Jump to content


  • Tweets

  • Posts

    • FE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdfFE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdf Hi , I attached letters as described 
    • FSO is orchestra..FOS. erudio wont go anywhere near a court with this. your main issue is you keep poking the bear..and using the phone. they cant enforce them and they cant refuse back dated deferment.   get our copy of the old blank SLC deferment form from the home page of this SLC forum. filling out copies for the years you could/did not defer   send them off to erudio with a covering letter that you will not be entering into any further discussions over the issues   let 'em sweat.   as for admission, well you've got to do that anyway.
    • There's plenty information in the links I have provided which would suggest so...a deed must be witnessed ..not necessarily independent..but without three signatures its validity must be questioned.   See what your Solicitor thinks.
    • It seems there are a number of issues here. The first is that the matter was heard in your absence even though you informed the court that you would not be able to attend the hearing. It is most unusual for a court not to allow an adjournment for a minor motoring matter when the defendant has asked for one and has a good reason for asking.   Unfortunately, pleading guilty to speeding was the worst thing you could have done. They have no evidence that you were driving (that comes from you providing your details). When I asked you earlier whether you intended to ask for the usual “deal” (to drop the FtF charge in exchange for pleading guilty to speeding) I assumed you knew that you must maintain Not Guilty pleas to both matters until the deal was agreed. What I don’t understand is why you have not been convicted of speeding in view of that plea (and, as mentioned, how you didn’t land up with nine points).   The fine and costs seem to have been based on the default weekly income of £440 per week (the fine is 1.5 times weekly income). So, unless the income you stated was coincidentally £440 pw, it seems the statement of income you provided has not been used.   This is a mess, some of it down to you and some, it seems possibly down to the court. An appeal to the Crown Court is not advisable. You have not mentioned why you failed to provide the driver’s details but without you being there to offer a defence (and it’s a difficult charge to defend anyway) you were probably properly convicted of that. You were also lucky not to have been convicted of speeding. If you appeal against conviction to the Crown Court it will almost certainly fail and you may end up with a speeding conviction plus the Crown Court costs (which may be around £1k) into the bargain.   I believe your avenue of approach should be to the Clerk to the Justices of the area where the court is (details are available online from HMRC website). You should asked for the matter to be reopened under Section 142 of the Magistrates’ Court act. Paragraph 1 of that section says this:     Power of magistrates’ court to re-open cases to rectify mistakes etc. (1)    A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.   You should make your request on the grounds that you were refused the adjournment you requested, were not informed of that refusal, and therefore had no opportunity to attend your hearing. I would attach a copy of your original request. You were therefore not able to properly state your case. You can also state that you were not fined in accordance with your means (though be a bit careful with that if your income is significantly above £440 pw).   The issue really is that, faced with being unable to attend the hearing and learning only a short time beforehand that your adjournment had not been granted you were panicked into action that you had not properly considered (i.e. pleading guilty to speeding). I would not, however, put it like that (because that is what you intend to do anyway if you get a fresh hearing and are able to do a “deal”). The deal with the prosecution is conducted routinely every day and will be well known to the Clerk to the Justices, the prosecutor and the Magistrates. But you need to secure a fresh hearing, have the original conviction set aside, and start anew. A request under S142 is the only way to achieve that so I hope you succeed. You may want to seek legal advice to help you with the above. Alas to get representation in court will almost certainly cost you more than you might save but bear in mind you now have an endorsement code MS90 on your licence. Insurers absolutely hate that (because they wonder what you might have done that you didn't want to accept you were driving) and it will increase your premiums for up to five years (might be worth getting a couple of dummy quotes to see the effect).   I don't think I can help much further but if so le me know.  
    • Thanks for the response Andy.   That is correct, there is no third signature, the blanked out sections are my own name and signature. The deed was only signed by my self and the bank manager that dealt with me, so only 2 signatures.    Would you assume the deed is invalid?
  • Our picks

    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
        • Like
      • 4 replies
    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 5 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
seaweasel

seaweasel vs RBS - pre-action

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4631 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi everyone

 

I'm considering taking RBS to small claims as I was recently charged about £80 in a week and estimate that I've been charged at least £200 or £300 in the past 5 years. As a first step I wrote to my manager to refund the recent charges and she offered me £45 as a final settlement which I accepted conditionally (on the basis that I reserve the right to take further action to recover any charges). I just posted that letter yesterday.

