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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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lucyec v RBS


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Guest willowb

Doesn't it just honey.....I'm so sorry that happened to you but hold tight! what else can you do? Good luck me dear.......chin up you can do it!;)

 

Wxx

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Wise words!

 

Lucy,

 

I would try the tactic but I wouldn't hold your breath! If you are going for £5k in charges that is what you pay for, not the added interest and costs etc, they get lumped on by the Court once you win!! Have a think over a glass of wine this weekend, if you can hold out, go for the full amount, it is worth it in the end. You could still send the offer to Big Tommy and wait for a reply for a couple of weeks or press go on the MCOL and wait a little longer. Try to detach your emotional state post-crash from the fact that you want (and deserve) your money back, if you are claiming £5k and 'only' have a £2k OD then you'll be laughing, most of us end up just clearing our ODs.

 

Think about it over the weekend, MCOL close Sat/Sun anyway so you're not wasting time.

 

Mange tout!

 

BC:cool:

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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My banks advice has always been if I don't have enough money to cover the cheque/DD/whatever then I shouldn't be 'spending' the money. To recover my charges would be the boost I need to get myself back on track financially, just to be in credit for the first time in 7 years would be a good start. I don't want to increase my overdraft, sort term or long term, because I'll never be able to pay it back and will just end up getting into more debt.

 

Lucy your situation is quite similar to mine and i have to agree with you. The RBOS have been anyhitng but sympathetic!!!

 

I hope you get out of the current squeeze enough to keep on top of this!!!!!

 

Gav

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

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Thank you everyone - I really appreciate all the support, it's good to have so many people on my side. For a long time it's felt like a lonely battle against the 'big guys' but I'm so glad to have been welcomed onto this site and have everyone supporting each other.

 

So, I've come to a decision. I am going to send this letter today:

 

6 October 2006

 

Mr T McLean

Customer Relations Unit

Retail Support

The Forthstone

56 South Gyle Crescent

Edinburgh

EH12 9LE

 

Dear Mr McLean

 

Re: Account xxxxxxxxx Sort Code: xx-xx-xx

 

Thank you for your letter of 3 October 2006 which I received yesterday.

 

I would like to accept your offer of settlement at the sum of £3705.00 on the condition that my current overdraft is written off. This stands at £1905.35DR as of the date of this letter. This would mean a total of £5610.35 being credited to my account as full and final settlement. As I am reclaiming a total of £5649.50 in charges (see enclosed schedule), I feel this agreement would be more than fair.

 

I look forward to £5610.35 being credited to my account in the next seven days. If this amount is not credited to my account on or before 13 October 2006, I shall begin court proceedings for the full amount including interest of £6272.76 plus costs.

 

I trust this clarifies my position and look forward to hearing from you soon.

 

Yours sincerely,

 

 

So if I don't have a response from that (which I won't be holding my breath for) I will go ahead with the MCOL. The insurance have already made me an offer for the car so with a bit of luck I will have received my insurance money from them by then and I can use some of that to fund the claim.

 

Does that make sense? What does everyone think?

 

EDIT: I just had a thought - surely this would be a win-win situation for the bank, because even though they'd be 'paying' me £5610.35, I'd be using £2k to pay off my overdraft (effectvely a loan from RBS) leaving me with the rest. So they'd be getting their money back too, so to speak.

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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I think thats a reasonable letter and offer on your part. They get away without having to fork out the 8% interest and you get what you want.

 

At the end of day Lucy, only you can decide whats right for you and your circumstances. Its all well and good chasing them for every single penny but in some cases it may be just as accaptable to take what is offered and walk away with peace of mind knowing that your curent situation has been eased and that you have gained a moral victory.

 

Whatever you decide will be the right choice for you..........and at the end of the day thats what matters.

 

Gav

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

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Thanks Gav, yes I think I'm being reasonable. I've sent the letter now, and e-mailed it as well. Fingers crossed he sees it as the easy way out so to speak. If not, then I've bought myself more time to think about raising the money for the MCOL.

 

I have the weekend to think about it as BC says... and a very long lunch with the girls planned for tomorrow with copious amounts of wine to cheer us all up. :D

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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LOL.........quite right.

 

Have a good weekend.........you defo deserve it!!! :D

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

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hi lucyec,justr to let u know i won. 4k in cheque and 2k to pay off od. rang tommy and he agreed to it. me and the 5 kids gonna have a great xmas. glad your happy with your outcome as well susanne

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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hey lucyec, just read thru your threads from start to today, and I gotta tell you, its given me the courage to go for my money. Was just a bit scared as fallen behind with loan payments and didnt know what would happen if I did try anything. But you only get one chance of living and don't want the banks profiting from my hard earned cash. So thanks again

 

Vlad

XXX

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That's great news Susanne - I'm really pleased for you, I bet you and the kids are really looking forward to Christmas now :) I haven't really had a definite outcome as such. I e-mailed Tommy McL on Friday with my proposal, so I'm waiting to see if he'll go for the settlement.... fingers crossed! It'd save both parties a lot of time, money and hassle in the long run.

 

Vlad, I'm glad I've helped give you the courage to fight! This site has been a huge help to me and you'll soon find that everyone is so supportive to each other, through good times and bad. Go for it!

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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Hi Lucy

 

I am new to also this, but I have just sent off my letter to Rbos to claim back all my charges, I am 25 now and still paying off the student overdraft from the student account I got when I was 18! It is basically just charges I am paying back now and I've had enough! I got another bank account with the Halifax, so just go for it!

 

good luck!

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Congrats Suzanne, what a result.

 

Lucy, keep in touch, as soon as you get something from Tommy. I have got everything crossed for you!

