I haven't posted for what feels like forever, but I got £4.5k out of them for this and went on to get RBS for £3.3k too. As allways follow the procedure and get your facts right and the charges will be refunded eventually. Justa note to all out there who doubt their ability to carry it through, this site and the people who post must be the most knowedgable and genuine bunch I have ever heard of. If you have a problem, if no one else can help, and if you can find them, maybe you can hire the CAG -Team."

Keep pushing guys, I was due to see them @ end March following AQ etc. Fear loathing and panic was setting in when Xmas came late wink wink.. just get ready and get that paperwork in..

Any update on this? how did you get on? Cheers JC (looking to take them on myself)

The letter I am posting today in response to the offer:

I acknowledge receipt of your offer letter dated 20th November and the Notes and Offer contained therein.

 

I have adjusted the schedule of charges to reflect the statute you identified and now offer the revised version along with this letter. These changes mean that I will not be claiming for £283.01 of charges and interest incurred on Account number 100*****.

I accept your offer of £1700 as partial payment towards the now outstanding total of £****.**, I will be continuing with my intention to ask the Court to instruct the bank to return the charges as described unless your clients can offer the full amount.

 

However, for clarity, I enclose a schedule of charges and I confirm the charges I am claiming were applied to the following accounts:

Account Name: Blah Blah and Blah

Account numbers: 100***** / 101*****

Sort Code 16****

Amount £*****

plus interest of £***= £*****

plus court costs of £220 = £*****

Yours sincerely

Hopefully they respond before I have to post the £100 fee back to Court! hehe

Hi All,

I finally sent off the following after finding info out in the threads:

I acknowledge receipt of your defense & request for further information and clarification.

 

I anticipate that the claim would be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

 

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court along with the Banks non-compliance with a Subject Access Request sent 12th July 2006.

 

However, for clarity, I enclose a schedule of charges and I confirm the charges I am claiming were applied to the following accounts:

 

Account Name: Blah Blah and Blah

Account numbers: 100***** / 101*****

Sort Code 16****

Amount £*****

plus interest of £***= £*****

plus court costs of £220 = £*****

Yours sincerely

Nice Huh.. I recived an offer for £1700 by return of post (1/2 of the amunt) and a note that some of the charges are previous to 6 years from the date of the MCOL - I am wondering if it should be from the date of the first letter requesting the refund of Charges as this was two months previously. any thoughts?

I will be sending off a letter thanking them for the partial offer of payment and expecting to meet them in court..

Don't get into conversation with them regarding this, if yu have followed the guides for the content of the LBA etc. there is no need to entertain conversations with any one. Stick to your timeline, when the time comes file with MCOL and sit back and wait! Sounds like you have the plan sorted...

Hi,

I have done two claims now, RBOS were a pain in the ass but follow the process and you will get there. I received a full defence notication from their Solicitors Cobbetts with demands for information etc. I replied using the advice from here and just got an offer letter today - I have them now. Keep going and good luck.

Jimbos

I did it as actual days on both of my actions, go with that and hit them hard...

Hello Louise,

Sounds like you are at the exact same stage as me, I replied using this:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

Jonni2bad posted a reply to me in this thread also:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/45883-rbos-defence-received-terrified.html

Hope this helps..

Jimbos

Many thanks for that jonni2bad, I have completed the AC are putting together the rest of the information that they have requested. Couple of things though:

they are effectively asking for details under CPR part 18 - not applicable in small claim actions

The final Ask from them is to:

Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 5 above (Unfair (Contracts) Terms Act 1977 s.4 and Unfair Terms in Consumer Contracts Regulations 1999 etc), and in particular please identify the contractual provision(s) that the Claimant alleges are invalid by reference to UCTA/the Regulations

I see the refernce in UCTA:

4 Unreasonable indemnity clauses

(1) A person dealing as consumer cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.

(2) This section applies whether the liability in question—

(a) is directly that of the person to be indemnified or is incurred by him vicariously;

(b) is to the person dealing as consumer or to someone else.

But I don't have the Contract for the account, so I don't know which clause I am referring to...

I know this seems to going on a bit, but any help would be greatly appricated.

Hello All,

This may take a sec. so please bear with me...

