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Hydra-vs-RBS

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Had to wait a couple of days to start this thread but I have commenced my quest for justice! hehe

 

1-Sep-06 - SAR and fee handed to cashiers at branch.

 

They were a bit bemused and didn't quite know what to do with the fee, but I got a reciept! Used the template.

 

After handing in the SAR I got a bit nervy and wondered if it's a bit heavy handed going straight for the throat as it where, demanding info under Data Act....but then I got to thinking about how they took 3 lots of referral charges just last month, putting me over the limit once again.

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I have just finished going through the statements and building my spread sheet but I have a couple of questions if anybody knows the answers....

 

What is the largest known claim against RBS upto date?

 

Every month I have been charged a set figure, this appears on or around the 11th of each month for the month previous, was £24 in 2000, £25 in 2001 and upto £43 currently. I think this is for the overdraft but I'm really not sure. I will ask the bank tomorrow but wondered if this is a refundable item in anyones experience?

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Just got off the phone to the bank, apparently that monthly £43 is comprised of £15 Royalties charge plus £28 penalty for going over agreed limit.

 

So should I be reclaiming this penalty? Does anybody know what the scale of charges for the Royalties account has been since 2000? I asked the bank this question and the girl told me she could only tell me what the current charges are....

 

This brings me back to my first question from last night....what's the largest payout persued to date from the RBS...because I am very worried. If I add all these penalties into my spreadsheet I think my claim might exceed £10k BEFORE interest.

 

This is in a whole different league from the posts I have been reading here.....

 

:confused: :confused: :confused: :confused:

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You cannot claim the royalties charges, but the £28 "over your limit" charge is claimable. As for the amount of the claim, there have been similar/ larger amounts (although not too many), but the same principles apply. Just make sure you split your claim to meet the thresholds of small claims etc to avoid the potential exposure to legal costs.

 

Hope this helps.

J

  • Confused 1

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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good luck, hydra, just keep reading faq's and as many threads as you can, cut and paste, and relevant advice, to your claim, into a word document, that you can refer to, and try to have your next step ready in advance, then they know your serious, if you stay on the timetable. also try to follow the people at the same stage as you, i find this useful.

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Can anyone tell me what the Royalties charge has been over the last 6 years? I've seen it somewhere here in my forum travels but I can't seem to find it now....

 

In order to get this 'action' moving could I claim for the overdraft penalty separately, at a later date?

 

Been a bit slack due to holiday etc but really trying to get things moving now so any pointers would be appreciated.

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depends what royalties scheme you are on (gold/ premier etc)

 

You should be able to tell from your statements how much it is as it will come off your statement on (or around) the same day each month.


1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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Davefirewalker posted a list of charges on my thread Seawall vs RBOS, but I was not sure when the charges increased. RBoS unsurprisingly declined to furnish me with the info.

 

As you have probably found out, the Royalties charge for us poor sods in the mire with RBoS is always disguised by a penalty added to it.


Prelim letter sent to RBoS 8/8/06 letter passed to another department...and Tommy fob off arrived

LBA sent 29/8/06 £2646.64 claimed - no reply

Claim entered 26/09/06 £2716 + interest. Not acknowledged so Judgment requested 17/10/06

Judgment in default 28/10/06:lol:

Cheque finally arrived 24/11/06, ring Group Litigation on a daily basis - you know it makes sense...:D

GE Money prelims sent for ERCs and charges on 2 accounts 18/10/06

LBAs on 2 accounts sent 5/11/2006

 

2nd claim against RBoS in 10/11/06, with threat of compounded contractual interest, c'mon now, concentrate...

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Yes, thats the problem I have. They will only tell me the current charge but not when it went up, and the Royalties Prem charge is, so far as I can see, invariably applied together with the O/D penalty so without knowing what/how/when regarding the Royalties fee I can't extract the O/D figure.....

 

I think I will claim for these charges separately, seeing as my total so far without interest is IRO £8k, this will give me more time to hopefully get to the bottom of this.

 

Thanks for your replies

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i am sure royalties premier is 15 quid. Before that royalties gold was aout 11.

 

Look at your statements, and if you see a month where you should ot have any charges and there is one for this amount, then thats what yoou are looking for. Like i said, it is easier to identify because they are nearly always taken on the same day of the month.

 

j


1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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Just had a call from a very pleasant lass at my branch, following my initial letter. She had passed my complaint to customer relations who had ordered up a complete set of statements for me which had arrived and would I like to collect them.

