Reclaim Overdraft Charges from RBS - Scotland

[maroondevo52]

Hi,

 

The next letters your LBA.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

Here's some addresses.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/106783-halifax-bank-scotland-contact.html

 

Regards.

 

Scott.

[jim2007]

do I need to change the bit that say's 'you have failed to respond' as they have responded to me but just saying that they are not prepared to look into until the OFT case has been resolved?.

[maroondevo52]

Yes, just change that bit

[jim2007]

That's it! I've sent off the LBA with copy of letter and schedule. HBoS also charged me another £28.00 2 days ago (to be taken 31/10/08) so i've included that and revised the schedule saying additional charge etc.

 

I'm determined to see this out now!

 

Could I have some comments regarding what is likely to happen now as am keen to see how this could pan out

 

Thanks

Jim

[sea-sidelady]

Keep adding any new charges until you file at court.

 

If you still hear nothing then you need to file at court. Have a read through of this, it will show you what to expect, but just ask if anything worries you.

 

Step By Step Guide - Consumer Wiki

[jim2007]

Hi

I'm due to file as HBoS has not replied to my LBA letter. With the imminent takeover of HBoS will this affect my claim? comments welcome.

 

Also am a little unsure of how the easiest and quickest way to file a claim. Is there anyone who could possible simplify and bullet point what I need to do just so I have it all correct as I don't want to mess up.

 

Regards

Jim

[sea-sidelady]

There should be no affects on claims. So you can carry on as normal.

 

If you are ready to file at court, the best way is to fill in the forms i gave you in the link above. Have a good look at them, you need to make 3 copies of everything. Make sure any new charges are on there.

 

Here is a guide to how you need to fill it in...any help you need, just ask and we will help you. Mistakes at this stage can be costly, so if your not sure..CHECK.

 

This is how to fill in your N1...

 

Your N1 claim form.....

 

Claiment

Jim+ address

 

Defendant

Halifax

Trinity road

 

 

Brief details of claim

Money claim for return of penalty charges applied to the claimants bank account by the defendant.

 

Value

 

Charges.......£xxxxxx

Interest under s69 county courts act 1984......£xxxxx

Total.....£xxxxx

S.A.R - (Subject Access Request) Fee.....£10

 

In the boxes....

Amount Claimed.....full amount

Court Fee ....... (court will tell you)

Solicitor Fee...leave blank

 

Human rights.....NO

Poc....Attached

 

The bottom of the form.....print and sign.

DONE..!

__________________

[jim2007]

Do I need to find out my nearest county court and there charges to put in?

POC Section has lots of text in the library but you have put Attached do I need to explain my claim or just have a spreadsheet attached?

I have my own spreadsheet with costs on do you advise me to use the interest spreadsheet in the library which will calculate the costs for me?

S.A.R fee, do I need to pay this as Ive never asked for this before?

 

Sorry for all the silly questions just want to be sure

[sea-sidelady]

No questions at this stage are silly.

 

Do I need to find out my nearest county court and there charges to put in?

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available

 

Court costs...

Court costs...

up to £300 £30

£300.01 - £500 £45

£500.01 - £1,000 £65

£1,000.01 - £1,500 £75

£1,500.01 - £3,000 £85

£3,000.01 - £5,000 £108

£5,000.01 - £15,000 £225

£15,000.01 - £50,000 £360

£50,000.01 - £100,000 £630

 

POC Section has lots of text in the library but you have put Attached do I need to explain my claim or just have a spreadsheet attached?

 

There is a box you tick which says attached. Just put them in with your N1.

 

I have my own spreadsheet with costs on do you advise me to use the interest spreadsheet in the library which will calculate the costs for me?

 

As long as it has all the correct details on it it will be fine.

 

S.A.R fee, do I need to pay this as Ive never asked for this before?

 

If you paid your £10 sar fee, then you can claim it back now.

[jim2007]

I have had a look for courts in Scotland, but can't find any. Can anyone help?

Also once I've filled in the form and printed off 3 times do I need to hand it in at my local court and pay a fee upfront or can I send it off by recorded post?

Do I need to quote in the particulars the dates that my letters were sent?

 

Thanks

[maroondevo52]

Hi, Jim.

 

When filing in Scotland you need to use these forms......

 

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/11123-scottish-procedure.html

 

What town are you in ?

 

Regards.

 

Scott.

[jim2007]

Hi

 

I am in Clydebank nr Glasgow. I will give it a shot this week some time but will probably have some more questions nearer the time as don'y want to mess it up.

 

Thanks

Jim

[maroondevo52]

Hi, Jim.

 

It's the Scottish Court Forms you need to fill in, just post back here if you need a hand, It's really pretty easy

 

Regards.

