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    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
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Help needed with claiming charges back from RBS


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Hi,

 

I'm quite new to this site and have an ongoing problem with comet which is in the relevant thread. I have spent days looking through the site (which i think is great) and have decided to try and give it a go at getting my bank charges back.

 

I'll need all the help I can get so if anyone is willing please don't hesitate:-) .

 

I have no experience with courts nor have I ever done anything like this before, I'm one of the many that just accept charges as par for the course. I have read through lots on the subject in this site and would just like a few things confiming.

 

I have been with my current bank RBS for approx 6 yrs, I didn't used to have an overdraft and occaisonally went into the red for which I received charges. These charges range from cheques being slightly more than my balance and being returned and/or not enough funds for dd's. As I understand it these charges I can claim back even though it was my fault in not bugeting correctly ? Please confirm.

 

I had a period where I was off work for some considerable time and my husbands wages just weren't enough to support us and the kids subsiquently a charge for something being retuned went onto my ac and put me into the red for which I received another charge, as little or no money was going into my ac my unorthorised overdraft kept going up. I did the right thing and contacted the bank explained my situation and had an agreement set up to pay the overdraft back, I did slip a couple of times and had new agreements set up and eventually paid all the overdraft of with the interest. My husband had similar troubles with his ac as he was trying to keep us afloat.

 

My other question is, how does having an agreement set up on my ac affect claiming my charges back and can I still go ahead and send my SAR?

 

Any advise greatly appreciated

Brooklyn.

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  • 2 weeks later...

Hi,

 

Thanks. Ive just had a letter back from the RBOS asking for a £5 postal order, this is the fee they charge for the service of providing me with my details under the Data Protection Act. Is this correct? I have not read anywhere else on RBOS threads of such a charge. They will not proceed until it is received.

 

Brooklyn.:???:

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Brooklyn,

 

They can ask for payment for a 'S.A.R' - (Subject access request) your statements basically...

 

Normally it's around a tenner, so I wouldn't complain at a fiver!

We sent a chq for £10, a month afer receiving the statements, they cashed it..

 

Send it off asap! Up to 40 days they have to reply...

 

All the Best

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Hello again,

 

Just realised I have all my statements from account opening, can I just use these to calculate charges and if so do I just send a request for them to be refunded to my branch? or to the address which is on the letter they sent me the request for the £5 fee?

 

Brooklyn.

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Brooklyn

 

We crossed in the post...read this section first...on the right hand side is step by step...

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html

 

Here's where you send your letter, once you have checked your statements...its all in the above link, and take some time to read it all...

PRELIM LETTER & LBA

 

Customer Relations

Customer Central Support

First Floor

The Forthstone

56 South Gyle Crescent

Edinburgh

EH12 9LE

 

Regards

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Hi,

 

Sorry I'm not the greatest or fastest at typing (I've just progressed to 3 fingers :-) )

 

Many thanks, I'm spending all my spare time reading this site and its given me confidence, I guess I'm just one of those people thats nervous.

 

Brooklyn.

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Brooklyn.

Sorry I'm not the greatest or fastest at typing (I've just progressed to 3 fingers :-) )

 

Many thanks, I'm spending all my spare time reading this site and its given me confidence, I guess I'm just one of those people thats nervous.

 

Brooklyn.

 

Lol, no apology necessary, we're no experts either, but we've just trodden the path your going down...I have just recently posted about our next step, ie filing for court, and like you, extremely nervous...It does take a lot of reading, and I would advise everytime time u see a page with info relative to your's, print it off, or save it somewhere, file in a seperate folder, and keep track...

We didnt, and we read and read till our our eyes were bloodshot, our fatal error was not noting what was relevant to us, and we lost our way...but, Im picking it up again today, but work gets in the way!

 

All the best!

 

lol an im not best at typing/editing/writing either..

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clakkers,

I can only agree with you on the folder thing and printing off and filing a hard copy of any relevant stuff, template letters, legal advice etc as there are so many threads and sections to this site it can be a bit of a maze to find things sometimes (not a criticism btw, it's just there are so much stuff) - I have a folder with all my correspondance and other stuff that I will have to get another as its starting to bulge a bit - unless of course RBS settle soon!!

 

And to brooklyn.

when sending your prelimary letter remember to send a list of all the charges you are claiming with the dates, details and amount.

 

Best use one of the spreadsheets on here http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=5

“It's not personal, Sonny. It's strictly business.”

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  • 2 weeks later...

Hello all,

 

I've had a reply today acknowledging my request and fee and my statements will be sent out a.s.a.p but there is a foot-note on the letter which is as follows;

 

"With reference to your request concerning any manual 'intervention' to the administrative charges debited, these have been processed in accordance with the terms and conditions of our current agreement with you as a result of the activity on your account. In the event that you breach the terms and conditions, we will take the appropiate action, contacting customers when appropriate, or handling customer enquiries regarding their account status. When a customer has raised a concern in relation to this process, the decision will be communicated to the customer and where appropriate noted on the account."

 

Is there a need for me to respond to this or should I wait for my statements, I haven't seen any reference to this on this site yet but there is so much to read through.

