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Everything posted by weej

  1. Dave. Absolutely go for the interest. 8% from date of "offence" can make quite a difference. Just stick to the guidelines and templates on here and you will be fine. Good luck. j
  2. not sure why they would do this, but my understanding is that he can get it paid to anywhere (ie to accounts or by cheque), so YOU decide where it goes. As I said, it sounds a bit like they are trying to pull a "flanker", so hold firm until you get your statements - it wouldnt surprise me if their offer at this stage is any more than 30-40% of what you are due (it could be consideerably less!!!) Good luck! j
  3. Dont accept anything yet, you need to get the statements first. If they have another week or so until the SAR deadline, it might be worthwhile giving them a nudge....I did and I think it helped. I sent them this.... Data Protection Act 1998 Subject Access Request Dear Sir/Madam ACCOUNT NUMBERS: xxxxxxxxx and xxxxxxxxx (sort code xx-xx-xx) I handed in the above request at my local branch on Friday 1 September 2006. At that time, I gave 40 days notice to reply and, whilst that time has not yet expired, I have heard/ seen nothing. I trust that this matter is in hand and is being dealt with at the moment. The latest date for receipt of this information is 11 October 2006 and I thought I should write a brief reminder to ensure that this matter is processed in a timely manner, and to avoid any breach of your obligations under the Data Protection Act. I look forward to hearing from you in early course Yours faithfully, weej hope this helps:grin:
  4. I can see you have all the time in the world for this lovely woman;) , BUT It is probably worthwhile asking her to sign a quick note giving your OH authority to act on that account only. If you can get the bank to act on a SAR, then you will have a good idea of how much you'll get. That way, you can promise her £xxxx to help feed her "need for all things material". Worth a go in my humble opinion. j
  5. just a quick note....even if you agree to future charges, you can still go on to claim them back as this is your basic right under law and you cant sign that away. That said, why bother complicating things? Just score out the conditions and return the form. Chances are you will get the cheque anyway as they wont want this to go any further. or...... You could just play cute and not return it at all and just ask them when the money will be in your account. Once its in, then return it. Just a few options, but dont forget that para 1 above still applies. J
  6. A quick call/ letter informing them that you are reporting them to the information commissioner and giving them a final 7 day deadline. (if letter - send recorded delivery) then look in forum library on how to contact the information commissioner. You will find that, at various stages, the bank will probably need a rocket and this one should help. j
  7. Here was my reply from Tommy.... Subject: Out of Office AutoReply: Refund Of Charges - Letter Before Action I'm out of the CRU on AL, returning on Monday, 30 October. If you need a response on a general CRU matter, please e-mail Ross McDonald (or contact him on 0131 523 3240). Wonder how quickly I'll hear something.
  8. Firstly, you need another 2 years statements (you can claim for 5 years). Then issue requests for repayment for the whole lot and only if they dont settle, then cut down to £750 (or £1500 under summary cause). At worst, you may have to file 3 or 4 claims, but they might settle in full before that. You never know?! j
  9. Just had an automated reply from Tommy. He is on holiday until 30 October and advised to contact Ross McDonald - which I have done. Perhaps Tommy is holidaying with Salman Rushdie and Lord Lucan! j
  10. OK, LBA posted and Emailed (text as below). That gives Tommy until 6 November (do you think there will be fireworks to come?
