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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Hydra-vs-RBS


HydraUK
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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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  • 4 weeks later...

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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  • 1 month later...

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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  • 2 weeks later...

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.

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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.

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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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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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This letter is from branch level...will that slow things up?

 

Money will be good, I just have to keep the wife away from word processors until I get the LBA posted - she's all for accepting.

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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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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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