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    • god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
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rogerwilko v rbs


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A big thanks to Martin over at the Money saving expert site for pointing me in the direction of this site :D

I started my action against the rbs back on 03/05/06. I went into the bank with my £10 and printed out letter from here. The girl behind the counter knew what it was straight away, popular then!

I received my 6 years worth of bank statements not long afterwards, and when my wife and I had time, went through them and picked out all the charges. It came originally to just over £1400.

I put this all down on paper, via the template off here (thanks guys) and sent that to my local branch.

Just last thursday 29/06/06, I recieved this letter:

Dear mr rogerwilko and missus :)

Thankyou for your patience whilst awaiting my review of your charges refund request.

In connection with the individual charges detailed in your correspondence, I would like to comment on the following:-

Here, the manager of the branch goes through my claim bit by bit, and pulls it apart! Apparently I'd made some errors and put some charges down that I shouldn't have. The upshot of the revised claim is down to £785, which is still nice to claim back, she then goes on:-

We believe that our charges are fair, reasonable and transparent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff, which we are satisfied , complies with all applicable laws and regulations. We are also committed to ensuring the transparency of the information that we give to our customers about the operations of our products.

We have considered and responded to the office of Fair Tradings (OFS)statement of 5th April 2006. We do not accept the OFS's findings in relation to credit card fees. We are concerned that the OFS has publicly called in to question the setting of charges applied to other products, including current accounts. The OFS has restricted its investigation to credit cards and moade no attempt to consult with the RBS or the industry in relation to other, entirely different products.

 

Consequently, against that background, we must differ with the views expressed in your letter and will not be refunding any of the charges applied to your bank account.

 

yours sincercerly

 

yadda yadda :)

 

So, my question is: Where do I go now? Is it court action letter time? Before I head down that route, am I right to stay with my local branch on this matter, or should I now go over their heads to head office?

Big thanks so far for all the help I've recieved off this site and Martins :D

 

Chris.

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Hi there.

 

This is my first time on the Consumer Action Group Website, I watched the BBC program and thought this is it I could actually get out of debt - (hopefully):confused: .

 

I was interested to read your comments about RBS as I have just written to them asking them to provide me with charges over the last six years (they dont't give up do they, they promptly asked me for £5.00 per old statement) for me to track this myself . I have not paid it and fortunately kept most of the statements so Sunday afternoon is maths homework time!!.

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That was quick! :)

The £700 in charges I've taken out amount to 2 things I'd accidently put in twice and bank charges I'd mistakenly applied that were part of the accound I have (royalties account) I've been back through the statements, and it seems to be correct.

Like you say, it's nice to see that I've caused the manager to actually spend some time on my account though :)

 

On the subject of your statements, read the first part of the advice about the procedure on this site again, and there's a letter to send, along with £10, that will get all your statements sent to you. Rather strangely, mine came headed from the Nat-West?

 

I'll keep you all posted.

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Rogerwilko,

 

I was confused as to what to do when I received my first letter off the branch, it was worded the same as yours and the seems to be their standard 'Sod off' letter.

 

I then sent a LBA, together with a breakdown of the charges that I am claiming back, which they have received as I have had a letter off them saying it has now been passed to 'Customer Relations'.

 

If I was you I would send a LBA, giving them another 14 days.

 

There is a very good one on this site, posted by 'Imported'.

 

All the best,

 

-NEIL

Royal Bank of Scotland

24/05/06 - Requested 6 years of Statements - Received 09/06/06

12/06/06 - Initial letter sent requesting refund - Response received 21/06/06 - 'Sod Off.....'

27/06/06 - LBA Sent - 31/07/06 - Response received 31/07/06 - 'Sod Off....'

01/09/06 - Claim Submitted - 04/09/06 - Claim Issued to RBS.

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Thanks again, I'm sending this tomorrow:

 

LETTER BEFORE ACTION

 

Dear Mrs ************,

 

ACCOUNT NUMBER: *********

 

I am glad that you have responded to my letter, but disappointed that we couldn’t resolve this matter. I have amended my claim to take into account the points you raised in my previous letter.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

You have calculated that you have taken £785 in charges off me in the last 6 years.

Please refer to the original letter and summary of charges for clarification.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Yours faithfully,

 

***********

 

 

It will be interesting to see if I now get bumped upto customer care after this one.

