Hi everyone,

Just thought I'd catalogue my battle with RBOS to refund my charges. I have today sent off my LBA as my preliminary refund request was ignored until the 14th day, when I received a letter informing me that the Bank were very busy and they would look into it in the next four weeks or so. Yeah, right, like they ever gave me any more time when I was busy and they were sucking their charges from my account. So, LBA off today and I am going to research court action. As I am claiming more than £5000, I can't go the small claims route, but believe I need to go on the fast track route. Has anybody else done this and have any hints? I would dearly appreciate any clues, info, help...etc

Ta muchly

Scentinel

Fast track is a good route as it includes Standard Disclosure, which the banks find very uncomfortable.

This is what will happen in all likelyhood.

Claim is submitted and served, they usually acknowledge.

Defence will arrive 11th hour or just after you have applied for default judgement, but it will be vague and woolly and full of 'reserved right to change defence'. They may request lots of other information that is tantamount to arguing your case - this isn't required and can be fought at the time. Worry not.

Allocation Questionaires are filed and the Judge allocates Track and orders SD, Statements of Truth and case management conference.

Cust Relations keeps trying to settle.

Cobbetts send you a cheque for less than the full amount (especially if you have any pre 6 years charges)

Cobbetts applies for Strike out JUST BEFORE S.D. is due.

Judge REFUSES.

Cobbetts get all wobbly and decide the client is 'minded to settle'.

Expect a cheque.

Yes, I've been there....and I'm nearly at the home-plate. Might be able to give you pointers and you can certainly use any of my stuff is you need it. My thread is below in my sig, it's not got all the documentation you will need because we've kept some of it hush-hush for now until it's impact is fully assessed.

Don't Forget to Click my Scales!

Cheers

Phil

Thanks Phil.....very useful advice. I must confess to feeling a bit nervous as it's such a large amount, over £6,000, and I am concerned about the ruling made last week against a claimant.

Still, I have no choice but to carry on as I am committed to having my money returned to me.

Just to go off point for a moment, I have received two letters from GE Money (formerly GE Capital), vis a vie two store cards I have. Both letters, which came separately, claim I did not enclose the account number in my SAR letter. Hmmm... fortunately I kept copies and there, just underneath the"Dear Sirs" bit, are the account numbers. Another delaying tactic, methinks.

Just an update......received my statements on the 39th day. Sent in my initial claim for return of my money. On the 14th day, I received a letter from Drummonds (RBOS) advising me that they were too busy to deal with the likes of me and they would get around to replying at some point after the 12th of Never. I have paraphrased a bit.....Sent off LBA and am now waiting......and waiting......and waiting...

This is a standard tactic, shame they are busy awwww they could have more free time if they

a) Stopped charging penalties

b0 Paid all the current claims now!

I've had a win vs GE money. Had a second mortgage with them (stupid, I know) and we still had about £1800 to pay back AFTER the term of the load expired.

Turned out it was ENTIRELY composed of penalties applied during the loan's 6 year life, for various missed and bounced payments, PLUS compound DAILY interest at about 10 points above base rate.

Went the usual rounds of SAR and prelim before a manageress phoned me and told me mortgages didn't count, they could set what penalties they liked. I disputed this using the legal jargon we employ in our CAG letters. She went away suggesting that she would put my case to the underwriters and see if the debt could be written off.

Well b*gger me if she wasn't as good as her word, when about 2 weeks later I got a letter saying thanks for the business, loan complete, debt discharged, and a quick search on the land registry site confirmed there was no second charge. Yippee!

So stick with it, they were reasonable to me, but they may have been inundated by now....

Good for you, hydra. On the other hand....Amex sent me all of my statements, going back over 9 years, returned my cheque and encouraged me to contact them should I need any further help, at any time......do you think they know what's going on?

I have been following the goings-on over on the Cabot forum, as I am dealing with them too, and as I don't want to hijack anyone else's thread, could someone advise me as to the following: I sent ove my CCA letter to Cabot ref two credit cards, and they responded by simply giving me the outstanding balance on the two accounts (as though I am not blindingly aware of them), but should I have sent the CCAs to the original card issuers? Or both? Or neither? I think I might be losing the will to live....

***bump*** anyone?

Ok...new problem....I was just putting my case together to go to court (will be submitting my N1 on 6th June if cold hard cash does not drop through my letterbox) and I came the bit about the 8% interest. No worries, I thought, I'll just look it up. So, I did...ermmmm I used the online calculator available on the site map. However, it asks me to input when the sum claimed became due. That's the puzzler. The sum claimed accrued over 6 years, so should I put the total sum in there with the date of the start of the claim (2001). That doesn't seem right as in 2001 I hadn't yet had removed from my account the sum I am now claiming. I don't want any more than I am owed. Can anyone help with this as I need this info by next week and I cannot understand it..Please!! And where do I find a credit card spreadsheet? I've used the Bank one, but it's different for credit cards and the ones shown on the site won't open with firefox for some reason.

yesterday I received a letter from Barclaycard containing some of my statements, not all, and stating that they keep the rest on microfilm and whilst they "do not consider that the microfilm statments fall within the scope of the Data Potection Act 1998" they will forward the rest in about six weeks. They claim that the Information Comissioner is aware of their position. So, do I now stick to my given timetable and report them for non-compliance on 4th June (when the 40 days are up) or do I wait and see what happens in six weeks. I am minded to say that 40 days are long enough to comply and given the massive profits that the banks declare you would think they could take on staff to deal with these requests. So, should I stick to my original timetable? Or wait the six weeks...any ideas?

hello..?

hello?