I have successfully completed an Action against HSBC using the support from the other forum, so full of my success (they paid on the 28th day after the MCOL) I then lauched into full attack on the RBOS. The request for data went off, which they cashed the cheque then sent me a mastercard statement showing no transactions and the same outstanding balance for the past four years! garbage... They ignored the request for the data on my other two accounts, luckily I had statements going back 6 years (a few missing at the end - Ill get them for those later ) so I had enough data to see that they had taken me for £2500+. The initial letter went off asking they for refund (ignored) followed by the LBA 14 days later (also ignored), MCOL was filed and they finally answered on the fourteenth day stating their intention to defend. On the last day possible (!) they sent the paperwork through for me to respond to. The defence case looks very compicated and runs to 26 different defence particulars over 6 sheets of A4..

This brings me to the questions:

• Am I supposed to be answering all these questions back to the Solicitors or take them to the Court?
  
• The Allocation Questionaire asks for the list of Charges (easy) and then goes on to ask me to clarify why the charges have been made etc. (i could type it all but its very confusing - i'm not the dimmest bloke but the legal speak seems contradicting at the best of times.)
  
• They ask for the Clause(s) persuant to which the charges have been applied (Note - the MCOL stated that "the banks charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law")
  
• They ask if I was in breach of contract - are they asking me to condemn myself, is it not their responsibility to prove my negligance.
  
• They ask me to specify the facts relied upon in the 1977 UCTA and identify the contractual provisions I allege are invaid.

Is this normal... Has anyone else had this type of questionaire.. Its a bit scary now, I want to take them all they way now but Im scared that I will use the wrong data, and screw up other peoples chances to take back whats theres through my inexperiance.

Any help on the above would be greatly appricated!!!

Jimbos

DG Soliciters asked for the claim details on Friday last week, sent off the breakdown over the weekend. The MCOL runs out this week so i'm sure that I will hear something soon, the waiting is killing me though.

Right, MCOL filed Tuesday... the waiting game beings again. Feel like Im doing something wrong though, no responses as yet.

Cheers, I think I will just go straight to MCOL today as I have received a response... Wish me luck..

Quick question 4 you moggy, did you reply to the offer you got after the LBA or did you got straight to MCOL...

Both letters have been addressed to the manager at the local branch, Looks like the internal mail sorted it out...

I don't know whether to bother replying to the offer though..

So, following the LBA I receive a offer of £1996 (Half the requested)... nice to know that I have reached someone, tempting also I must say.

Question:

Deadline for LBA is Tuesday next week, Do I have to reply to the offer or can I just disregard it and go to MCOL? by the time the letter gets to them it will be time to claim anyway, I don't want to hold the process up.

Its inspiring reading the threads of the people that have taken the process all the way, I only hope I can emulate them...

Evening all,

No word from the mighty HSBC in relation to the prelim letter I sent 17/07.

Interesting that they have responded to the S.A.R - (Subject Access Request) letter I sent before realising that I had the data going back to 2004 online, I used this to put together the prelim letter.. Hope ive not confused them by askin for data then a refund before receiving the data. I have just put together the LBA, will be posting on Monday. The letter had a intersting note in relation to the manual intervention required:

Although many of our systems are automated, a "manual intervention" by HSBC staff may be required in a varity of situations including; account opening, dealing with correspondance or telephone calls,, when deposits or withdrawals are made over the counter at our branches and from time to time during account administration.

Do you think they are lining up for a get out clause or did they actually read the SAR letter..?

Getting twitchy now, I read that HSBC are closing accounts of people making multiple claims against them. I only need the one, although it is for two account numbers.. Should I have seperated the refund requests?

__________________

HSBC £3829.00 Prelim letter sent 17/7/06

RBOS SAR sent 12/07/06

Hello all,

I was put onto you by a friend who got a payout from HSBC (£1650 of £1890 - unreal..). At first I was sceptical but upon investigation I am now a believer! I knew I was poor at managing money but after looking into my accounts I find I have paid £3829 in Charges since Aug 04!!!!

The level of charges made by HSBC is staggering, so now I have composed my Preliminary letter and will be delivering it to the bank by hand today.. I look forward to hearing there response and I will keep you posted. Just want to say thank you for giving us all the chance to try and strike back at the banks, if I win I will be giving back.. Jimbos...

Hello all,

I was put onto you buy a friend who got a payout from HSBC (£1650 of £1890 - unreal..). At first I was sceptical but upon investigation I am now a believer! I knew I was poor at managing money but after looking into my accounts I find I have paid £3829 in Charges since Aug 04!!!!

The level of charges made by HSBC is staggering, so now I have composed my Preliminary letter and will be delivering it to the bank by hand tomorrow.. I look forward to hearing there response and I will keep you posted. Just want to say thank you for giving us all the chance to try and strike back at the banks, if I win I will be giving back.. Jimbos...