 

BC:cool:

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Thanks BC,

 

I haven't heard anything as yet, but keep checking my account to see if there's any rather large credits! I don't know whether to call to check he got my e-mail/ letter like Susanne did, or just leave it til the end of the week... not sure I'd have the guts tbh!! Susanne is a better woman than I!

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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not better but my hubby says bigger balls. just kept my tone polite but firm. when he offered first amount at just 4k i said and i quote "sorry mr mclean but i'm not willing to accept that as you see my position is i am 2k overdrawn with yourselves and no access to the account. BUT (and it's a big but with everything crossed as i asked). if you would write off the od then i think we have a deal" then he said and i quote again "ok" "as i said i'm willing to negotiate" end of conversation and ta very much.

  • Confused 1

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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Lucy,

 

sit yourself down and have a word. You've got this far, so long as you stay calm, firm and polite you can do anything. Just make sure you know what you want. Work out what you are owed, what you want to start off requesting and what you will accept as a compromise. Whatever happens, don't get angry just keep to your position and if you don't get resolution end the conversation with, "Well, it's a shame we haven't reached an acceptable compromise, I'm afraid I'm going to have to carry on and take this to the Court." It's not an empty threat, but it may loosen his bowels a little more...

 

BC:cool:

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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Right... ok then both. I will have a word with myself BC! Thing is, I'm in work and don't want to have that conversation in front of the whole office particularly. So it's going to have to wait til lunch time and I'll go out and sit in the (hire) car... assuming Mr T doesn't have his lunch the same time as me! If I write down the points I want to say and the amount I'll settle for I should be fine shouldn't I? Now all I need is the all important phone number......Susanne?!!

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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hi honey number is 01315235116. as said before try to keep your voice calm but firm. do you have kids???? if so think of how you would answer them if they keopt asking for things unless he agrees to you its a very firm no and try to put your points across as well in the conversation. good luck everything crossed for you susanne

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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Thanks Susanne, yes I have a daughter so I'll bear that in mind. Right then, I'm going to write everything down ready now (no, I don't have any actual work to do!)

 

Also, thought people might be interested in this, I saw on the front page of Metro which they stick in our canteen every day. The link on their website isn't working, so I've written it out:

 

BANK DROVE OUR SON TO SUICIDE

 

A student hanged himself after being hounded for months by his bank over a £1200 debt, an inquest heard yesterday.

 

Geraint Banks-Wilkinson was left penniless after handing over his entire student loan to the HSBC to pay off the money, it was claimed. Geraint’s 52-year-old prison guard father, Geoffrey, answered the phone and told the bank: ‘You have pestered him for months and now you have driven him to his death.’

 

After a meeting at the bank, the computer student broke down sobbing, telling his mother: ‘They can’t help me, they can’t do anything for me.’ The next day – 2 weeks before his 21st birthday – he hanged himself in the bathroom of his flat. In a final twist, the bank called again about the debt on the day he died, his family claimed.

 

Geraint struggled to make ends meet after starting his second year at Swansea Institute in October 2005, the inquest heard. He worked part time in McDonald’s restaurant but was still short of money. HSBC allegedly called him every day for a month about his debt.

 

In January, Geraint gave the bank his student loan to pay off his debt – but staff said they would not give him an overdraft to cover his living expenses.

 

His mother Marian, 46, a call centre worker for another bank, said: ‘He sat in the car, put his head in his hands and sobbed’.

 

Swansea coroner Philip Rogers recorded a verdict of suicide. The bank said: ‘We have not had an opportunity to review the coroner’s findings and cannot comment. We make every effort to reach customers the moment we begin to see signs of financial difficulty.’

I wonder how much of that was made up of charges.

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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Good Luck Lucy xxxx

 

Just keep calm, easier said than done I know and if you feel uncomfortable at any time just end the conversation as Col says.

 

 

Stacy xxx

NatWest - Settled in full 22/05/06

 

RBS- Prelim sent 9/05/06 £1,147

£500 offer 27/05/06, rejected 30/05/06

LBA sent 25/05/06 :razz:

MCOL 15/06/06

Defence received 20/07/06

Settled in full 01/09/06 wahey!!!!!!!!!

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Cheers Stacey :)

 

Well, flippin' psyched myself up and he was at lunch!! B*gger! I've left a message for him to call me back, so will wait and see if he does. If I don't hear anything by about 2.30 I think I'll ring him back again.

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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Bon oeuf!

 

Exactly right attitude, call him and he's on the back foot too!!

 

BC:cool:

 

Stike Hard, Strike Sure!!

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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YAAAAAAYYYYYYYY!!!!!!!!!!!!!!

 

Need I say more?!!!

 

Mr T just called me back now... lovely man.... said they'd put a letter in the post to me yesterday meeting my claim in full :D :D :D :D :D

 

Can I just say a huuuuuuuuge THANK YOU to everyone for supporting me. I'm so glad I didn't even have to make a court claim.

 

Somebody get the bubbly out... this is the best feeling in the world:razz:

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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I didn't even have to say anything - the message I left was to say I was just checking if he'd got my e-mail. He rang me back and basically said 'yes I got your e-mail and we sent a letter out yesterday to you. It might have missed the post so you may not get it 'til tomorrow. But it's basically saying we're meeting your claim in full, so if you just sign and return the form we'll sort it all out from there'. I didn't have to say much. I just said thank you very much for getting back to me and that was it! I'm soooo excited, I want to scream out loud that I've won, but I haven't told anyone in my office what I've been doing, so I can't!!

 

Thank you so much Susanne, you were one of a few who really gave me the confidence I needed :)

~

:p I'm a lover, not a fighter... well, most of the time :razz: ~

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Well done. I'm delighted for you. I am also encouraged to see that more and more people seem to be getting resolution with RBS at an earlier stage. Heres hoping;)

 

ps.....have you stopped grinning yet??

 

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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