your fears are common with those starting out from scratch but I can assure you it isn't as dangerous as you might think. I much the same as you was a model customer, got into difficulty and they drove me into the ground, but that's neither here or there to be honest. Firstly, Nationwide and (I think) Alliance & Leicester have been fined heavily recently for retaliatory account closures and I think the banks are avoiding this option now. Furthermore, I've not come across any RBS bankers who have had their account closed (there may be some but if there are, there's not many). So panic over there then :D It's good you have a parachute account there as final backup but I would think you might have little use for it (apart from transferring your winnings to it ;))

 

Secondly, I'm not entirely sure of the benefits of going through a large claim, there may be others who can advise but I will tell you what I do know....

 

You definitely DON'T need a solicitor. All the information you require can be found on these forums and with a little bit of research by you, you should be able to follow the process yourself even if it gets to court (thousands of others do).

 

Pop into the FAQs forum, read through the guides and all the information in there. This is ESSENTIAL for doing your claim correctly. There is also a user guide for if you claim goes to court.

 

Also, whilst you can proceed with the full claim (and I'm hoping someone else can tell you the pros and cons of doing it this way), you could split your claim into two sections so that you have two small claims for £4100. Split them by a date where either side is about £4100 of your charges and hey presto, you have two claims, both through small claims court with the benefit of not being exposed to the defendants costs (should it go through the courts). Obviously do one at a time in this scenario so you don't get in a mess.

 

Think of it this way - £8k in your pocket is a really nice sum and if it means spending a couple of days doing the research and learning the process, reading other people's experiences then it's surely worth it? Take your time, read read read and read some more :D

 

A couple of useful threads to look over in the RBS forums to give you an idea of how things are going are HydraUK, mcuth, livelylad - they are all quite detailed cases and all 3 are currently in court. Mine are linked below and me being a bit of a nerd have kept them quite detailed so you can get an idea of the process from start to settlement (albeit mine were for a lot less). If you get stuck, just ask questions. People in here are very keen to help.

 

Oh, and 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!!!

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Hi T4FF

 

Thanks very much for the detailed response, you've made me feel a lot easier about a lot of things!

 

As you say there is a lot of very useful information on the site and I'm currently trawling through other people's advice and experience before I submit any claim.

 

Only one thing I'm left unsure about is whether you can claim more than once as you sugesst in your mail. I've read elsewhere that you can't split a claim in two in order to pass it through the small claims and that banks won't entertain anyone claiming twice on the same account. If anyone else has experience of this please let me know.

 

Thanks again for your help..I'll keep you posted!

 

Cheers

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I don't think there's a legal reason why you shouldn't split the claim, but I think you're right that the bank would get queer very quickly if you started double dipping....but that's why you've set up a parachute account, haven't you ;)

 

And as T4FF says, there are plenty of people to help out with issues, but be aware - there's a lot of work to do and the nitty-gritty is down to you.

 

Crack on!

 

Phil

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mbdiss is one that springs to mind who has recently settled a second (or is it a third? can't remember) claim on the same account. She is in the RBS forums, should be easy to find her claim....

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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mbdiss is one that springs to mind who has recently settled a second (or is it a third? can't remember) claim on the same account. She is in the RBS forums, should be easy to find her claim....

 

I think mbdiss is a bloke? mbe ur thinking of dpgunn? hehe Mornin mate.

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Well hopefully HE doesn't come across this thread then :D

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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Ah, wasn't mbdiss was missm

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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Hi guys

 

Thanks for your help. Sorry its taken a while to respond but I've not been on the site for a few days.

 

I've taken the plunge and sent my prelim letter, statements and spreadsheet off to RBS. I've received a prompt holding letter and await their further reply. I'll let you know how things go.

 

Thanks.

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