dtollan vs RBOS

[bill-k]

Hi Bill,

 

I can't seem to get the link to work...i am using firefox and it wont open......i also tried internet explorer...no luck with that either.

 

If you'd be good enough to retry I'll give it another bash...or...i could PM you my e-mail addy and you could send it that way.......

 

let me know what you thinks best.

 

cheers

 

By all means PM me, mate. The file-share link has worked, but is a bit new for me. You might need to temporarily disable your pop-up filter for it (yellow warning box near top of screen) It's an attempt to cater for those who understandably don't want to give a gorilla their e-addy !! I'll send as an attachment.

[dtollan]

Bill, Many thanks for the e-mail...that worked this time and i have the spreadsheets.

 

Will follow your instructions and try and fill em in tomorrow, once i'm released from work!!.

 

will let you know how it goes...unless the interest amount goes down...then i'll keep shtoom;)

 

thanks again.

[bill-k]

Good, DT. post up a sample line when you're ready, and I'll check it for you.

[dtollan]

Hi Bill,

 

Have just finished inputting my figures into your spreadys..my claim has leapt upwards!!:o...was hoping to e-mail you the spready and see what you think....if you have the time?

 

Didn't want to just e-mail it to you without notice.

 

cheers

[bill-k]

Hi Bill,

 

Have just finished inputting my figures into your spreadys..my claim has leapt upwards!!:o...was hoping to e-mail you the spready and see what you think....if you have the time?

 

Didn't want to just e-mail it to you without notice.

 

cheers

That's fine mate, go ahead. Thanks for asking first !

[dtollan]

Hi Bill,

 

Thanks for looking over that spreadsheet, much appreciated.

 

With regards to whether some of the amounts are charges or not.....I think your referring to the ones that are £10.00 and £10.17?.....These are referred to on my statements as CHG TO 20 FEB and CHG TO 03 APR.....and they also included £5 extra for Royalties fees, so I took £5 off the original amounts and inserted the rest. I think that should pass as admissable. What do you think? Also the letter they sent me back offered me the full amount of charges including those ones....so if they're willing to repay it now without interest then they must be charges?

 

Also should I delete columns H-P on the spready completely as I don't need them......or just print out the necessary columns for sending to the bank/court etc.

 

cheers.

[bill-k]

That's good, then DT. They've already agreed they're refundable, so go with that - well done, mate.

 

I'd suggest you just print out the relevant columns A to E. If you delete any columns, it affects some of the totals in columns A to F. I'll try and sort that out in a later version of the spready.

 

If you claim lower rates in the alternative (when/if it comes to sending in a claim to court), then you will need to print columns A to G to cover these rates.

[dtollan]

Ok, having already been offered £1714, should I forget that i ever made that claim and start from scratch?......along with writing a seperate letter rejecting the offer?...or accept it as part payment towards new total (from Bills spready).

 

I cant help but think that it'd be easier to reject the offer outright and send a new prelim letter for new amount. What position does that put me in when it comes to filing court papers? The courts could interperate that as me being difficult etc...(if you know what I mean).

 

cheers

[bill-k]

Not at all, DT. Drop the claim as it is, and tell the bank that, because of all the time this has taken, you have had the opportunity of taking further advice on this, and are now submitting a new claim for (max rate ?) penalties plus Compound interest. You haven't involved the court in this, yet, so the villains of this piece are the bank, for not paying your original and smaller claim.

 

You have been more than reasonable !!!

[dtollan]

cheers once again Bill, sounds like a plan......prelim letter in the post tomorrow.

[dtollan]

Hi again,

 

I added this paragraph to the start of my new inproved prelim letter

 

Due to your unsatisfactory response to my previous letter and the time taken to resolve this issue, I have had the opportunity to take further advice on the matter. As a result, I hereby reject your previous offer of £1714.00 as settlement of my complaint.

and also included my new claim as follows.

 

 

What I require

I calculate that you have taken £1,714.17, I add to this, compound interest of £1502.41. Total £3216.58 I enclose a schedule of the charges which I am claiming with this letter.

 

Is this sufficient to now continue with new claim......not sent it yet so feel free to edit as appropriate.

 

 

 

cheers

[bill-k]

That oughtta do it, mate !! I would suggest just a minor alteration - change "my complain" to "my claim, which I have now revised." in para. 1

 

Not important, though, so go with what you feel.

 

Well done.

[dtollan]

Thanks Bill, a second opinion is ALWAYS reassuring regardless how trivial my questions are..

