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hi, i have sent a CCA away to Bryan, Carter (acting for RBoS), for an ages old debt which is almost paid off. they replied saying that they had requested copy of agreement from RBoS but that the deeds of assignment were not available because the debt belonged to the RBoS. is this correct or should they have this...maybe cos they don't "own" debt, would that be right? anyway have sent DPA to RBoS as well cos most of the total was charges.

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  • 7 months later...

i'm helping my sis with a claim for her BoS current account. we've noticed that from opening of account ~2001 til 2004 there is an account maintenance charge every month of £15 they were also overdrawn and charged for that. so anyone know if the account maintenance charge is reclaimable?

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Hi ecobabe

 

I think the charge is reclaimable. I am just about to telephone RBOS for my sister in law who has had 2 charges on her account both for £28. The note that was included with her statement stated that the charges are a maintenence charge. This is because she went overdrawn on her acount £4.35 for 3 days and £8.08 for 1 day.

I would sugest she check her statements to rule out an unauthorised overdraft. If she did not request or get notified about additional services then i would presume them to be charges for unauthourised use of the account at some point.

If you find that she has been overdrawn at some point during each month it is possible it is an unauthorised overdraft fee which is a claimable charge. I hope this makes a bit of sense and helps a little.

 

good luck

Roz

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  • 1 month later...

hi, I've claimed on my bos current account which is now closed with an outstanding balance. the charges would more than cover this. I have done evrything and just been hanging back doing the court claim. was quite happy for them to pay it into closed account and offset the balance. BUT....i have £200 of charges on my other BoS account and I started the process with that. tried to take a balance and my card was witheld, so i wrote to bank..nothing. I tries telebanking to get balance and was told they couldn't access account cos it was closed. I was not informed or warned that they would do this. I have written again asking for explanation, quoting the banks response to my prelim ie they will get back to me in 6 weeks, stll nothing. so I'm now well pi***d!! so is it possible to get a cheque for the refund instead of paying into account? annd how do you do this. I always thought that they had the right to offset but I've read about folks getting round this. any ideas anyone

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  • 1 month later...

This may not be news for folks; I'm claiming my mum's and my sisters charges back for them from RBS. so yesterday I phoned the number on the letter of acknowledgement and was told that i would get offer in post 8 weeks from receipt of the 1st letter. Today phoned re my sisters claim and was told the same thing. they also said that it would be very near what she claimed only leaving out the overdraft interst. so it seems that 8 weeks is across board

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8 weeks is the statutary time laid down for the banks to answer your complaint. Never take any information over the phone . Always better to get it in writing. The banks have varied their tactics on numerous occasions and you would be wise not to take thier advice too literally about the settlement of your claim. Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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  • 1 month later...

As far as we are aware, Glasgow courts are still accepting claims, as reported by maryhillgull.

At this stage there is no reason for the courts to 'stay' any claims.

It would be the bank who would have to apply for the 'stay' i believe, in which case there are ways to have it overturned.

 

Good Luck

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I'm sure someone with a lot more legal knowledge than me could give a fuller/better explanation, but the Scottish system of small claims and summary cause does not have a stay.

 

The Sheriff can if he wishes order an adjournment of the hearing until a later date so I would assume that the banks would have to attend the prelim hearing and request this for some vague date in the future and there is no guarantee the Sheriff would agree, you would use the current anti-stay arguments that are being used in England to try and persuade the Sheriff that an adjournment is not in the best interest of justice etc....etc.... and lets not forget if the banks do not turn up to the prelim which they don't seem to do much then you win!!!!!:-)

 

So it looks like it is BAU up here in Scotland for claims under £750 or £1500 if you accept the additional risk of Summary Cause

 

Cheers

[sIGPIC][/sIGPIC]They don't like it up 'em Mr Mannering :-o

 

Abbey Claiming £1241.00

S.A.R - (Subject Access Request) requested - 17/02/2007

Prelim sent - 26/03/2007

LBA sent - 13/04/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE!

