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Everything posted by rss1979

  1. This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. Thursday is the cut-off date to register your experience on iWait.co.nr .
  4. Well PLEASE leave your stories......all power to the cause!
  5. a website has been created to collate customers experiences trying to obtain the new iPhone 3G through o2 (or carphone warehouse). If you have would like to share your story with the world (and o2) please visit iWait.co.nr Thanks guys.
  6. Hmmm........returned with no engine you say?? I would be curious to know where that went......lol, only joking!! But I would persue this, seems the DVLA/Police are VERY heavy handed when it comes to RFL.
  7. bttt, can anyone help with this please??
  8. I recently received my SAR paperwork from Capital One and I am now ready to send in my prelim letter. I intend to claim contractual interest and I have calculated this as £115.86 as a compounded amount calculated at a daily rate of .072% (29.95%APR, my typical). The charges I am claiming back amount to £240. This credit card account is now closed and I have received a default notice, although no default is shown on my credit file (the account is shown as seriously overdue/delinquent). I was being chased by a DCA until I wrote requesting a copy of my credit agreement and deed of assignment. They replied advising me that the statutory payment I sent with my request had been accepted as payment against my account and totally ignored my request. As the DCA didn't provide the information I requested, I could not verify their legal right to collect the debt, so I withheld payment. Several weeks later I received a letter from Cap One with a very poor photo copy of my signed credit agreement but no deed of assignment entitling the DCA to collect. Jump forward several months and I receive a letter from Cap One advising me that payment against the debt should now be sent to them. The outstanding debt is £359 and the amount I am claiming (including contractual interest) is 355.86. So, questions.............. 1) I can't find a template for a prelim letter referring to contractual interest....does one exist? If not can anyone suggest how I should word this? 2) I can't find a default on my credit reports, however Cap One did send me a default notice......should I be concerned? 3) I do intend to clear the debt with any payment I receive, as a very large proportion of the debt was charges and interest thereupon, would I have a case to argue that the payment history displayed on my credit report is unfair? I look forward to your responses.
  9. My claim amount was £339.00 for charges applied between 25/07/02 – 08/06/06. June 22 2006 - 1st Letter sent by Recorded Delivery. Claim value £339.00 July 3 2006 - LBA sent by Recorded Delivery. July 4 2006 - Response from RBS 29 August 2006 - N1 Claim form completed. New claim value including CC interest at 8% and CC fee £434.90 31 August 2006 – RBS Served claim 31 August 2006 - Acknowledgment of Service received by CC. RBS state intention to defend. 6 September 2006 - RBS Group Litigation Offer Now settled and to my complete satisfaction.
  10. I have another one to post from earlier last year, I never got round to putting it on.........also a donation to make!!!!
  11. My original claim amount was £149.00 19/06/06 - 08/12/06. Further charges were applied to my account whilst I was in the process of claiming these back so I added them to the value of my claim, as you will see below. December 13 - 1st Letter hand delivered to branch, signed receipt obtained. Claim value £149.00 January 3 - Response from RBS January 5 - LBA Hand delivered to branch, signed receipt obtained. Further charges added (since 1st letter), new claim value £215.00 January 15 - Response from RBS January 22 - RBS Offer *Not included Offer rejected without notification as claim value had risen. 23 January - RBS 2nd Offer *Not included Offer rejected without notification as claim value had risen. 26 January - N1 Claim form completed. Further charges applied to account, new claim value including CC interest at 8% and CC fee £311.92. 29 January - Claim Issued to RBS 7 February - Acknowledgment of Service received by CC. RBS state intention to defend. 22 February - RBS Group Litigation Offer 22 February - Letter to RBS Group Litigation Rejecting terms of settlement (emailed and posted recorded delivery) 24 February - RBS Group Litigation 2nd Offer Cover Letter and Amended Offer Letter Now settled and to my complete satisfaction. Can even share the detail with you lot without breaching the terms of settlement
  12. Out of interest, what would the next step be if the CRA's and/or the lender had not responded??
  13. You know what, we are going to have to agree to disagree........ Personally I would not settle for the bank offsetting the payment against my debt. I would contest it as far as possible. I think its important to highlight every possible outcome but you seem to be very negative. I have never understood the "thats just the way it is" attitude.......Its only that way cause people don't contest it! I am sure you will have the last word on this thread though.....so take it away.