 

Scott.

[vzzzzzzzzui]

Hi,

 

This is my first post here.

I have never been happy for the ovedraft charges me and my partner have been suffering. Those charges are even more painfull as they tend to happen when my partner is off work and we are financially weaker.

The reason I decided to join this forum and challenge RBS is what happened a week ago. I had a DD coming for which i had money to cover but some switch payments I made 5 days before had not cleared from my account yet. When all of them came at the same time I was overdrawn three times and a further fourth and fifth time for something called Guarantee Card Payement(£105) + (£35) for going over agreed limit by another £1.38.

 

I phoned them and they suggested visiting a branch, which I did and was told with extreeme politness to go f*** myself.

 

That was it. I had enough. The first thing I did was just in case open another bank account on A&L where they match my overdraft limit. I am thinking on switching to them ASAP and my cuestion is if this could affect my claim in any way?

I do have all past transactions and all info available, just don't want to deal with RBS any more.

 

Thanks a lot!

Edited October 7, 2008 by vzzzzzzzzui
Forgot the most important: Thanks!

[vzzzzzzzzui]

An update to my previous post:

 

I was on the limit of my agreed overdraft and today I got my wages paid in. But RBS has decided to take their "share". Just before my wages are paid in the add a "REFERRAL CHARGE" of £30 with which I go overdrawn, which implies another charge.

 

I just finished my claim letter as per template one and just had to mmodify/add latest charges to it. Still waiting for my statutory credit report and will send letter ASAP.

Opened another account on A&L.

 

I feel anxious and realy angry. That makes me even more determined to chase them.

[jim2007]

A little confused on what I need to put in box 8 on form 1a, can anybody help?

[jim2007]

Another quick question:

when filling in question 7 on the form 'state details of claim here....'

It states 'has held a bank account with the defendant since on or before ........... the account number being 0000000'

Does this refer to the date the bank account was open or todays date as it says 'DATE HERE' in the help section.

Sorry for the really silly questions just don't want to look even sillier if this goes to court!

Thanks

[maroondevo52]

Hi, Jim.

 

In 7. you put the date the account was opened.

 

In 8. What does it say, if it's a Summary Cause Summons,leave blank, the Sheriff Officer will fill that in.

If it's a Small Claims Form, I did not have a box 8 ?

 

Regards.

 

Scott.

Edited October 27, 2008 by maroondevo52

[jim2007]

it's called 'service on defender' box 8

[jim2007]

Are forms 1a and 1b not the same?

also, is it 3 copies I need to have of each form so 6 in total?

 

Thanks

[maroondevo52]

Hi, Jim.

 

Yes the 2 forms are the same, just leave box 8. blank.(the Court will fill that in) as they are serving the Summons.

 

You only have to hand in one copy of the Forms to the Court, and make one copy for yourself.

 

So that's 4 sheets of paper.

 

Regards.

 

Scott.

[jim2007]

Hi

That's me done the form's. I am going to my local sheriff court tomorrow as I am off work for the day. I will hand in my forms along with the £39 and hope for the best.

 

What, in anyone's experiance, likely to happen next?

I will ask at the court but just wondered from peoples previous experience what the likelyhood of this dragging on to court?

Also, has anyone ever gone to court and lost?

 

Thanks

James

[maroondevo52]

Hi, jim.

 

I take it's a Summary Cause Summons, the court will send papers back to you and you will have to take them to your local Sheriff Officers office and ask them to serve them on the Defender.

 

The Court will give you a list of your nearest office. It cost me £15.75 from memory With most of my claims as soon as the Sheriff Officers served the Summons, the Bank got in touch offering me the full amount, plus costs, including the Sheriff Officers fee.

 

Good luck with that.

 

Regards.

 

Scott.

[jim2007]

I went to Glasgow sheriff court today (bit of a nightmare!)

Handed the form's in though but had to find out additional branch details for HBoS as the Halifax main address isn't covered under the juristiction in Glasgow. Just called them and ask the address of my local branch etc etc.

Cost me £60 to serve the summons (I thought it was cheaper) apparantly it's £15 if under £200 claim, over £200 is £60.

 

Fingers crossed, I know it's only a small amount (£231) but with the current economic climate it all add's up!

 

Will update once I hear any news.

 

Anyone been in a similar situation recently and can offer any advice/comment.

 

Thanks All

Jim

[maroondevo52]

Hi, Jim.

 

With my claim against Cap 1, who don't have any branches, I put on the form........Edinburgh Sheriff Court has jurisdiction as the monies are to be paid to the persuer in Edinburgh.

 

Luckily for me it worked and they paid out as soon as they received my summons

 

Regards.

 

Scott.