 

I pointed out that I had already received statements and that the charges had been extracted into the the schedule I had supplied.

 

She then said that the bank required that I indicate the charges on statements and not just list them, as in the spreadsheet.

 

She said that this was to be policy 'from now on'.

 

WTF???? Has anyone else had this tried on or is it just for my benefit?

 

Where is this leading?

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Just had a call from a very pleasant lass at my branch, following my initial letter. She had passed my complaint to customer relations who had ordered up a complete set of statements for me which had arrived and would I like to collect them.

 

I pointed out that I had already received statements and that the charges had been extracted into the the schedule I had supplied.

 

She then said that the bank required that I indicate the charges on statements and not just list them, as in the spreadsheet.

 

She said that this was to be policy 'from now on'.

 

WTF???? Has anyone else had this tried on or is it just for my benefit?

 

Where is this leading?

 

I would not entertain them. Just stick to the tried and trusted method. You have highlighted the charges to them.If they choose not to accept the information you have supplied what are they going to do not payout? I dont think so. I would call them back and explain to them that they have all the information they require to identify the charges tell them that if it helps you will give them your account number!! Also inform them that you will take a dim view of any further stalling tactics which the bank are adopting and report them accordingly.


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Told 'em 'HELL NO!' and they said they would see what they could do....

 

Just as an aside, I can't see anywhere where it says if the various deadlines (i.e 14 days from prelim to LBA, 14 days from LBA to Moneyclaim, etc.) are working days or actual days...

 

Can anyone enlighten me?

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I did it as actual days on both of my actions, go with that and hit them hard...


__________________

HSBC £3829.00 Prelim letter sent 17/7/06 :wink:

£1996.00 Offered 9/8/06 :rolleyes: .. See you in Court!

MCOL Filed 15/08/06 :)

DG response asking for info 8/9/06

 

RBOS S.A.R - (Subject Access Request) sent 12/07/06 :cool:

Prelim letter sent 29/8/06 £2552 requested!!!

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Told 'em 'HELL NO!' and they said they would see what they could do....

 

Just as an aside, I can't see anywhere where it says if the various deadlines (i.e 14 days from prelim to LBA, 14 days from LBA to Moneyclaim, etc.) are working days or actual days...

 

Can anyone enlighten me?

 

Its actual days and not working days.


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Well here's a turn-up! They only asked me for all my statements 2 days ago but today's postie brings me a special delivery!

 

Charges are fair....do not accept OFT findings...no industry consultation....offer of £2202 as good-will, full and final etc etc.... Bless!

 

Accepting offer as interim payment.

 

Now off with the LBA?

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Guest willowb

That's right. 14 days or when you get a refusal to pay up, whichever is earlier!

 

Good luck

Wxx

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Hydra, If your letter is from Tommy "Big Mac" McLean, that is great news. That way, I reckon you will be offered the full amount by the end of next week...latest. Get the LBA off now. Tommy is a pleasure to deal with and very approachable on the phone, should you wish to call.

 

Can you smell the dosh? can you? CAN YOU???

 

j


1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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Guest willowb

Bloody Hell....there's that avatar again!:shock: .........:-o .......LOL

 

Wxx

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20th November 2006

 

 

LETTER BEFORE ACTION

 

Dear Mrs Egan,

 

ACCOUNT NUMBER: xxxxxxxx sort code 16-33-20

Thank you for your letter.

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account.

I accept your offer of £2202 as an interim payment toward the total sum of MY money taken from the above account, as penalties, by yourselves and on the clear understanding that I will pursue recovery of the remainder with a County Court claim if necessary, whereupon interest charges of 8% from the date of the offence will be added.

I appreciate your position regarding the OFT ruling but the fact is that banks ARE overcharging and this has been upheld by countless rulings by The County Court.

My position, however, remains unchanged - 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 again 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.

 

It is shocking that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

I have re-calculated charges to include those imposed this month and the total now stands at £8261. I am enclosing an updated copy of the schedule of the charges which I am claiming. 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 sincerely,

BOMBS AWAAAAAAY!

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Guest willowb

OMG!!!! how did that jump from £2,202 to £8,261????:o

 

Wxx

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My original claim was for £8171, they offered £2202 as full and final settlement/good-will/fob-off.

 

It's gone up to £8261 now because they hit me with another £90 in referral charges on the 8th....

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