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    • Thanks dx for your kind words. I plan to renew my season ticket and write a new begging letter as following, can I ask for any suggestion about it?   Dear Investigator/Prosecutor,   Thank you for your reply. I deeply regret my actions and the inconvenience they have caused.   I’m extremely remorseful for my crime. and regret it everyday. I often ask myself ‘’how can I do that thing just because I felt it is interesting. There are a lot of crimes in the world, but feeling it’s interesting is certainly not a reason to crime. I should not crime with any reason.’’ I think about these things every day, and I understand that I can’t blame anyone but myself.   I thanks to the staff who stopped me, as this is a valuable lesson in my life. I told myself that I should never ever repeat such a thing again, and never ever do anything which is possible to be in breach of any law. As a result, I carefully tap my oyster card every time before I enter the station now. I remind myself that I did a wrong thing before, and I should never let it happen again.   Although my monthly travel expenses do not warrant a season ticket, but I just renew my season ticket (please see the attachment). I understand that a crime cannot be truly compensated for, but purchasing a season ticket offers me a small measure of comfort, knowing that my actions caused a loss to the public interest.   I received an email which ask me to negotiate being class teacher in this summer (please see the attachment). I hope that I could teach the lovely students again, which may not be allowed with a criminal record. I would please ask that you would please provide me a single opportunity to settle all outstanding sums owed outside of court without the need for legal proceedings which would have a determinantal impact on my teaching career.   I sincerely apologise again for my crime. If you need anything further from me to help you please let me know.    Yours sincerely,
    • You did what??? You asked them to send you the documents that without them you had  a 100% ironclad win in Court. Why on earth would you do that? As it happens in this case, there is still enough mistakes in their PCNs and the NTH to have your case cancelled. Amd it may be that not sending those documents in the first place along with the ICO complaint and the letters from Alliance themselves which would confirm by the dates on the letters may be enough to cancel it anyway. I hope you have kept their letters as evidence? The chances are that Alliance will not actually take you to Court because of their errors but you never know.  You have made so much extra work for yourself in your WS if they decide to push their luck.though. Can you please post up their letter where they give the reason why I wasn't sent with the NTH.
    • I'm not sure that I fully agree with my site team colleague above.  My understanding is that there is nothing to stop you recording but it is strictly for your own personal use.   
    • I live in a student house, with 5 tenants, unihomes is our utilities provider, who we each have a direct debit set up with and have paid each bill every month. Two letters were sent in my name by BWLegal saying I had two outstanding payments due adding up to over £3500, I have tried to contact british gas (as that is apparently our houses provider) as well as Unihomes. Nothing has helped and BWlegal are pursuing legal action if these debts are not resolved by the 1st May. What do I do? I've called Bwlegal when i bring up that the debt isnt for me and for unihomes they hang up on me. so I am stressed and do not know what to do
    • cant do either if its not in a public place or on your land. dx  
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Royal BOS Business account


vix2000
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Can charges be recovered from a business account or only a personal account please?

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Where can I get info on case law please? Has anyone got any experience of claiming charges from a business account before?

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Is this a timescale rule or due to statement availability? What if you have more than 6 years statements to hand? Thanks.

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The limitaton Act which is now linked in the Library provides that action in contract are barred after 6 years

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Just wondered if anyone had registered recently who has any experience of reclaiming charges from a business account who could give some advice?

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Just wondered if anyone had registered recently who has any experience of reclaiming charges from a business account who could give some advice?

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I can't imagine that it is any different from claiming any other charges - except that you have to rely o Common law and UCTA 1977 - and not the 199 regs.

See the business version of the letter in the library

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I can't imagine that it is any different from claiming any other charges - except that you have to rely o Common law and UCTA 1977 - and not the 199 regs.

See the business version of the letter in the library

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thanks a lot for the template. How do you know the interest charged on the overdraft on the account, please?

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First Direct 1 - settled

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thanks a lot for the template. How do you know the interest charged on the overdraft on the account, please?

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Does anyone have the address of RBS Head Office in Manchester, Please?

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Does anyone have the address of RBS Head Office in Manchester, Please?

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  • 2 months later...

Hi. Hope you don't mind me asking but is it normal for a RBS manager to keep emailing you throughout the claim process, please?

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There are numerous names/addresses on the sticky so I wondered where I should send my court papers to?

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Hi Vix,

 

I was advised in the 'Scotland' forum to serve court papers on my branch manager - I didn't use their name, just put 'Branch Manager, My Branch Name RBS etc' and that was accepted no problem.

 

I have had no communication from my branch whatsoever, my communication has either been from HQ at Edinburgh's Gyle or team (I think set up to deal with this stuff) in London, but was still advised to put branch name at top. If you are in Scotland, I think you have to put a Scottish address anyway (not the London one).

 

Good luck - keep us posted!

 

meagainstrbs

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i actually named my manager at the local branch....i was recommended to do this by the clerk at the sherriff court

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Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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thanks for the advice. will send to my branch. good luck to you both.

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Deadline today for RBS.

 

As its a business account I know the laws are different. I wondered if anyone could give me advice on what to put on the moneyclaim form, please?

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Anyone........... please?

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Vix, you aren't being ignored. It's very busy around here. I personally haven't had much experience with the Moneyclaim, but will find out what I can.

 

I've put your threads together so they show your whole RBS story, and I'll have a good read through. Please keep to one thread for your claim.

 

Others may answer you sooner.

Back soon... :)

[

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have spent hours searching but no relevant posts found.

 

What needs to be put different on the moneyclaim form for a business account as opposed to a personal account. In FAQ it says that different laws need to be cited, but I can't find which are the relevant ones.

 

Can anyone help, please?

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Have drafted this for the form. Can anyone tell me if its correct? Thanks.

 

I have a contract with the defendant bank which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to the common law of contract. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977. In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year of £461.85 and also interest at the same rate up to the date of judgment or earlier payment. I have asked the bank to justify their charges but they have declined to do so

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If you are claiming in respect of a business account then you will not be able to cite The Unfair Terms in Consumer Contracts Regulations as these apply only to consumer contracts.

 

However there is nothing to stop you referring to the OFT finding which was that bank charges are unfair in that they clearly exceed the administrative costs of the bank. The OFT report does very clearly refer to the common law relating to penalty clauses and this is what you are mainly relying on in your claim

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Thanks Bankfodder

 

Have been searching OFT website for ages for the report but can't find any reference. Is it a report just concerning bank charges, and 2006 or 2005?

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First Direct 1 - settled

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Ok have found the report. It does make many references to 'common law' but then back to consumers. This being the case, should I refer to the report in general, rather than specific sections?

 

i.e.

 

I have a contract with the defendant bank which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges.

 

The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to the common law of contract. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977.

 

In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

 

Also the recent 2006 OFT report findings state that the charges clearly exceed the administrative costs of the bank contrary to common law.

 

Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year of £461.85 and also interest at the same rate up to the date of judgment or earlier payment plus all costs incurred.

 

I have asked the bank to justify their charges but they have declined to do so

 

Your opinion would be valued.

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First Direct 1 - settled

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RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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