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Tomba90 v RBS --- ***WON!!!!****


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Well, the ball is rolling. Sent my initial letter off today for a whopping £4640. But having a nightmare, because when you add the 8% on, the final total is £5394. which is over the limit for the small claims court.

 

What shall I do ?

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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Guest BlueRuby

Don't worry. The 8% only comes into play once you file your claim. It's only the total of the charges that counts towards the £5k.:)

Good luck and keep us posted of course.

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Nice one, thanks for that. and will certainly keep the thread up to date

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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**UPDATE**

 

Sent 1st letter 7 days tomorrow, but still no reply!!!!! :)

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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8 days from 1st letter and I have received a letter from the service quality team in Glasgow, so the internal mail at RBS is working well. see below for letter detail:

 

Dear Mr ........

 

Thank you for taking the time to tell me about your concerns. All concerns are important to us and I welcome the opportunity to address the issues raised.

 

I am not yet able to answer your concerns fully, as I need to look into matters further. I will contact you again within ten days, either with a full response to your concerns, or to update you on the progress I have made. However, if you need to speak to me regarding this matter, please contact me on the direct dial number shown below.

 

In the meantime, I enclose a leaflet, which explains our concerns handling procedures for your information.

 

----------------------------------------------------------------------------

 

The leaflet is just the usual crap......

 

Do I call or wait until the initial 14 days are up and send the second to the addressee ???

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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OK RBS your time is up, sending my 2nd letter, I'm ready to fight..............

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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Received a letter today offering £1000 towards my charges as a good will gesture, the standard one.........

 

But it was from "Glasgow Collection Centre" does this mean I have to claim through a Scottish court now ????

 

Have looked through the FAQS but can't find anything, any info. would help

 

cheers

 

 

PS Got them scared though :)

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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No just put the branch address on your claim!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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  • 2 weeks later...

Hello again, well i'm on the moneyclaim site about to claim my well earned cash back, but have a question. How do I calculate the interest at the same rate up to the date of judgment or earlier payment ???

 

Please help, I have been scrawling the FAQS for hours........

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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Hi its the value of the claim @ 8% divided by 365 days gives you the daily rate!

 

I struggled with that bit too and I'm a qualified accountant!!!!:p

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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Cheers for that Stacey !!!!

 

So if my calcs are right:

 

claiming £4640

8% int is £779.54/365 = £2.14 daily rate.

 

Next problem is:

 

Claim £4640 and add £779.54 = £5,419.54

 

which takes me over the 5k limit, money claim states I need to add it on!!!! is that right ??????

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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So if my calcs are right:

 

claiming £4640

8% int is £779.54/365 = £2.14 daily rate.

 

No - the daily rate is your claim amount x 0.00022 (which is basically 8% divided by 365)

 

So your daily rate of interest should be £1.02

 

 

Your claim will be fine on the small claims track as the claim amount is under £5k. However because the total claim amount is over £5k the Court fee will be £250.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks again !!!!

 

Claim has been completed and payed for 28/06/06

 

I will keep you posted. !!!!

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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I have looked at my clain online and it is asking me:

 

Do you wish to enter Judgment by Default or by Admission?

 

do I answer this now or what ??

 

Helpline is shut................

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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There's a spreadsheet, in fact there's 2 of them, in the Library that works that all out for you...

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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I think thats if they don't acknowledge within 14 days and defend within 28 days, to apply for judgement by default.

 

someone else may know otherwise!!!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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There's a spreadsheet, in fact there's 2 of them, in the Library that works that all out for you...

 

I'm all sorted on that front, cheers anyway though !!!!

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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I think thats if they don't acknowledge within 14 days and defend within 28 days, to apply for judgement by default.

 

someone else may know otherwise!!!

 

I think your spot on, i'm just being stupid

 

Cheers stacymason

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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  • 2 weeks later...

Hi Everyone...

 

Well RBS has filed an "acknowledgement of service" and intends to fully defend the claims, giving them until 08th Aug.

 

The solicitors are Cobbetts of Manchester, I see it is the usual way they proceed.

 

Does anyone now how many cases actually go to court ??

 

I must be weird but I would like to go, just to witness them loose......

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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none as far as I am aware for RBS yet, I think our only chances of seeing a courtroom are if we win by default and they apply for a set aside! Might be worth it! drags it out a bit though!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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none as far as I am aware for RBS yet, I think our only chances of seeing a courtroom are if we win by default and they apply for a set aside! Might be worth it! drags it out a bit though!

 

Cheers stacymason

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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have you got your defence from cobbetts through yet, let me know if its similar to mine which i guess it will be....

 

Nope, just posted a request on your thread though, hope you can help.....

Tomba90

 

First they ignore you, then they laugh at you, then they fight you, then you win.

- Mahatma Gandhi

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