Stuart V Rbs

[stuarti]

Hi all,

 

what a truly exceptional web site the thought of getting one up on my bank is great. I have been reading for a few weeks now while waiting for my statements to come through. About getting my statements I phoned up my branch and requested them over the phone they seemed happy to oblige and received them in 4 days time:). I do have a few questions to ask i have read the FAQ just needing clarification if possible.

 

1/ I live in England account with RBS held in Scotland I received 6 years statements can i claim 6 years or just 5 considering situation?.

 

2/ My statements I have allot of charge to a/c is this because a always using my over draft and can I claim it back.

 

Any advice would be so helpful,

 

Thanks in advance.

[stacymason]

If you live in England you can claim back the 6 years, you can claim for any charges like returned DDs/ unpaid cheques etc

[stuarti]

Thanks for the feedback so i guess i can claim back rbs statements only??

 

CHARGE TO A/C

REFERAL CHARGE

UNPAID DD CHARGE

CARD MISUSE POS

 

if so i am shocked on how much thay have charged me £3,855.30 that includes interest no wonder i am skint all the time.

[stuarti]

Well to heck with it i have just sent off my Preliminary approach for repayment for £3300.40 plus £555.63 in interest total £3856.03. I sent it off to the bank manager at my branch in Scotland even though I live down south I have never transferred my account over. Will keep use all informed I am expecting the usual fog off letter I just can’t see the RBS rolling over. I have a large overdraft with them so this would help clear it off I will have to wait and see

Stay safe out there

[stuarti]

well Received a standardised fob off letter from Tommy McLean today which was quick!

 

"We believe our charges are fair...blah,blah,blah"

 

Basically **** off!!!!

 

I'm going to stricktly keep to my timetable, sending off the LBA in two days?? i think i am going to send it to the branch as i done with the first letter it seems to find its way to customers services, LOL

[stuarti]

Well sent of my LBA letter on the 21st received a letter from bank manager two days later saying they are in looking into it , thanks you for bringing this to my attention Balh Blah Blah and they would get back in touch with me before the 4 August surprising that’s when my 14 days are up LOL , well fingers crossed.

Stay safe out there!!

[stuarti]

There offer i am currently claiming £3,300.40 without interest YET. Got a letter from the bank manager yeterday on the day my LBA was up, offering £625. I really could do with the money but the hell with it, i am not going to accept it. Drafted or copy and pasted a decline offer.

please see below any input would be greatly appreciated.

 

 

Thank you for your offer of (625.00), dated (04/08/2006) with reference to the full and final settlement of my claim. My Claim is for the total of (3,300.40), for accrued bank charges.

 

You have stated, within your letter, that this is your final offer.

Nevertheless I am willing to accept your offer as partial settlement of my claim and will commence with legal proceedings to reclaim the remaining amount.

As you will be aware, my claim at that time will include interest pursuant to statute (under section 69 of the County Courts Act 1984) and court costs. Should you wish to settle my claim in full to the total of (3,300.40 – 625.00 interim payment) before the 14th August at 4pm, I will not commence with these court proceedings.

 

I am entirely confident that the charges imposed by yourselves, RBS, are unreasonable and have been deemed unlawful by the OFT. I believe a court would agree with this statement.

 

 

Yours faithfully,

 

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

I have a few questions for the experts out there Please .

 

1, My branch is in Scotland i live in England I have read a few posts were people have been having trouble submitting a claim via the money claim portal as the address is out with England any idea’s or recommendations.

 

2, I expect the RBS to withdraw there offer of £625 and not pay an interim payment as it would show them liable for the whole lot?? am i correct in thinking that.

 

3, How much does the court fees cost

 

4,How long does it take.

 

Thanks in advance this forum is a great read beats the TV lLOL

 

[stuarti]

Well my next step was the court but due to finacial problems had to wait to the end of the month. So on the end of the month came and funny enougth i recieved a letter from Tommy mclean??, surprise surprise.

 

After looking at my account which they believe they have conducted in a fair and reasonible manner they are now decided to offer me £1742.00 do i accept or not ??

 

1, The time court action takes

2, More money i have to fork out court costs

 

 

any advice would be gratefully

 

Thanks in advance

[pugsley]

I would go for the lot, it's your money afterall, but I suppose it depends on your circumstances. Most banks seem to offer the same amount twice as always say final offer etc, I wouldn't want my bank to see me as a pushover in future I remember many a phone call asking them to extend my O/D to cover charges, me begging a bit and I really regret I didn't know about this site sooner. So I am unwilling to accept partial offer of a refund, NO WAY, they acted unlawfully and we are within our rights to get our money and some expenses back.

 

Court times vary a bit, especially if there is a stay. The time limits are all available on this site, as are the standard defences banks put in. Good luck

[pugsley]

I read this earlier and I think it is a good guide to a claim

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/1777-mjanet-lloyds-unconditionally.html

[stuarti]

Thanks for getting back to me, I have decided to file a claim i have a few questions hopefully some one will be able to answer:) please

1,I contacted my branch a few months ago but since then they have added a few more charges to my account i know you can add them to your claim but this bring me over the 6 years Limitation Act can i still claim for them or do a separate claim ant help much appreciated.

