Do you mean i have a good case for considering the agreement regulated under the act or a good case for getting the ppi back?

Hi, glad to see that Swift Advances now have their own section with all threads drawn together! These pirates made our lives a misery, magically netting 52K from us over 32 months for an initial loan of 32K. The loan was taken out in early 2004 and repaid in 2007. PPI of £2560 was added to the 32K requested giving a total of £34560. A monthly rate 0.82% is shown and claimed to be equivalent to a mortgage rate of 9.84%. our monthly payments are given as £368.01 to pay off over 180 months. I have received information requested through an SAR letter and have a spreadsheet prepared of charges, admin fees etc which I intend to claim for in the same manner as bank charges. I have a couple of questions if someone can help - Firstly, is this loan now regulated under the new legislation? Secondly, are Swift's figures for the monthly repayments correct - can't get them to work out to 368.01? Hope someone can get back to me and help knife these lowlives.

Done too!

As am I, having had considerable success with claiming back bank charges over the last two years, we managed to sell our house at the end of last year and were floored when swift managed to whip an extra £11K of our equity! They had been trying unsuccessfully to repossess the house, even when they knew the sale was finalised (am in Scotland) and then claimed a whopping ERP with only a few weeks left before the end of the redemption period - 3 years in this case - am absolutely fizzing mad! Shall we confer?

Ain't Gonna Bump No More (With No Big Fat Woman) by Joe Tex/Johnny Taylor should set the tone nicely!

Unicorn - are we talking less than £15 here? Scottish Claim - judicial interest of 8% wouldn't be applied 'til after the date claim was allowed. This would only be a few pounds. Maybe you should have claimed 15.9% contractual interest from the date of charge and through the english courts- same as Marbles has charged you! Confidentiality clauses - sign them and forget them - they can't take away your rights! If your claim only specified the £174.47 this is what you will get plus your court expenses and expenses of bringing the action - be sure you are getting these!

Hi, TS, Umm - need a bit more solid info to work on! Is your ac with RBoS closed or still open? Is the balance of the overdraft or loan or whatever made up entirely of charges? What type of charges are you hoping to claim back? Sounds like you've "forgotten" this ac and RBoS have eventually come up with a "pay us xhundredsof pounds on what we calculate as x+yhundredsofpounds or we'll get a debt collection agency to screw you for (x+y)squaredhundredsofpounds" scenario. Happily, all you need to do is follow the yellow brick road - Read the FAQs on this portal Get the statements on the account for the last six years- send the bank the data access request letter and payment of a tenner. Go through the statements and highlight the charges unlawfully applied to the account - bounced cheques, returned d/ds, ac overlimit charges etc. Download Openoffice (openoffice.org), enter the charges into the spreadsheet template provided by the gorgeous vampiress and send to RBoS with a civilised prelim letter asking for the charges back within 14 days Ignore their letter stating their charges are fair and reasonable and send a Letter Before Action giving them 14 days to pay the money back Ignore their letter offering you half of what you claimed as an extraordinary act of benificence on the part of the bank and sue them - see English System and Scottish System FAQs Be prepared to appear in court, but be more prepared for the bank to give you the full amount you claim.

You are right in thinking that you have received an unlawful, punative charge. Which you can now take action to claim back - follow the procedure. The bank has sent you a form of words which seeks to draw you in to a contract wherein your right to challenge the legality of their claims and charges is forfeit in the future. To this you can answer absolutely anything you want as they CANNOT take away your right to challenge their charges at any time, whether you say they can or not.

Hi, it's more difficult up here, eh! If you've got to the stage of issuing a claim you can either split the total into two or more Small Claims and serve them one after the other or you can issue a Summary Cause claim if less than £1500 - after that it gets more complicated! But, before you even think about claiming through the court, you need to send a preliminary letter asking for the charges back along with a spreadsheet detailing exactly which charges you are reffering to, followed by a letter (14 days later) DEMANDING your money back and threatening court action also accompanied by a list of the charges you want back and only then (after another 14 days), if they haven't paid up, do you start filling in the court papers. Have you gone through your statements and found out how much is owed you yet?