*** WON *** Cheque recieved 13/9/2007

 

Lloyds TSB Claiming £1335.00

S.A.R - (Subject Access Request) sent - 07/03/2007

Prelim sent - 13/04/2007

LBA sent - 03/05/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE

**WON** Cheque received 6/9/2007

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Hi everybody,

 

I am presently claiming through the fos and today I received a letter from the bos stating to quote [ If you do this, you should be aware that the bank will immediatley apply to the court to put your action on hold until the resolution of the bank's legal proceedings with the oft] that is the advice specifically for scottish claimants.

I was thinking of starting a claim against the bank for some of the money that is presently languishing with the fos but I don't know what to do now.

Has anybody actually received a judgement against the bank since all this oft buisness has started.

 

Eileen

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Hi all.

I have suffered a bit of a setback at Glasgow Sheriff Court this morning. Sheriff has granted RBOS a sist (stay - unsure which is which, think it's a sist in Scotland but could be talking out ma ear) pending outcome of high court test case. The other four reasons the defence put forward to suspend the case were non specific to my circumstances and thin at best (and did not impress the lady sheriff) but Sheriff did not wish to rule in the Sheriff Court before outcome of high court case. Received letter yesterday with rejected offer presented again and advice regarding OFT case and FSA waiver. Argued that bank had acted in bad faith by not negotiating as instructed (repeated offer not a negotiation but an attempt to get me to accept lesser amount before high court ruling) at preliminary hearing but think I have fallen victim to timing of OFT announcement.

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Leenie

 

This is bad news! :( I can see most Sheriffs reacting in the same way unfortunately, did you use the argument that the high court case may not be relevant to your case and until the case is submitted and the relavancy proved it would be wrong to award a sist on this basis?

 

Cheers

[sIGPIC][/sIGPIC]They don't like it up 'em Mr Mannering :-o

 

Abbey Claiming £1241.00

S.A.R - (Subject Access Request) requested - 17/02/2007

Prelim sent - 26/03/2007

LBA sent - 13/04/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE!

*** WON *** Cheque recieved 13/9/2007

 

Lloyds TSB Claiming £1335.00

S.A.R - (Subject Access Request) sent - 07/03/2007

Prelim sent - 13/04/2007

LBA sent - 03/05/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE

**WON** Cheque received 6/9/2007

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Think we are going to have to wait.............. hopefully not for to long :???:

Surley they have to act quicker than a year .

 

I still have claims for credit cards and loand etc. Do you think these firms will start to get tougher and not pay out ??:eek: I am not too optomistic now

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  • 3 weeks later...

i received a writ from court this morning (ordinary action equivalant of english multi track) from RBS for 3 different loans totalling ~ £11,000. I have no idea what they are for and have never had anything from RBS requesting payment. I have been at my address for 10 years and have never had any correspondence from them re this. I have not had an account with them since 2000 and certainly did not have these loans. They do include interest so the sum they say that is owed is probably a lot less than £11,000; but even so I did not have them. I have sent CCA's plus £3 by special delivery to RBS, I also stated that there has been no correspondence about this .

so firstly should thay have been able to go straight to issuing court proceedings without having had any kind of correspondence with me, reuesting payment etc and giving me chance to explain?

secondly is sending CCA's right thing to do or should i have DPSAR them

thirdly, i don't owe them but given that I have never had correspondence with them surely whatever they think I owe them (and I really don't) would be statute barred, been in house 10 years and closed account in 2000. any help would be greatly appreciated

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i received a writ from court this morning (ordinary action equivalant of english multi track) from RBS for 3 different loans totalling ~ £11,000. I have no idea what they are for and have never had anything from RBS requesting payment. I have been at my address for 10 years and have never had any correspondence from them re this. I have not had an account with them since 2000 and certainly did not have these loans. They do include interest so the sum they say that is owed is probably a lot less than £11,000; but even so I did not have them. I have sent CCA's plus £3 by special delivery to RBS, I also stated that there has been no correspondence about this .

so firstly should thay have been able to go straight to issuing court proceedings without having had any kind of correspondence with me, reuesting payment etc and giving me chance to explain?

secondly is sending CCA's right thing to do or should i have DPSAR them

thirdly, i don't owe them but given that I have never had correspondence with them surely whatever they think I owe them (and I really don't) would be statute barred, been in house 10 years and closed account in 2000. any help would be greatly appreciated

 

I have PMd you give me a call.