 

Many thanks Brooklyn.

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Not read this in the posts before, that's not to say it's unusual, I just think it's standard stuff (IMO).

 

We didn't receive such a letter, just the statements in about two weeks.

 

Incidentally, FYI, just to let you know RBS have paid up! I hesitated filing for court...and decided to wait the 8 weeks...and lo n behold they offered the full amount minus the intrest.

 

Would have been nice to get that too though...but hey...better than nowt!

 

This will *BUMP* your thread up a bit again, maybe someone will have a definitive answer to your post.

 

Regards

 

Clakkers

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Without nicking brooklyn's thread too much...The money isn't there yet, just sent the letter back today.(rec.delivery).

 

A touch over 7 weeks, since my first letter requesting the refund.(after receiving statements)

 

So not bad at all.

 

Well done me? Well, thanks to this and MSE, without who's forums I wouldn't have attempted it without...

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Hello all,

 

I've had a reply today acknowledging my request and fee and my statements will be sent out a.s.a.p but there is a foot-note on the letter which is as follows;

 

"With reference to your request concerning any manual 'intervention' to the administrative charges debited, these have been processed in accordance with the terms and conditions of our current agreement with you as a result of the activity on your account. In the event that you breach the terms and conditions, we will take the appropiate action, contacting customers when appropriate, or handling customer enquiries regarding their account status. When a customer has raised a concern in relation to this process, the decision will be communicated to the customer and where appropriate noted on the account."

 

Is there a need for me to respond to this or should I wait for my statements, I haven't seen any reference to this on this site yet but there is so much to read through.

 

Many thanks Brooklyn.

 

Looks to me as though they may have got your letter mixed up with someone else's - I'd ignore it or perhaps you could telephone the number on the letter and ask for explanation- it's probs someone wanting info as to which charges are manually operated or system operated -

 

just keep to the timetable as advised, if no statements within 40 days, send non-compliance letter (see template letters library) - a bit of patience is needed but as clakkers has shown, you should get refunded in full sooner or later - since I last posted on this thread, I got offered full refund after refusing part refund and am just waiting for my account to be credited which I should be this week.

“It's not personal, Sonny. It's strictly business.”

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Hello again,

 

Many thanks one and all, My husband banks at the same branch and has 2 accounts, he sent his request at the same time and his statements arrived today nothing for me yet though.

 

Brooklyn

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Happened to me, wrote asking for missing statements which I received a week or so later, 3 times over in 3 separate envelopes!!!

 

A bit like waiting for a bus - none for ages then 3 all at once!!

 

Advise you write and, if you have a number, a wee phone call won't go amiss.

“It's not personal, Sonny. It's strictly business.”

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Cheers,

 

Many thanks for the advice, I never thought I'd have the gumption to do this but with the help, support and the positve results on this site I'm going for it. I would like some advice on how to proceed is it better to claim all 3 accounts seperately also which work sheet should I use to work out the charges and interest?

I'm a bit confused on the interest side of things, if I include the interest the bank has charged us, which is clear on the statement do I use the exel chart that adds the 8% too, or is it just the charges and banks interest that is in my request for refund to the bank and the 8% when/if it goes to court.:?

 

I don't want to make any mistakes so am checking everything.

 

Brooklyn.

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Cannot really help you on interest but only recount my own experience - I used the Scotland simple Excel table at this link :-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

 

That's at 8% as that's what I believe Scottish Courts will award if the Sheriff thinks it's warranted - when I first wrote to the bank asking for my "penalty" charges to be refunded I attached the list of all the charges I was asking back with the interest table also shown, just to let them know that I was aware that I could claim it if we went to court, altho I did not mention this.

 

Just followed advice on the link page by Imported. And lo and behold it worked for me.

 

Within 3 weeks I was offered about 73% of my claim by RBS, accepted as part refund but insisted they repay full amount - have since received offer on my full amount, but no interest but that's fine by me, altho have not had money yet, hopefully by the weekend.

“It's not personal, Sonny. It's strictly business.”

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With regards to your 3 claims it really is a personal choice IMO. You can either keep all 3 seperate but you will then have to manage 3 sets of letters and responses or you can join them together but be aware that you will still have to supply 3 sets of spreadsheets as you couldn't merge them on to one.

 

From the start, claim for DEBIT interest that is the interest that has been charged to your account at the end of every month for being over your overdraft. Once / if you claim goes to court, you are entitled to add 8% statutory interest, this will be calculated automatically if you use the spreadsheet that yanni has linked to.

  • Haha 1

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 again,

 

Do you have to break the charges down when doing your sheet?

for example I have 2 unpaid cheques on the same day and a £60 charge do I have to split this and list them individually as £30 or can I do as they have on the statement and just have one charge of £60.

 

Thanks Brooklyn.

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no one joint entry will be fine

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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  • 4 weeks later...

Hi one and all,

 

Just got back from holiday to find the standard letters, considering blarr blarr blarr, 6 to 7 weeks blarr blarr and my husbands missing statements came today so i'll be sending his claim in too.

 

Brooklyn.

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