I think this is an important discussion and many people may find it useful to read, so please dont worry about the hijacking of this thread, i have another claim ongoing with another bank so I am finding all this useful. cheers

thanks karnevil but i just sent it, it went like this: I think this was ok, not too "tail between legish" cheers

Sorry folks, gf is working tonight so we went out for a pre-valentines meal last night. I seem to have missed a wee bit. First things first.......i will e-mail TMcLean today with my tail between my legs and hopefully still get my cash, thanks for clearing that up jonni, karnevil i appreciate your points and i'm glad that i waited before filing a court case!!!! bill i asked your opinion as you'd been involved pretty much from the start, i trust and value your opinion. However on reflection i think it'd def be best to accept the offer simply as the majority believe this is the best idea....as willow says, it aint a game, and serious decisions have to be made. I feel i got a little greedy there and saw my claim double with interest added, that was never my intention, i simply wanted my money back and i lost sight of the big picture. to answer karnevil's question fom last night.....i rejected the offer within my new prelim letter, not as a seperate letter. There seems to have been some arguement on my thread here and i feel that this may have resulted from everyone not having the full information from me, ie I havent made myself clear enough on the salient points, my apologies. However, for those who are gluttons for punishment.......I also have a claim with the nationwide, they havent acknowledged any of my letters other than saying "no" to my prelim, since then they havent acknowledged my LBA and I have followed the same procedure as with my RBOS case. I have included compounded contractual (unauth) interest. After last night though it appears that the courts are not entertaining that approach any more, it seems that the nationwide have left me with no option but to go to court, would i be right in filing for simple 8% interest? thoughts on this are appreciated, if anyone can help then my nationwide post is here: http://www.consumeractiongroup.co.uk/forum/nationwide/43073-dtollan-nationwide.html Thanks for everyones input. cheers

i sent a new prelim....with a section added explaining that due to the time being taken to reslove my complaint I'd had time to take further advise and was revising the amount i was claiming, and as a result i was rejecting their offer. i feel even though i did this, i'm still on dodgy ground as they still offered me the amount of the charges.

Thanks all for the replies. I have read through the thread kate posted and it is very useful. I am not overly concerned about claiming contractual interest.....i just feel that i am owed a bit more than just my basic charges back. If i had this money all this time then I would have earned interest on it and not the bank. The situation so far is......that i wrote a prelim with contractual interest....the bank replied to this with an offer of 100% charges refund but no interest....my calculations were slightly wrong on the interest side so i decided not to pursue this claim and rejected their offer along with putting a new prelim letter in. The reply to this new prelim letter was that they were looking into my complaint etc etc and would get back to me.......they didnt so i wrote my lba.......therefore in essence they havent offered me a refund at all for this complaint. I have had e-mail contact with tommy mclean and he has said all along that he is willing to refund my charges minus interest. not sure if e-mails are admissable in court? Am i able on these grounds to continue to court and ask for either unauth-cont-int, auth-cont-int. or 8% and let a judge decide whats the correct rate. I understand that a judge may decide to throw my case out as I have been offered all charges and then i may be in trouble with costs etc. willowb, i dont know if it would be fast track or not....the full amount is 3300 or thereabouts and i havent even filed a claim with the court yet....my lba deadline was up on monday and im dithering now. All input is valued and i appreciate everyones thoughts. I seem to be veering towards accepting the banks offer of all charges minus interest simply because my confidence is low after this afternoon. cheers

hi Bill hope you can help here. I just discovered the chatroom in here and after some discussion i have been advised to accept the offer of all my charges minus interest. This being on the reason that as the bank have offered all my money I cannot proceed to court just to claim interest. Whats your thought on all this? Also i have a nationwide claim ongoing and haven't had any replies at all from them other than a big eff off......in the chatroom they are advising against contractual rate because judges are now dismissing these cases. again what do you think? should i proceed with this on statutory interest rate or keep going contractual?.....this has really bruised any confidence i had. having followed what i was doing from the start i'd really appreciate your thoughts cheers.

hi, i havent used an internet lawyer.... i have an friends address in england that i'm using, meaning i can use the MCOL website or just file in the old fashioned way in an english court. limit in england for small claims is £5000. hope this helps. cheers

Hi, To keep this thread up-to-date, I sent an amended prelim letter on the 12th January. No response at all! (nice of them eh) just penning my LBA and will post either today or first thing tomorrow cheers

Hi, Just penning my LBA....whilst printing out my schedule of charges I realised that obviously, its updated itself to todays date. Should I point this out in my LBA.....i have written a piece into my LBA saying: "Due to the length of time being taken to resolve this issue may I point out that interest is accruing daily on each charge, my summary of charges has therefore been updated to take this into account." is this the right thing to do?...or should i just amend my amounts in the LBA and say no more? your thoughts? cheers found this story too, quite worrying....yet funny too. can she claim all those other peoples charges too? BBC NEWS | Scotland | North East/N Isles | Woman gets 75,000 bank statements

Stick to your timescales, as you say THEIR cockup not yours....if the threat of court action doesnt hurry them up then who knows where there priorities lie........having sent 2 LBA's you've done more than enough to show a judge that you were willing to keep this out of the courts. go get em...your calling the shots, not them!