2. My branch is in Scotland I live in England I found this address on this site is this the right address so I can use it on my claim.

Group Litigation, RBS

1 Princes Street

London

EC2R 8PB

:-|

[stuarti]

Sorry i forgot something regarding interest,

 

Claim £3,470.40 this includes the recent charges but takes me over the 6 years limintations

 

Interest (Spreadsheet used) £600.92

 

Daily interest = .76p does that sound right 3,470.40 x 0.00022

 

thanks in advance

[stacymason]

Hi Stuart

 

Id include the addditional charges and see if they knock them out of the claim at a later date. i.e when they settle.

 

Interest sounds about right.

 

Group Litigation address is ok!

 

RBS seem to be paying loads out at the minute!!

 

Any more questions just post....

[davefirewalker]

the six years runs from when you found out about unfair charges......so I would class the six years from when you received your statements! anything later added on is ok (I think)

 

dave

[livelylad]

good luck mate i am fighting RBS, just waiting for my court date.

[stuarti]

Thanks for getting back to me, i decided to file a CLAIM, done this morning for a nice some of just over £4000. Seemed straight forward enough so I guess I have to wait. for Cobblets again thanks J. I will keep use all updated

 

Ps:If anyone has any tips for up and coming cobblets letters!!!!

[livelylad]

hi bigcols thread is fantastic for Cobblers, it helped me draft my letter to them after they filed a defence.

this is the link.

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/11509-bigcol45-rbos.html?highlight=bigcol

[BigCol]

Cheers for that LL,

 

surprisingly, Cobblers seem to have gone quiet over my last letter......

 

We'll wait and see what drops on the door mat next, a cheque hopefully!!

 

BC:p

[livelylad]

hi Col my letter was pretty much the same as yours, as i copied yours:D i too have not recieved any more letters from them. i have spoken to Lynsey to confirm she recieved my letter fax and e mail, just thought i would bombard her with the info. she said they require nothing else from me. The AQ date is up on the 13th so a cheque soon too i hope.

 

I have just asked rbs to provide me with all my statements from 1988 to 2000 thats next:D

[BigCol]

Hmm,

 

best of luck with that one!

 

BC:p

[stuarti]

Hi all,

 

I have just received an acknowledgment from money claim the papers will be deemed served on the 12th Sept and should be acknowledged by the 26th, am I right in thinking I have to wait before sending a list of charges including covering letter to the court (Northampton) and I suppose this would include a breakdown of the charges or am i way off on this one .

 

Many thanks in advance:)

[Guest willowb]

Yeah, just hang on until the Court asks you for stuff. You'll probably get a request for more info from RBS through Cobblers along with their defence. Once you get that then the ball starts moving. But you don't have to provide any more information to Cobblers/RBS unless the Court requests it, so when you get the request through come back here and we'll point you in the direction of a letter template to send them etc etc.

 

RBS will wait until the last hour before they put in their defence so be prepared for a long wait!

 

Wxx

[stuarti]

Hi all,

If you have read the rest of the thread you know i filed my small claim, they acknowledged it on the 14th of September, and now I have received a letter from Tommy Mclean saying they will settle in full, £3,300 . But my claim now it has went to court is for £4,192.08 (It has went up because I have received a few more charges and off course interest)

1, If I accept this and sign the bit of paper saying that OUR TERMS AND CONDITIONS WILL CONTINUE TO APPLY AND ANY FUTURE CHARGES, IN THE ABSENSE OF BANK ERROR , WILL STAND. Can i make a claim for more charges that I have received the other week ie:£200 next time

2, If I don’t accept how long can this go on before I see any of MY money.

3, regarding the interest I think I have made a mistake I have under cut my sef by in the spreadsheet it says £618.48 and on the money claim web site it says £601.68 I don’t know if it was a typing mistake but is possible the bank lawyers can make a meal of it to get it flung out of court ????

Any help would be greatly appreciated

[BigCol]

Stuart,

 

it's up to you now, you can accept their payment and still go after them or you can thank them for their offer and state that as it is now £XXXX you want the full issue. However, you will only get what you asked for via MCOL unless you ask the Court to consider the extra charges and interest miscalculation. You will need to fill in an N244 form (from the HMCS website) and submit it to the Court for consideration. This will cost you £35 which you cannot claim back.

 

The ball is in your court, you could:

 

1. Accept the offer and still go after them for the rest (can't rememeber whose thread the advice was on but the can make you sign anything they like about full and final, but it has not (real) legal standing.

 

Or

 

2. Refuse their offer, stating that you now require £Xxxxx and informing them that you will be submitting an N244 to the Court for consideration.

 

Or

 

3. Accept their offer wholesale and move on. (Not my choice of option!!)

 

Sup to you!!

 

BC:smile:

[davefirewalker]

My personal option would be no.1

 

they seem to have offered to settle for what you originally asked for.

I would accept this, but not sign anything limiting your ability to further sue (advantage, the money is now yours in a short space of time)

 

if you went to court they could put in a defence that they HAVE offered you what you asked for and you refused it

 

I would then start again with all the new charges

 

just my opinion

 

Dave