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Guest willowb

WillowB v RBS*****another WINNER ****

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Guest willowb

Any advise about this please? They are demanding a 7 day repayment on the amount outstanding on my overdraft.

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Don't panic! Repay what within 7 days?

:cool:

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Guest willowb

Hi cats, thanks for the reply.

 

They are asking for £3,109.29, the sum total of what I'm claiming from them. My claim went in last week. But I still don't know what to do with this. Can they do it? why? raaaaaaaaaaa:(

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I'm a bit confused about what the bank is demanding. Are you overdrawn by that amount or something?

Take a deep breath and try to stay cool, there are some fantastic people on this site who know an awful lot more than me, just give them a bit of time to come to your rescue.:)

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I take it you have lodged a small claim?

I'm no expert,but I think I'm right in saying you can write and tell them to take a rather large running jump-or else make them an offer to drop the claim in exchange for writing off the amount they are demanding.

 

As the banks so patronisingly put it,"we are putting into practice the right of offset"-ie they owe you X,they say you owe them Y

x-y = 0

 

they are trying to intimidate you-they cannot do this while your balance is in dispute.People have got wise to the bully boys-thanks to forums such as this.Their days of brow beating are coming to an end!!

 

Dave,Bankfodder or some of the other mods will give you the definitive answer.Dave has rather a unique way with composing letters which are,shall we say,to the point..... ;)


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Willow - can you help me - i'm trying to place a claim against RBS with Moneyclaim, but they have told me that due to the address being in Scotland i can't use the site - what address did you file the claim against?

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What you do is write back a not so nice letter, stating that you have raised a claim for the same amount, even not very bright people like themselves should be able to understand that it means the amount is in dispute, and that they therefore can not demand repayment until YOUR claim is sorted, and you are fully confident by the time the bank actually settles your claim, you will in fact have no debt to pay off, but that you will be quite happy to discuss any outstandign amounts once you have received full and final settlement of your current claim.

 

You also want to point out that they are in fact in breach of CPR by demanding payment within 7 days (the same rules that we use by asking for repayment of bank charges within 28 days), and that this is quite clearly an attempt at intimidation, and that you will have no hesitation in bringing this to the attention of the judge when your own claim gets dealt with.

 

Finally advise that should they persist with this absurd demand of theirs, it will be defended vigorously, as would any attempt to default you or enter adverse information on your credit file.

 

In other words: Bring it on. ;)

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Guest willowb

Goodness, thank you everyone.

 

 

The amount that they are claiming for is the amount that we're currently overdrawn and making monthly payments on.

 

I have contacted Bankfodder about this also. So, my next step is a letter

bring it on it is.....I'll let you know how I get on.

 

Eternal thanks to everyone!!

 

WillowXX

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Guest willowb
Willow - can you help me - i'm trying to place a claim against RBS with Moneyclaim, but they have told me that due to the address being in Scotland i can't use the site - what address did you file the claim against?

 

Yes, please bare with me as I've got to go and see to the children right now, but I will post that address to you later (after 8.30ish..ok):)

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Guest willowb

KAY STANBRIDGE

RBS LITIGATION

1 PRINCESS STREET

LONDON

EC2R 8PB

 

This is the address I put in on the moneyclaim form....good luck!:)

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Guest willowb

Hi there:)

 

After some invaluable guidance from Bankfodder (eternally grateful!!;) )

 

This is an extract of my response to the RBS........

 

You clearly have not realiased yet that I have issued a claim against you (11th July 2006). If you wish to proceed with your claim as threatened in your letter then go ahead.

You can do it by way of counter claim.

I shall be very pleased to meet you in court, along with the judge and the 46,000 members of the Consumer Action Group, who will be extremely interested to hear the justification of your unlawful penalty charges regime.

Not bad hey!:cool:

 

Deep breath.........BRING IT ON!!!!:mad:

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Guest willowb

AND!!!! Whilst I'm in such a Fiesty mood (thanks Banfodder!;) ) I'm now taking on RBS MINT credit card......DPA will be sent out tomorrow recorded

delivery!!!:)

 

Next one will be Nationwide!:rolleyes:

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Guest willowb

Hi Peeps

 

I'm a little confused:confused: .... LOL AGAIN!....can someone help me please?:)

 

I filed my claim on-line 14 days ago tomorrow, RBS acknowledged the claim a week after filing (18th July). They haven't issued a defence yet, am I right in thinking that they have until tues the 8th of August to put in a defence? (28 days after the claim was issued against them).

 

I just want to be sure, I've been reading through the small claims pack but it's difficult concentrating with toddlers under foot!

 

WXX

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Yes, 28 days from when they acknowledged claim.

 

 

Originally Posted by willowb

 

Hi Seminole, Sorry to bother you.

 

Here's a liknk to my threadhttp://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/2953-hello-help.html

 

Deleted at OP's request.

 

Originally Posted by seminole

 

How much is the claim for?

 

Originally Posted by willowb

 

Deleted at OP's request.

 

Originally Posted by seminole

 

OK, you have issued a claim against them and they are threatening to issue a claim against you. I don't think they should do this under the Banking Code. You might want to search for "Banking Code" in the main forum. I'm sure it's been covered.

 

I'm also astonished that they've engaged debt collectors so quickly. I would write to the bank and their solicitors stating that the balance on the account is the subject of current litigation. If they wish to seek payment of the debt, then they are welcome to issue a counter claim. If they wish to issue a separate claim, then you will apply to the court for the two claims to be joined. This may delay matters slightly but it will show them that you mean business.