Very happy bunny tonight! Phase 1 of campaign against RBOS and claim against HBOS both appear suddenly to have met with total success! Can't say much more 'cos I promised! But yet to see the cash in the account and still a way to go until victory is complete. All I can say is - if in Scotland don't neglect the Summary Cause as long as it's well prepared.:) Sorry haven't been around for awhile - too much happening! Good to come back on a positive vibe:D

At first glance it looks like you can claim for unpaid items charges, referral charges and probably card misuse as these are all penalty charges. Interest charges are more difficult to calculate and you have to be able to show that the interest is charged on an overdraft that is due solely to unlawful penalty charges. The other £12 per month is probably a service charge- but it seems a bit steep @ £12

Thanks for that - So much to read, So much to do, So many EDIT' *anks to sue! **Moderator note, post edited due to some libelous content.

We took out a second mortgage a few years back. A year later we were contacted by the same finance company to increase the loan - being "prefered customers", they said there would be no problem. Ok, there wasn't, but it was pretty well on into the process that we realised there would be a very stiff early redemption penalty - almost 2K. What is the situation as regards claiming some/all of this back? Had a good look but not a lot on the site 'tho noticed barracad had an early redemption claim:).

Yep, pretty confident - done everything by the book, kept records, copies of letters and the bank's replies, haven't claimed for anything that isn't a penalty charge, stuck to the timetable - even a bit lenient. The actual points of law seem well established now (although more successful litigation would be good!), the media attention is helpful to an extent and the lass at the sheriff court mentioned a couple of people had already had successful outcomes recently, so the sheriff has obviously seen the arguments (I'm not in the big city here, ). So, fingers crossed and I'll wait to here something back from the bank or the court.

scotia's "scottish procedure" post at the top of the "scotland" forum

About the interest - send the spreadsheet showing only the charges with your prelim letter, but you could adjust the last line of the prelim template to something like :- "After that there will be no further communication from me and I shall issue a claim at the expiry of the second deadline for the full amount of the charges plus interest at the judicial rate of 8% from the day they were imposed." Best address is probably your local branch or wherever you have/had your account. What's the total if you've done it? - bet it's more than you could ever believe!

Nice! interesting about the damages claim - anyone else sued for damages?

Hi kayfrancis look in Bank Templates Library, Bankfodder provides a link to a pdf of the N1 Form and in the post right below it gives an example of how to fill it in. cheers, penguinabuser:-)

Hi countrybake, Hope to help a bit with your queries if pos, so, by the numbers: 1/ If you have a complete record of your charges, then you don't need to send away for any duplicates and you're already one step ahead - just that most of us tend to have a month missing here and there, or throw our bank statements in the bin in disgust/despair as soon as we get them. So, what you need to do is - get them in date order and check through to make sure no statements are missing, use a highlighter to mark all the charges (including monthly service ones - mark beside these the excess amounts the bank has charged over and above your usual monthly charge). 2/ Initially only claim for the previous six years, (five in Scotland:mad:), as charges further back than this come under the statue of limitations - there may be a route to claiming these back but it would be far more complicated and as far as I know hasn't been tested yet - see faqs 3/You can't claim the monthly charges on. for example, your Royaties Gold ac as these are agreed service charges, but you can claim back the excess penalty charges the banks apply on top of them and which they try to disguise by taking at the same time - see point 1/ 4/This is an interesting point! If the problems and refund had happened a few years ago (like 5) rather than last year then you might have been able to link them to charges occurring outwith the period covered by the statute of limitations, as it is I think you would come unstuck rather quickly if you tried to claim this;)! So, once you've got all your highlighting done (or at the same time) enter all the charges in the spreadsheet template you'll find in the same library as the form letters -if you haven't got excel, or you use linux :grin: , download openoffice (openoffice.org) and use calc - it's completely free, unlimited and better than M$ Office in lots of ways. This will give you a grand total including interest at the judicial rate (8%) - enter your refund received at the appropriate date (as a negative figure) and the spreadsheet will automatically adjust the total and interest due. Save a copy of this and then delete the interest calculations - giving you a total of charges without the interest added - save a copy of this, called something else It is this second copy that you print out and send to your local bank tomorrow together with your preliminary letter asking for your charges to be refunded. They will then give you the runaround -but come back to the forums for more info;-) Have fun!

BTW - Only abuse penguins 'cos I won't use M$ Windo$e

All went very well - was just handing in summary cause papers (sorry if gave impression was up in court:-)!) - but it did feel good to take that significant step and also will be fun to send the baillifs in to the bank to deliver the summonses, lol.

After the long process of getting the statements, asking for the money, asking for the money again and a day spent downloading, filling in, checking, amending, rechecking and printing out Summary Cause forms along with spreadsheets of my claims - I'm off to the Sherriff court tomorrow to sue the fecking pants off RBS. Wish me luck - and expect some of the cash for this site!