Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    clakkers Novitiate



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    Default Clakkers Vs RBOS

    Allo All...

    Great great site, takes some reading and more again...here's where we're at...

    Sent for statements 17th April
    Received 3rd May
    Asked for charges 3rd May, rec del. 14 day timescale to respond
    Reply rcvd 9th May, Sandy Watt, looking in to claim,8 wks etc
    Called 22nd May, We will write with offer? 6-8 weeks
    Sent lbaicon 23rd May, 14 days to respond
    Email to Sandy 29th May, Asking for update
    Reply fr. Sandy 30th May, 8 weeks to respond etc
    Email to Sandy 7th June, Asking for update again...
    Reply fr. Sandy 7th June, 8 weeks from 9th May, etc etc

    We're now clearly over the 14 days from our LBA (23rd May)...Just looking for the nod off fellow claimers to file for court...im guessing we've been overly patient as per our letters...hopefully this won't affect our claim?

    Any advice would be appreciated.

    Regards

    Clakkers



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  2. #2
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    vonnie32 Novitiate



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    Default Re: Clakkers Vs RBOS

    Hi Clakkers, got your PM your very welcome.

    As I said it's up to you what you do now, file at court and wait for your money plus 8% interest or wait till mid July for an offer. It entirely depends what you want to do.

    I have a larger claim outstanding with RBOS that I am happy to wait the 8 weeks to resolve as it will save breaking the claim up into several court cases.

    Do what you are happy doing and GOOD LUCK.

    I'm off on holiday tomorrow, with some extra spends thanks to RBOS! lol

    Vonnie

    9/8 - Discovered Consumer Action Group Site

    RBOS - Personal Account
    10/8 - S.A.R - (Subject Access Request) to RBOS
    17/5 - Defence lodged by RBS
    24/5 - Court date
    21/5 - Offer received
    22/5 - Offer rejected
    25/5 - New offer received and accepted!!!!!!

    MBNA Credit Card
    10/8 - S.A.R - (Subject Access Request) to MBNA
    Feb 07 Received payment in full...Yeh!!!!

    RBOS Business Account
    25/5 - May 07 - Statements received
    23/7 - Offered received
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  3. #3
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    clakkers Novitiate



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    Default Re: Clakkers Vs RBOS

    **BUMPED**

    Ok, struggling a little, need some guidance...this morn decided to go for court, started to access pages for filing in the court papers...

    We started this on MSE, and rightly or wrongly, asked for 8% intrest in our first letter...after no reply, we double checked (or so we beleived) our figs, had to amend them slightly in RBSicon favour, from £1309 to £1259...rcvd normal looking into claim etc...

    Thru CAGicon spreadsheet, the figs have now come up £1322...!!! ARRGGHHHH

    Is it adviseable to change again? for the sake of hassle it isnt worth it, but off the spreadsheet of MSE, we note serveral dates (day n month) got mixed up...however this kind of detail, if faced in court im guessing would be frowned upon? Also, the interest is slightly different too...

    So, do we...

    A/ SEND ANOTHER AMENDED CLAIM? WITH ANOTHER 14 DAYS?
    B/ CONTINUE WITH COURT CLAIM AS IS? BUT NOTE ON COURT PAPERS THE amendmenticon?


  4. #4
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    Kurt_Hamster Novitiate Kurt_Hamster's Avatar



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    Default Re: Clakkers Vs RBOS

    It doesn't really matter if your claim amount changes prior to issuing your court claim.

    Double check your figures and when you are sure you have them right then use those figures in your N1 POCicon. Don't forget to include your itemised list of charges with your N1 submission.


  5. #5
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    clakkers Novitiate



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    Default Re: Clakkers Vs RBOS

    Kurt_hamster...

    Many thanks for your note, I was getting slightly concerned, but once more we shall plod on...

    Thank you for taking the time to reply....

    Regards


  6. #6
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    clakkers Novitiate



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    Default Re: Clakkers Vs RBOS

    Ok Folks Need some help...Have searched site, Im sure ive seen it somewhere, weeks ago, before i started note padding pages but...Just filling in N1 form...(and now i cant find anything on interest)

    I understood the 8% to be added to each charge the day it was made...right or wrong?

    I dont understand this overdraft interest on top??? other than it being the interest charged on the charge that took you over?

    saf'fd;lf;flsa;f afls ;lsf ;sf;fl';flsflfs

    If i choose to ignore this, How would i word the bottom paragraph?

    Charges £xxx.xx
    Overdraft Interest £xxx.xx (i will omit this line)
    Interest under s.69 County Courts Act 1984 £xxx.xx
    Court Fee £xx.xx

    TOTAL £ xx.xx

    Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

    Help...

    Sorry for being so stupid...


  7. #7
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    clakkers Novitiate



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    Default Re: Clakkers Vs RBOS

    Well...

    Ignore above thread...have filled in N1 form now...

    Going for 8%, as per s.69 and then 0.00022 daily rate from date of claim till settlement.

    gulp.


  8. #8
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    Default Re: Clakkers Vs RBOS

    Errr, the 0.022 daily rate is the s69 8%


  9. #9
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    clakkers Novitiate



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    Red face Re: Clakkers Vs RBOS

    ummmmmmmmmmm

    Allo Kurt_Hamster...

    I have put on it...

    1/Charges £100.00 (not exact amount just example)
    Interest under s.69 County Courts Act 1984 £10 (intrest at 8% on each charge since being charged)

    Court Fee £50.00

    2/plus intrest pur.s69 cc act etcetc from date of issue to settle/judgem. at 0.00022 per day or at such rate court deems appropriate

    Um, I take it from your note, that paragraph 2/ is other intrest on top of our claim?>>>

    My god, I knew in my heart i was going backwards with my thought process...

    What should i have put/how should i have worded it.

    I greatly appreciate you taking the time to post and advise...


  10. #10
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    Kurt_Hamster Novitiate Kurt_Hamster's Avatar



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    Default Re: Clakkers Vs RBOS

    Unless you are going for Contractual Interest (which in itself is a prickly issue!) the 8% statutory interest is the 8% (non-compounded) worked out on each individual charge on a daily basis.

    You only claim for one lot of interest.

    So the value of your claim would be...
    • Amount of Charges
    • 8% Statutory Interest on those charges
    • Court Costs
    Incidentally you can only claim the s.69 interest until the date you issue the claim. It's the judge's prerogative to award the 8% for the duration of the claim.


  11. #11
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    clakkers Novitiate



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    Default Re: Clakkers Vs RBOS

    So the value of your claim would be...
    • Amount of Charges
    • 8% Statutory Interest on those charges
    • Court Costs
    So the above is all i put on there? Kurt_hamster, many thanks for your input.

    I emailed Sandy again, just in case, got a reply saying, court is your decision etc, but your reply is due in two weeks.

    Im guessing this reply could offer a part amount, whole amount minus interest etc...

    I will decide tonight whether to go to court or not.

    Thanks for your input mate.


  12. #12
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    clakkers Novitiate



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    Default Re: Clakkers Vs RBOS

    Well Vonnie32, Kurt_Hamster...

    Decided to wait for the fosicon deadline, the N1 form fried my little brain. It was only another 2 weeks anyway.

    And so, Full offer of original claim 'blah blah blah'...

    WE WON!

    Thank you both for posting your advice to me, it is appreciated.
    I will continue to come here however, going to investigate pre 6yrs, although i suspect i will need to get my head on properly for that one!

    T H A N K - Y O U !


  13. #13
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    clakkers Novitiate



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    Default Re: Clakkers Vs RBOS *** WON ***

    OOps lol



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