Hi, I received similar letters to you recently from Mr Sandy Watt. He sent me an offer of all my charges back minus the interest I was claiming. I phoned Mr Watt in an attempt to negotiate my interest (it didnt work) when I spoke to Sandy he was very pleasant but he was an agency worker and appears to be employed to generate these letters (they must be busy)....he said he carries no weight in decision making and suggested I called back and spoke to Ross McDonald (I believe RMcD is a colleague of Tommy McLean) who would advise me........Mr McDonald advised me that no interest would be paid following the banks policy on this matter (aye right)...anyway you can read about it on my thread if your at all interested..... Hope that clears up the enigma that is Mr Sandy Watt. Cheers

hi, I also made my cheque out to Nationwide Building Society, They sent me all my statements no probs.

Definately open another current account with a different bank just now (incase they close your account....it has happened). The bank cannot close your wifes accounts as they are in her name and not yours. I seriously doubt that the views of this customer service person is the last word of the bank, many people have succeeded in claiming and have kept their accounts open. Read a lot of threads on here and you'll hear the same threats re-iterated by lots of banks. Go for it...theres lots of advice and help available on here.....remember its you who is the customer not them......so if need be vote with your feet and once you've successfully reclaimed YOUR money, close your account with them. chin up, you'll get there.

hi, to offer some hope...(it is my belief and maybe someone with more authority or knowledge than me will put me right if i'm wrong *disclaimer*) but i think that prosecutions are only brought if your over the limit by more than 10% plus 2....which is 36..so maybe you'll get away with it at 35 (unless my maths is awful..)

Got a letter back from RBOS....."we are looking into your request and will get back in due course....".. 4 days and counting........

hi, surely it is up to a judge to decide what is and isn't claimable (and also up to the judge and not HBOS to decide what interest rate is claimable!!)....its my understanding that you can claim expenses, eg all the money you spent sending letters, including S.A.R - (Subject Access Request) money, court fees, even an amount as compensation for distress suffered by yourself as a result of making this claim!! The only difference with the small claims is that you are not liable for the costs of bringing the action if you lose the case. stick in there (if i'm wrong could someone please let me know!! ) cheers

Thanks Bill, a second opinion is ALWAYS reassuring regardless how trivial my questions are.. I will change complaint to claim..makes a bit more sense. cheers

Hi again, I added this paragraph to the start of my new inproved prelim letter and also included my new claim as follows. Is this sufficient to now continue with new claim......not sent it yet so feel free to edit as appropriate. cheers

cheers once again Bill, sounds like a plan......prelim letter in the post tomorrow.

Ok, having already been offered £1714, should I forget that i ever made that claim and start from scratch?......along with writing a seperate letter rejecting the offer?...or accept it as part payment towards new total (from Bills spready). I cant help but think that it'd be easier to reject the offer outright and send a new prelim letter for new amount. What position does that put me in when it comes to filing court papers? The courts could interperate that as me being difficult etc...(if you know what I mean). cheers

Hi Bill, Thanks for looking over that spreadsheet, much appreciated. With regards to whether some of the amounts are charges or not.....I think your referring to the ones that are £10.00 and £10.17?.....These are referred to on my statements as CHG TO 20 FEB and CHG TO 03 APR.....and they also included £5 extra for Royalties fees, so I took £5 off the original amounts and inserted the rest. I think that should pass as admissable. What do you think? Also the letter they sent me back offered me the full amount of charges including those ones....so if they're willing to repay it now without interest then they must be charges? Also should I delete columns H-P on the spready completely as I don't need them......or just print out the necessary columns for sending to the bank/court etc. cheers.

Hi Bill, Have just finished inputting my figures into your spreadys..my claim has leapt upwards!!:o...was hoping to e-mail you the spready and see what you think....if you have the time? Didn't want to just e-mail it to you without notice. cheers

Bill, Many thanks for the e-mail...that worked this time and i have the spreadsheets. Will follow your instructions and try and fill em in tomorrow, once i'm released from work!!. will let you know how it goes...unless the interest amount goes down...then i'll keep shtoom;) thanks again.

14 days (and more) are up now since prelim letter was sent. However as my signature thingy says, i also have an ongoing claim with RBOS, on this thread I am going back to my interest calculations on the correct advice of Bill-k, he is letting me use one of his spreadsheets to re-calculate my unauthorised int rates, I will use my nationwide claim to test these spreadys as theres not as much money at stake. Therefore theres a wee re-think occuring and i will be digressing from my strict 28 day timescales in order to re-check my calculations (possibly even re-starting my claims).....a lesson here in the best way to go about things methinks.......read lots of threads and make sure your as informed as you can be BEFORE sending any letters....ho hum...isn't hindsight wonderfull!! Just trying to keep this post up-to-date as well. I seem to be typing the same thing twice, once here and once in my RBOS thread. cheers

Hi Bill, I can't seem to get the link to work...i am using firefox and it wont open......i also tried internet explorer...no luck with that either. If you'd be good enough to retry I'll give it another bash...or...i could PM you my e-mail addy and you could send it that way....... let me know what you thinks best. cheers