  14. Thats the way I have learnt what I know, from reading peoples debates....I don't think many of us are legally trained so it all comes down to constant examination and re-examination of what we think we know/understand.... I hope that i havent caused anyone any difficulties!!
  15. You seem to insist over and over again that this overdraft has to be paid back immediately. I am sure that many of us live in out overdrafts, not ideal but thats how it is.......why should I be forced to pay back my overdraft with the charges refund? I do have an agreement with the bank which allows me to use that OD amount. Really, that fact that these charges are applied when I am in my OD is irrelevant. It's simply a starting point, whether my account is £100 in credit or £100 in debt the fact is that when an unlawful charge is debited from the account the bank is denying me access to funds I am legally entitled to. END OF! Take the example that was given to me.......If my account has an agreed OD limit of £100 and I start with a nil balance. I need to spend £100 on some new tyres for my car and cannot wait till payday so I use my OD. Now my balance is -£100, still within my agreed OD limit. I forget that I have paid for some milk with my debit card and when the payment clears it takes me over my OD limt, new balance is -£101.00. Now, Mr. RBS rewards himself for lending me an extra £1 and charges me £29.00. Balance is now -£130.00. Payday comes round and I am paid £200. Balance is now £70 but wait, I am down £30..........£29 of which is in Mr RBS's pocket...... Now you are suggesting that when Mr County Court Judge tells Mr RBS to give me my money back he should actually just reduce my OD by £29 making the facility £71. I just don't understand................unless you are Mr RBS????
  16. I totally agree......I would not encourage anyone to avoid their debts but my point is about not allowing the banks to dictate where the money is put. It seems to me that the banks write their own law on a daily basis. I am not going to allow them to dictate what i should do with money that have "TAKEN" from me. The great majority of my charges have been applied to my account and taken me over my agreed OD limit, these charges are paid as soon as money credits my account.......the OD amount was spent elsewhere and is rightfully owed back........the suggestion seems to be that the OD is made up almost entirely from charges, that simply isnt the case.
  17. I don't understand the point you are making. I agree, but you are suggesting that the removal of an agreed overdraft limit to the value of the refund is acceptable. I would view this action as spite and cannot understand your reasoning. Did I suggest that the action was "about punishing the bank or compensating you"? The point is, most charges are applied beyond the agreed OD limit (where an OD exists) and therefore when money is credited to the account a proportion is swallowed up by that charge. Money you will never see again unless you take action. Really? Then I have been missinformed. What bank are you aware of that remove OD limits with NO notice. I can only agree with this in part. Of course, offsetting the refund against an existing debt still reduces the customers liability but I feel this is a decision the customer should make. You seem to suggest that the charges we are claiming were only ever debited from an account that was within its agreed OD limit and those charges never tipped the account over that limit. Working with that scenario I would agree you are right.....but that is not the common scenario.
  18. I think this is a very very naive point! If you are within an agreed OD limit and you credit the account of a regular basis then it is certainly a breach of contract to apply excessive and unwarranted charges. I think that you are over complicating this matter. It's quite simple really, the charges are at best unlawful. It is not for the bank to dictate where the refunded amount should be paid. Any debt you have with the bank (or other financial institution) is an entirely separate matter. I have just had a conversation with a member of branch staff and RBS and she insisted that they would not seek to reduce the OD by the amount refunded as it would be considered "underhand".
  19. For me it is not so much about avoiding paying the OD as it is my resentment of the bank dictating what I should do with money they have stollen from me!
  20. Hi golfmaniac and welcome. Best of luck!
  21. Hi Sjude, today I received a Full and Final settlement offer from RBS. They have until the 25th to lodge a defence to my claim. The settlement letter was accomanied by a cheque made out to my name + my account number: Pay Rss1979 Into Acc 123456789 This set alarm bells ringing for the same reason you a worried. My account is overdrawn by by around £750 and the cheque would cover around half this amount. I phoned my branch immediatley and asked how much notice they were oblidge to give me before withdrawing my OD. The member of staff was very suspicious and said that she would need to contact HQ to find out...which confused me! She promised to call me back but didn't bother. I returned the cheque as I was not prepared to accept their settlement terms but still think this is something worth investigating.