 

Anyway, I'd actually been looking into small claims against HBOS for my fiance and in the meantime this happened with RBS and I thought that they probably owe me quite a bit. I'm sending off a DPA request soon however I'm a little concerned about things getting nasty and wanted to get some peoples expeience of dealing with RBS.

 

I've got quite big overdraft (which was just increased) which I've had for a long time and I'm a bit worried that if I take legal action, they'll call it in and close my account. Obviously this is a risk I'd have to be aware of but I can't afford to pay it off so I was wondering how likely this would be. How nasty have RBS gotten with other people?

 

And HBOS for that matter. I think my fiance will be moving bank and paying off her OD before she claims though. Unfortunately (although I've also got an HBOS account already) I can't really get rid of my overdraft.

 

Any thoughts would be appreciated.

 

Cheers,

Craig


Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

Share this post


Link to post
Share on other sites

i have a similar worry with my action. I have an overdraft with the BOS and i worry that if i take action against them to recover charges they will call in my overdraft facility, close account etc. Its not a problem to open up another account at another bank just paying back the overdraft. (though i suspect it wont be much of a problem if they pay back the charges first!!)

 

My other alternative is to go into my bank and ask them under what conditions would they deem an overdraft facility null and void (and get a writtent statement to this effect? or something?). (they have just recently renewed my own overdraft account) Given the fact they have renewed my overdraft then is this evidence of them *accepting* that i fall under the permissible conditions of allowable overdrafts? So if they then come back and say (after i start claiming against them) that they are cancelling my overdraft because ive broken X condition ergo they reserve right to withhold it anytime.

 

In other words should they be allowed to close down an overdraft facility where before they did not and there is no change in circumstances.

 

thanks


HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

Share this post


Link to post
Share on other sites

Thanks CJ. Just to clarify, do you mean asking the bank under what circumstances the overdraft could be cancelled (i.e. taking legal action against them) and if they later cancelled it for something not covered by the T&C, they'd be in breach?


Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

Share this post


Link to post
Share on other sites

yeah :) I think its in the T & Cs that they can cancel it if your account is in bad shape (ie lots of charges!) but im not sure.

 

But the wording might be in there where it says they "reserve the right to withhold it at any time" or something along those lines. So while in practice they accept customers who end up with a lot of charges on their overdraft (coz its quids in for them!!!!) but in theory they can use this as evidence to pull it anytime.

 

So what i was hoping is that if they sign a statement saying they are happy for me to continue with my overdraft facility (i thought them renewing it indicates this but you cant be too careful!!) even though there have been lots of charges on it over the years (though not in the last couple of months)

 

I remember asking a bank teller a week ago (when it was due for renewal) about this and she said it is automatically annually renewed unless it is flagged up as being unmanageable and then they try to get you to go on a loan from them.

 

They have actually tried this with me a long time ago (when my situation and charges were LEGION!) but i didnt meet their own criteria and conditions of acceptance to get a loan!!!!!!! I could be wrong about this though my memory is not 100% on it.

 

 

But yes i think it is breach of the banking code for them to respond to legal action against them by closing the customer account/cancelling overdraft. Undoubtably they would "find" another reason for closing the account. I'm just thinking about ways of limiting their ways of closing it the account/and or the overdraft.

 

hope thats nice and clear! :)

 

I dunno though...this is just me guessing! so best to wait for a 'higher up' to clarify.


HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

Share this post


Link to post
Share on other sites

spoke to my local BOS branch manager..

 

legally they can call in any overdrafts and loans you have with them at any time. They dont need a reason. According to what he said. :|


HBOS - Data Protection Act Request 03/08/06

HBOS - Statements received 29/08/06

HBOS - Preliminary Letter Asking for it Back 01/09/06

HBOS - LBA Sent 19/09/06

HBOS - Moneyclaim filed 06/10/06

HBOS - acknowledged claim 11/10/06

HBOS - partial offer received for £716 16/10/06

HBOS - I THINK I MIGHT HAVE WON!! HBOS credit my account

with £2341 + costs/interest!! will know details soon

26/10/06

Share this post


Link to post
Share on other sites

Handed in my SAR to my local branch today and asked them to send it to head office. I didn't have my cheque book on me so I asked about giving them cash but the guy said that the payment would just be taken from my account. I mentioned that if I didn't include the £10 they might use it as an excuse not to issue the information but he said that the bank had to do it and that they'd write to me confirming my request. He seemed a bit bewildered at first by the letter but then assured me that they usually just debit the amount from accounts for SARs so I'll believe him for now and see what happens.


Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

Share this post


Link to post
Share on other sites

I phoned my local RBS branch today to check the progress of my S.A.R - (Subject Access Request) but the girl I spoke to couldn't find any reference to it. She said that she'd check with another office in Glasgow and in the meantime I could phone Head Office, which I did. I spoke to someone in the Retail Regulatory Risk department who told me that they hadn't had my letter or fee through and that I shouldn't have been told that I would receive a confirmation or that they could debit the fee from my account. She asked for the phone number of the branch I handed it into and they phoned me back within minutes saying that they'd 'looked into it' (or been shouted at perhaps) and that I'd need to come in to the branch and fill in a form. I can't make it into a branch until Monday or Tuesday so I asked for the direct address for the relevant department. I also reminded them that they have about 24 days left to comply.

 

Since they've lost my letter I need to either send another one or go and fill in that form, although I'm not sure where my chequebook is. I suppose I can use a postal order.

 

I'd been considering getting statements for my old RBS visa but didn't want to pay another £10 (closed it in about 2002 or 2003), but I suppose if I have to hand in another letter I could add that account to it too?


Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

Share this post


Link to post
Share on other sites

Another development. Phoned my branch as I hadn't received a reply regarding my acceptance of the £45 as a partial settlement of the £78. Had a drawn out conversation with them about how my letter was ambigious (alledgedly) and that they were waiting on me clarifying it (although they didn't tell me this). I basically said (interspersed with the legal arguments about charges) that I'd like the money but if they won't give me it, that's fine, as long as I know what's happening. She eventually asked if I wanted it to be credited and I agreed, however I'd been pretty clear that I wouldn't accept this as a full and final settlement and that even if I did, the Bank couldn't legally prevent me taking further action in future.

 

Edit: Just a thought, will the bank argue that the very act of them giving me the money means I've accepted it as a full and final settlement?


Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

Share this post


Link to post
Share on other sites

Since RBS claim they've lost my SAR, should I send another one or just ride it out and write a letter to the Data Protection Commissioner (or write a letter to the bank threatening legal action as I noticed someone else has recently)?


Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

Share this post


Link to post
Share on other sites

Received a letter from Retail Regulatory Risk today saying that they'd be happy to send out my statements if I send them a fee of £5 so my SAR must have turned up after all. Just tried to phone RBS Cards to see if I could get an account number for my old Visa but they couldn't find it, thought it might be an idea to see if I had any charges from that too (don't remember many though).


Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

Share this post


Link to post
Share on other sites

Strangely RBS didn't cash my cheque and took the £5.00 from my account, anyway my statements arrived today, much quicker than expected (and back to July 2000).

 

Added up the charges and it comes to £823. I know this is a bit noob but I'm still not sure if I can claim unauthorised overdraft interest (I have a student account). If I can it comes to £46.70, a total of £869.70. Time to get prelim letter sent off.

 

Edit/bump:

One quick question before I send my prelim letter off: I did some searching and it does seem that I could claim OD interest in theory but I've noticed that all the interest on my statements is in a chunk at the beginning and doesn't seem to relate directly to any charges (although I have an interest free overdraft). Any ideas?


Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

Share this post


Link to post
Share on other sites

Sent away my prelim letter on Friday the 8th. Decided not to go for overdraft interest as a lot of it didn't relate to specific charges and would have been difficult to prove.

 

FAO Mods - could someone change my thread subject to just "seaweasel vs RBS"? Thanks.


Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

Share this post


Link to post
Share on other sites

First deadline today, no response from RBS. Shall get my LBA sent off tonight.

 

Forgot to mention, I got a letter through from CS in Edinburgh earlier this week apologising for taking £5 from my account for the statements and refunding it. They didn't cash the cheque I sent either however. This made me wonder if they're dealing with my prelim letter as I doubt anyone would be looking at my account otherwise.

 

FAO Mods - could someone change my thread subject to just "seaweasel vs RBS"? Thanks.


Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

Share this post


Link to post
Share on other sites

Received standard letter from our friend Tommy McLean (was posted the day before I sent my LBA).


Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

Share this post


Link to post
Share on other sites

Received copy of the previous letter on Monday (he seemed to think I hadn't got it through). I posted a letter extending my deadline until the 16th and got an offer of £510 today. I've replied with an edited thanks-but-no-thanks letter saying that I'll go ahead with the claim if I don't have a postitive response. In both letters I've stressed that I'm an otherwise satisfied customer and expressed my desire to settle the matter amicably, hopefully this will be the case.


Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...