 

chris.

 

 

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Thanks again, I'm sending this tomorrow:

 

LETTER BEFORE ACTION

 

Dear Mrs ************,

 

ACCOUNT NUMBER: *********

 

I am glad that you have responded to my letter, but disappointed that we couldn’t resolve this matter. I have amended my claim to take into account the points you raised in my previous letter.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

You have calculated that you have taken £785 in charges off me in the last 6 years.

Please refer to the original letter and summary of charges for clarification.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Yours faithfully,

 

***********

 

 

It will be interesting to see if I now get bumped upto customer care after this one.

 

chris.

 

 

 

fingers crossed for you. I have sent My LBA today; hand delivered to the manager of my local branch and I requested a reciept for both letters. It was for £3,490 and the second was for £2,660.19 plus any interest. I am still waiting on statements from the Halifax. No wonder I've been skint for the past few years. I can't wait to see what happens next. I had a brief chat with the manager and even he agreed that the charges were ridiculous. I won't mention the name or branch though!

RBOS: Fob off letter recieved 28th June.

LBA for £2,690 & LBA for £3,240 sent 1st July. Replt to LBA'S recieved 14/7/06......fob off again!!! watch this space

:lol: MCOL submitted 19/07/06 :cool:

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Rogerwilko,

 

I was confused as to what to do when I received my first letter off the branch, it was worded the same as yours and the seems to be their standard 'Sod off' letter.

 

I then sent a LBA, together with a breakdown of the charges that I am claiming back, which they have received as I have had a letter off them saying it has now been passed to 'Customer Relations'.

 

If I was you I would send a LBA, giving them another 14 days.

 

There is a very good one on this site, posted by 'Imported'.

 

All the best,

 

-NEIL

Have you heard anything back following your LBA?

RBOS: Fob off letter recieved 28th June.

LBA for £2,690 & LBA for £3,240 sent 1st July. Replt to LBA'S recieved 14/7/06......fob off again!!! watch this space

:lol: MCOL submitted 19/07/06 :cool:

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Have you heard anything back following your LBA?

 

No, nothing apart from the letter saying that it was being passed to the Customer Relations dept. The 14 days is up on next Tuesday, 11th July.

 

I found it funny today though as I had a phonecall off them and thought straight away it was regarding this matter. It wasn't, they were asking me if my overdraft was ok and would I like to take out a loan with lower rate of interest to my current one.

 

I'm not even using my account at the moment, I have my salary and DD sorted elsewhere until this matter is concluded.

 

All the best,

 

-NEIL

Royal Bank of Scotland

24/05/06 - Requested 6 years of Statements - Received 09/06/06

12/06/06 - Initial letter sent requesting refund - Response received 21/06/06 - 'Sod Off.....'

27/06/06 - LBA Sent - 31/07/06 - Response received 31/07/06 - 'Sod Off....'

01/09/06 - Claim Submitted - 04/09/06 - Claim Issued to RBS.

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fingers crossed for you. I have sent My LBA today; hand delivered to the manager of my local branch and I requested a reciept for both letters. It was for £3,490 and the second was for £2,660.19 plus any interest. I am still waiting on statements from the Halifax. No wonder I've been skint for the past few years. I can't wait to see what happens next. I had a brief chat with the manager and even he agreed that the charges were ridiculous. I won't mention the name or branch though!

 

Cheers angelface, I'll keep you all posted :D

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No, nothing apart from the letter saying that it was being passed to the Customer Relations dept. The 14 days is up on next Tuesday, 11th July.

 

I found it funny today though as I had a phonecall off them and thought straight away it was regarding this matter. It wasn't, they were asking me if my overdraft was ok and would I like to take out a loan with lower rate of interest to my current one.

 

I'm not even using my account at the moment, I have my salary and DD sorted elsewhere until this matter is concluded.

 

All the best,

 

-NEIL

Good luck. please keep us posted. I have read so many threads on here and very few regarding payment from the RBOS.;)

RBOS: Fob off letter recieved 28th June.

LBA for £2,690 & LBA for £3,240 sent 1st July. Replt to LBA'S recieved 14/7/06......fob off again!!! watch this space

:lol: MCOL submitted 19/07/06 :cool:

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  • 2 weeks later...