  22. I just received a cheque from RBS for the full value of my claim with the standard cover letter. The Pay line is filled "rss1979 Into Acc: xxxxxxxx" The account number is my RBS account number and that account is overdrawn beyond the value of the cheque. Do you think they plan to reduce my OD by the value of the cheque when it clears? Is that action even legal? Thank you.
  23. Thank you for your response jonni2bad. I understand that it is only the interest applied to the unlawful charges. That is the reason I was confused. I have given this some more thought and I suppose that we need some "knowns" before we can calculate this. 1 ) The date the charge was applied. 2 ) The charge amount 3 ) Balance before the charge was applied 4 ) Whether this charge put the account into OD or unauthorised OD and by how much. 5 ) Any interest free amount on the account (many current accounts offer interest free upto £100 OD for example. If the account is £200 OD then the interest would only be charged on any amount over £100) 6 ) Daily interest rate for amounts within an agreed OD limit. 7 ) Daily interest rate for amounts over the agreed OD limit. 8 ) Length of time the account remained in OD/ unauthorised OD. Even when we know all of the above, we are still left with some questions. It is very unlikely that someone would start out with a nil/low balance and only dip into their OD to cover a charge. I believe it is more realistic to hypothesise that an account is already in OD by x amount and that amount is comprised of penalty charges and normal usage (payments, legit account charges etc). Generally people have money credit their account once a month/week. For some people this would clear their OD and leave their account in a credit balance, for others it would simply reduce the OD, possibly bringing it back within the interest free limit (mentioned above in 5). Where an account has been brought back into credit the calculation is simple because we know: 1) Date charge was applied. 2) Date charge was paid (funds credited to the account) 3) Daily interest rates. However, I think that is a very rare situation. For a many of us, the money that credits our account simply reduces the OD. So given this scenario, how long should we apply interest to the charge for? The FU side of my character says that all legitimate use of the account should be covered prior to paying off charges. So when a charge has been applied to an account one should not consider it paid until they credit the account with sufficient funds to bring them out of the OD. That is to say, if one is £500 OD and they receive a penalty fee of £28 bringing the account balance to -£528. Then they credit the account with £100, none of that £100 should be considered payment towards the unlawful penalty charge. It’s only when we reach an account balance of -£28 that we pay this charge. Just some of my thoughts, hope that wasn’t heavy reading.
  24. I am sure this is a topic that has been covered numerous times; I have spent a long time searching for the answer on this site but can't find it. I have already successfully claimed back one lot of charges from my bank and I am currently making my second claim. So far I have avoided claiming OD interest applied to the charges, mainly because the thought of calculating each individual amount made my head hurt. Well, I am currently in a FU mood with my bank and to be perfectly honest I want to take them for every penny!! My understanding of the OD calculations is this..... My balance flies up and down like a yoyo, into and out of my OD facility on a regular basis. I believe that interest is calculated daily and charged monthly. If, for the sake of argument, my account is at a nil balance then it is debited £28 (penalty fee). I am left with a balance of -£28.00, again for the sake of argument let’s assume this happens on Feb 1st. So, Feb 1st my account balance is -£28.00 and OD interest is applied accordingly. On the 2nd of Feb my account is credited with £28.00 bringing back out of my OD and no more interest is charged. Now (if I am correct) that is easy to understand. However, when I am looking at multiple charges spread over 5 yrs with money crediting and debiting the account constantly, dipping in and out of the OD facility, how do I even begin to work out what interest was charged where? Also, when I have a credit balance my current account pays me interest. Surely if the bank has removed funds from my account they are denying me interest I am entitled to? Any (and I mean any) advice would be greatly appreciated....I can't be the only one confused by this technicality!!
  25. My points are 1) My local Morrisons does accept cheques. 2) The card tied to the cheque book by name and sort code. 3) We have paid with a cheque in that very store sometime in Jan. 4) They say this is to avoid fraud......so, by my reconing someone would have to find a chequebook from branch x then find someone with exactly the same name banking at the same branch and steal their guarantee card....because if the criminal is using a cheque and guarantee card that belong together then the only way of avoiding the fraud would be ID verification. This really doesnt make sense to me at all. I am most frustrated with the attitude of the staff in dealing with this situation. We were both made to feel like we were in the wrong somehow. I certainly will not be shopping at Morrisons for a long time, if ever!
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