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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ok thanks. Having reread it, it is potentially much more it is 3 accounts totalling~ £11,000 then interest on this from 1999!!!!!!so it is a horrendous amount of money. anyway I have sent the CCA for them away with 3x £1. I cannot believe that they would just send a writ out without any kind of preliminary conatct, seriously I have had no contact and I've been here for 10 years.

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What were the accounts loan accounts overdraft?

 

Before any legal action you must receive a default notice.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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The thing is I don't know, because truly I have never had anything at all from them in the last 7-10 years. I had a current account that was closed in 2000 but this does not relate to it-that account is all cleared and the account nos are different. It states that 1 is for a personal loan branch account no xxxx and at 19 jan 1999 it was £3697.91. 2/ is for loan on personal loan capital & interest and at 19 jan 1999 was at £4932.58 plus interest at 12% per annum. 3/ is again personal loancapital & interest at 19 jan 1999 it was £5515.02 plus interest at 24% per annum. It then says "the pursuers have called on the defender for payment but defender refuses or at least delays to make payment and this action is accordingly necessary" [Rubbish.]!! I've never heard a tweet from them, the only mail I get from RBS is an old gold deposit account I have that's got £1.75 in it and has had that balance for ~8years. Hand on heart I have had no requests for payment or defaults re this, I haven't missed them or thrown them out unread. Since I found the forum I have dealt with everything and sorted my finances out. I have been in my house since 1997 and I can definately say since 2000 I have had no correspondence from RBS before this I can almost definately say that but I don't have that good a memory

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The thing is I don't know, because truly I have never had anything at all from them in the last 7-10 years. I had a current account that was closed in 2000 but this does not relate to it-that account is all cleared and the account nos are different. It states that 1 is for a personal loan branch account no xxxx and at 19 jan 1999 it was £3697.91. 2/ is for loan on personal loan capital & interest and at 19 jan 1999 was at £4932.58 plus interest at 12% per annum. 3/ is again personal loancapital & interest at 19 jan 1999 it was £5515.02 plus interest at 24% per annum. It then says "the pursuers have called on the defender for payment but defender refuses or at least delays to make payment and this action is accordingly necessary" [Rubbish]!! I've never heard a tweet from them, the only mail I get from RBS is an old gold deposit account I have that's got £1.75 in it and has had that balance for ~8years. Hand on heart I have had no requests for payment or defaults re this, I haven't missed them or thrown them out unread. Since I found the forum I have dealt with everything and sorted my finances out. I have been in my house since 1997 and I can definately say since 2000 I have had no correspondence from RBS before this I can almost definately say that but I don't have that good a memory

 

Interesting, and not dissimilar to my dispute i am extremely interested in this as my personal loan accont and overdraft debt were turned into capital and interest payment loans for collection purposes the reason for this becomes apparent when you read a clause in the agreement it states cotractual interest can be applied on any arrears outstanding and applied quarterly before and after judgment or decree.

 

Unfortunatley for the bank they tried to shaft the wrong guy this time.

 

Keep this thread updated as a matter of public importance.

 

 

Regards Paul

 

 

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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that scares the bejeezus out of me! hopefully cca's should shed some light on it, and I'll SAR them as well. I'm going to go to local court this week cos i don't know how to respond to an ordinary writ

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I don't understand any of it. But I particularly don't understand how it can go from no contact at all to a writ for court!! surely there must be a procedure such as we go through to reclaim charges ie letter of warning, second letter and then court?

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