Well, heard from the bank last Thursday:

 

Dear Mr. xxxxxx

Your complaint regarding charges has been passed to me and I am sorry we have failed to reach an agreement with you. Please accept my apologies for any unintended inconvenience or upset.

I regret that there is little that I can add constructively to previous comments. But, having reviewed your account, I can find no instance where charges have been applied when they were not properly due. They have all been associated with a lack of covering funds in the account at the time items were presented for payment. Accordingly, the charges that have been applied to your account should stand.

 

It is disapointing to note that you are contemplating legal action against the bank. whilst I hope you will feel able to reconsider, should you decide to go ahead, please ensure that any Proceedings are served on our Registered Office address, which appears at the foot of this letter.

 

I suspect that this is unlikely to be the answer you might have hoped to receive but nonetheless thank you for taking the time and trouble to contact us.

 

Yours sincerely

 

Ian Anderson

Customer Relations

 

and the address: RBS PLC, 36, ST. ANDREW SQUARE, EDINBURGH, EH22YB.

 

So, what now? It does look like they want a fight, what chance do I have in a court against the RBS? :( My wife, after reading this last letter, is all ready to give up and let it lie, but I've come this far already!

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You get all court costs returned when they settle, which they will do!!! RBS have never shown up in court to defend a claim yet, and one bank has publicly admitted they won't defend the claims! Its your money so why let them get away with stealing it!

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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Well, heard from the bank last Thursday:

 

Dear Mr. xxxxxx

Your complaint regarding charges has been passed to me and I am sorry we have failed to reach an agreement with you. Please accept my apologies for any unintended inconvenience or upset.

I regret that there is little that I can add constructively to previous comments. But, having reviewed your account, I can find no instance where charges have been applied when they were not properly due. They have all been associated with a lack of covering funds in the account at the time items were presented for payment. Accordingly, the charges that have been applied to your account should stand.

 

It is disapointing to note that you are contemplating legal action against the bank. whilst I hope you will feel able to reconsider, should you decide to go ahead, please ensure that any Proceedings are served on our Registered Office address, which appears at the foot of this letter.

 

I suspect that this is unlikely to be the answer you might have hoped to receive but nonetheless thank you for taking the time and trouble to contact us.

 

Yours sincerely

 

Ian Anderson

Customer Relations

 

and the address: RBS PLC, 36, ST. ANDREW SQUARE, EDINBURGH, EH22YB.

 

So, what now? It does look like they want a fight, what chance do I have in a court against the RBS? :( My wife, after reading this last letter, is all ready to give up and let it lie, but I've come this far already!

 

I had the exact response word for word following my LBA's. I asked for them to enter into a sincere dialogue with me as oppossed to a standard letter. I guess that was asking a little bit too much. I will filing my court cliam tomorrow. Good luck to you. I must admit I keep thinking that will make an example of me by coming to court lol. Keep us posted

RBOS: Fob off letter recieved 28th June.

LBA for £2,690 & LBA for £3,240 sent 1st July. Replt to LBA'S recieved 14/7/06......fob off again!!! watch this space

:lol: MCOL submitted 19/07/06 :cool:

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I had the exact response word for word following my LBA's. I asked for them to enter into a sincere dialogue with me as oppossed to a standard letter. I guess that was asking a little bit too much. I will filing my court cliam tomorrow. Good luck to you. I must admit I keep thinking that will make an example of me by coming to court lol. Keep us posted

 

angelface, how do I now go about progressing this matter. I've had a good think about the outcome, and I'm prepared to go ahead. This site can be confusing once you progress any further than this stage, and I'm unsure as to how to go on :(

Any help greatly appreciated :)

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Is that letter in response to your prelim or LBA?

 

If you read through the step-by-step process you will see that you sent the prelim letter, then 14 days later send the LBA, then 14 days after that start legal proceedings.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hiya Roger,

 

the next step now is take them to court. You can use money claim online which is pretty straighforward and the particulars of the claim can be found in the library templates. It will cost you £120 but it's money well spent. If you have any probs just ask...I am sooooooooo very grateful for all the help I have recieved from the good people on here. Good luck and keep us posted on your progress

RBOS: Fob off letter recieved 28th June.

LBA for £2,690 & LBA for £3,240 sent 1st July. Replt to LBA'S recieved 14/7/06......fob off again!!! watch this space

:lol: MCOL submitted 19/07/06 :cool:

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