 

In my view what they are trying here is intimidation, pure and simple. You need to respond vigorously.

 

Originally Posted by willowb

 

Deleted at OP's request.

 

 

In reply to your pm:

 

Well, I don't know why you're asking. I told you on your thread on 19th July what to write back, and I don't see that it has changed.

 

IF they try and issue a court claim, YOU will then have 14 days to acknowledge, then 28 days to file a defence, by which time YOUR claim will have proceeded. You will always be ahead of them, no matter what they try. And at one point, they will have to give up the stupidity.

 

Can I also say that by pm'ing mods, you are causing your own problems as if the one you pm is not around, you are then left with no answers and have to start elsewhere. May I suggest that in the future, you post your queries on your thread, it will make things easier for all, not least you.

 

Furthermore, as it could happen to others, I now am going to post this on your thread anyway, which is how a forum operates.

 

Finally, may I suggest that while you seem so unsure of what you're doing with one claim, you do not even think of starting on the next?

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Guest willowb

Hi Bookworm.....I've just pmed you about this and Seminole also today but I received a solicitor's letter on behalf of a debt collection agency demanding that I pay the amount outstanding by the 7th of Aug.

They haven't counter claimed, I'm a bit confused as to my next step....another letter? Can they legally do this? How should I respond?

 

Thank you

WXX

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Guest willowb

As for the claim, if they have 28 days from the day they acknowledged it, which was the 18th and not the date it was filed against them, which was the 11th July then that gives them until the 15th of Aug....ok then.

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Guest willowb
Yes, 28 days from when they acknowledged claim.

 

 

 

In reply to your pm:

 

Well, I don't know why you're asking. I told you on your thread on 19th July what to write back, and I don't see that it has changed.

 

?

 

I understand what you're saying to me, but the confusion is that I sent a letter to them which Bankfodder helped me with but then I received another letter today from their solicitor's, who have completely ignored it.

 

Oh dear....seemed to have ruffled some feathers...left, right and centre:(

I guess I write them another letter then, with the content of your post and see what the response is.

 

By the way, I thought that these are private messages? I didn't really want the banks to see the content of theses pms!

 

None the less

Thank you

Wx

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Oh dear....seemed to have ruffled some feathers...left, right and centre:sad:

 

Simply because I told you what correct forum protocol is, especially to help you getting the help you require, does not indicate ruffled feathers. I'm sorry you choose to interpret it this way.

 

I have deleted your pms, as per your requests.

 

If it makes things confusing for other people, I apologise, but you can easily piece things together by reading OP's thread.

 

When you write to them, make sure you go to the Post Office and obtain a certificate of posting (free), this way, even if they pretend they haven't received it, you have proof you sent it.

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Guest willowb

Thanks for that Bookworm:) I think that many people will empathise that I am feeling a tad open-wounded and sensitive.

 

Here's a copy of the letter I'm going to send tomorrow as per your guidelines...

 

As I have already recently informed you that I have raised a claim for the same amount, and that this account is already in dispute. You cannot demand repayment until my claim is sorted out. I am fully confident that when the claim is settled that infact there will be no debt to be paid off, but I will be quite happy to discuss any outstanding amount once I have received full and final settlement of my current claim.

 

May I also point out that you are in fact in breach of CPR by demanding payment within 7 days and that this is quite clearly an attempt at intimidation, and that I will have no hesitation in bringing this to the attention of the judge when your own claim gets dealt with.

 

Finally, if you persist with this absurd demand, it will be defended vigorously.

Once again....thank you.

 

WX

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Guest willowb

Hi guys!

 

well, very odd indeed! during the last couple of weeks I have received the same sequence of letters that I received when I first sent off my asking for it back and lba.....you know, the 'we are dealing with your enquiry.....' 'sorry for the inconvenience but we will get back to you.....'etc etc.:confused:

All the letters are signed 'Allistar Nutting'. We've already done all this! what's the story?

 

RBS have until monday to put in a defence on my claim and this morning I receive a letter offering me a £996 settlement!!!! My claim is for over £3,000 so of course I'm not accepting it.

 

Are they going bonkers or what?:o

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Guest willowb

Well, today's the day!!!:o

 

I'm so nervous! Thing is I haven't been able to log in to the moneyclaim site for a week now, it just doesn't let me put my customer id in (which is my email address) I get half way with it then it just won't accept any more characters. Anyway, I will phone them today and find out what's happening, wether or not they've filed a defence etc....

 

I'll let you know peeps!

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Guest willowb

I've just phoned them and RBS have until the end of the day to defend. So because I can't get on-line, the very helpful lady at moneyclaim told me how to download the form N225 from HM services website. I have done this and filled it in (nothing like being optomistic!) but can someone please tell me if they think my interest figure sounds right?

 

£2996.69 inc interest for each charge until day claim filed (11th July)

 

then I've calculated the daily interest at 0.0022 X 2996.69 = 0.659

 

compounded over 35 days I get it at £415.17......does this sound right to any of you number wizzkids???

 

Just want to be completely sure!

 

Wxx

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Guest willowb

anyone?:(

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hmmmmmmmmm over a year at 8% your only looking at about £240 so 35 days is about a tenth of that (£24)

 

I'd look at your calcs again

 

Dave


** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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