  11. LL, I would have used it, but when I looked at it, the content was more or less identical to my Prelim, except that it said "failed to respond", which they did (although not the way I would have liked) j
  12. Hi Al. I've not yet sent my LBA. I toyed with it a bit over the weekend after reading what Kevin did and have put a draft on my thread for comments. I will be sticking in the post and possibly emailing today. Let me know what you think. So, Will Tommy have received your email? Let me know if you get a receipt/ reply. Thanks J
  13. OK - so have spent the weekend thinking of how best to approach Tommy. I think he is probably doing his best under pressure, but I would like to let the bank know how I feel and what my intentions are. I have therefore come up with the letter below. Any comments gratefully received before I stick this in the post/ email. Thanks J Tommy Mac RBoS LETTER BEFORE ACTION Dear Sir, ACCOUNT NUMBERS: xxxxxxxxx and ******** I am in receipt of your letter dated 17 October 2006. I am very disappointed that you have failed to respond positively to my letter of the 11 October 2006 and as detailed therein, I am now prepared to give you an additional 14 days to refund these unlawful charges as detailed at Annex A & B attached. I am aware that there are many thousands of people currently pursuing a similar course of action and, in one forum alone, there are details of Banks and Credit Card companies (RboS included) returning approximately £2M under circumstances remarkably similar to mine. Whilst I am more than comfortable in pursuing a full refund of my charges through legal action, I feel it is only fair to afford you this final opportunity to settle my claim in full, thus negating the potential on-cost of administration, legal costs (both yours and mine) and interest @ 8%. With this in mind, I am prepared to wait until 6 November 2006 to receive a full and final settlement of £**** I would therefore be grateful if you could advise which route you would prefer in early course. Should I not receive a satisfactory reply by 6 November, I will file a claim at court without further notice to yourselves. As an afterthought, I find that RBoS’s reluctance to refund these charges, taken unlawfully, to be particularly disturbing. Whilst I understand any business must make a profit to succeed, surely the income generated by penalising those without a substantial level of disposable income is profiteering in its crudest form. I trust that this matter may be resolved quickly and amicably and look forward to hearing from you in this respect Yours faithfully, weej
  14. Firstly, make sure you have copies of all documentation (sar, prelim, lba etc) If they want to present an argument (which is unlikely) - dont forget your main issue is that the charges are not justifiable due to them not being commensurate with the expense incurred by the Bank and as such are deemed penalties. It is the banks responsibility to show their costings and how they arrive at the figures. This is where they will fall down. In terms of back up info and law etc, it is all in the forum header and I would really spend some time going through the other threads where people have been as far as you (there are loads). I will have another look through and see if I can dig some out - there are dozens - I just cant remember right now as I have been glued to this site for weeks! j
  15. she looks nice....wonder of SHE will give you your money back? Looked on the cobbetts site at pictures of all there partners. Loads of them, they must be a very big firm. All the partners and team leaders appear on there - Apart from Lynsey B! spooky or what? ooooooooooooooooooooooooo:shock: j
  16. Carol, absolutely do not give up. I would send a letter to the bank repeating that you were prepared to accept the 355 as part payment and are still prepared to do so. That said, as a gesture of goodwill you will give them a further 7 days (or even stick to your LBA timescale, if this offers them around a week from now) to meet your demand in full, otherwise you will proceed with a claim without further communication with them. As long as you are being reasonable and giving them a realistic chance to settle within a realistic timeframe, this is all you need to prove right now. If you need a hand with the wording, let me know. Do not accept the 355. You are due a lot more and have not messed up, so dont worry. j
  17. And looking back, I cant believe I signed up for a royalties gold/ premier service anyway! £15 per month (nearly £200 per year) for practically sod all!!! I think I will deal with that as well once my claim is settled J
  18. sounds good, the only thing I might change would be to para 4 wording "I hope this matter can be settled prior to any legal action is required, however if it is not settled before 25 October 2006, I will file a county court claim without further correspondence/ communication with yourselves. Something like that, just to let them know that you WILL do it and are not going to fanny about with any more letters. Of course, it's your call. j
  19. if they come off on the same day each month, then it could be they're Royalties charges and not reclaimable. If you have a royalties account, do you know how much this is per month? If so make sure you deduct that figure from each month as RBS are now in the habit of combining charges, eg... Charge to 10 October - £42 can be made up of: £28 (genuine charge) - Reclaimable £15 Royalties premier charge - Not reclaimable. Hope this helps j
  20. Hell yeah! - copy in the post tomorrow morning. Its good to keep a sense of humour, but this whole bank issue really riles me! OK Alison/ Bry......get your Nikes on......its a race to Tommy Mac's in-tray!:grin: 1 2 3 GO!
  21. NEWS!!!! Mr McLean just wrote to me explaining that their charges were fair (really?), reasonable ( ) and ...erm....transparent (hence the secrecy). Oh and guess what??? I'm not getting my dosh back! It kinda gives you that warm fuzzy feeling. The same feeling everyone else must have gotten that received this "standard" response. That's it! Ive just downed another can of spinach and am really up for it. Rock on Tommy! j
  22. Alison/ Bry.....They must have sent the "bugger off" letters out en-masse! I just got mine (Yaayyyy!!!). I now feel really special.......mine wasnt even on original letterhead, but a photocopy:( j
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