 

I will change complaint to claim..makes a bit more sense.

 

cheers

[dtollan]

Got a letter back from RBOS....."we are looking into your request and will get back in due course...."..

 

4 days and counting........

[bill-k]

Got a letter back from RBOS....."we are looking into your request and will get back in due course...."..

 

4 days and counting........

Yeah, that's it - stick to your clock, mate.

[dtollan]

Hi,

 

Just penning my LBA....whilst printing out my schedule of charges I realised that obviously, its updated itself to todays date. Should I point this out in my LBA.....i have written a piece into my LBA saying:

 

"Due to the length of time being taken to resolve this issue may I point out that interest is accruing daily on each charge, my summary of charges has therefore been updated to take this into account."

 

is this the right thing to do?...or should i just amend my amounts in the LBA and say no more?

 

your thoughts?

 

cheers

 

found this story too, quite worrying....yet funny too. can she claim all those other peoples charges too? BBC NEWS | Scotland | North East/N Isles | Woman gets 75,000 bank statements

[bill-k]

Yes, DT, the interest continues to accrue daily until the claim is settled, so by all means remind them of that, and send them the updated schedule with the LBA.

[dtollan]

hi Bill hope you can help here.

 

I just discovered the chatroom in here and after some discussion i have been advised to accept the offer of all my charges minus interest. This being on the reason that as the bank have offered all my money I cannot proceed to court just to claim interest. Whats your thought on all this?

 

Also i have a nationwide claim ongoing and haven't had any replies at all from them other than a big eff off......in the chatroom they are advising against contractual rate because judges are now dismissing these cases. again what do you think? should i proceed with this on statutory interest rate or keep going contractual?.....this has really bruised any confidence i had.

 

having followed what i was doing from the start i'd really appreciate your thoughts

 

cheers.

[katesage]

Hiya DT

 

Have a read of this, it may help:)

 

 

http://www.consumeractiongroup.co.uk/forum/general/63596-contractual-interest-judge-doesent.html#post540033

[Guest willowb]

I would be a bit cautious if it's fast track, but that's just me.

 

Wxxx

[dtollan]

Thanks all for the replies.

 

I have read through the thread kate posted and it is very useful. I am not overly concerned about claiming contractual interest.....i just feel that i am owed a bit more than just my basic charges back. If i had this money all this time then I would have earned interest on it and not the bank.

 

The situation so far is......that i wrote a prelim with contractual interest....the bank replied to this with an offer of 100% charges refund but no interest....my calculations were slightly wrong on the interest side so i decided not to pursue this claim and rejected their offer along with putting a new prelim letter in. The reply to this new prelim letter was that they were looking into my complaint etc etc and would get back to me.......they didnt so i wrote my lba.......therefore in essence they havent offered me a refund at all for this complaint. I have had e-mail contact with tommy mclean and he has said all along that he is willing to refund my charges minus interest. not sure if e-mails are admissable in court?

 

Am i able on these grounds to continue to court and ask for either unauth-cont-int, auth-cont-int. or 8% and let a judge decide whats the correct rate. I understand that a judge may decide to throw my case out as I have been offered all charges and then i may be in trouble with costs etc.

 

willowb, i dont know if it would be fast track or not....the full amount is 3300 or thereabouts and i havent even filed a claim with the court yet....my lba deadline was up on monday and im dithering now.

 

All input is valued and i appreciate everyones thoughts. I seem to be veering towards accepting the banks offer of all charges minus interest simply because my confidence is low after this afternoon.

 

cheers

[dtollan]

i sent a new prelim....with a section added explaining that due to the time being taken to reslove my complaint I'd had time to take further advise and was revising the amount i was claiming, and as a result i was rejecting their offer.

 

i feel even though i did this, i'm still on dodgy ground as they still offered me the amount of the charges.

[Guest willowb]

Oh dear! I asked Bill to help the OP as he had decided to claim contractual interest, Bill knows his stuff in that department and he kindly obliged.....I don't think that there was any need for this.

 

You should be cautious about any advice given here, or in the chat room, this isn't a game! If in doubt seek professional advice. Over time you get to trust people and Karn and Bill are two people I trust and they have both given sound advice IMO.

 

Again, IMO I would take the offer! but at the end of the day, it's up to you. I wish you luck whatever you decide!

 

Wxxx

[jonni2bad]

The only point that needs to rammed home here is that the OP (dtollen) had expressed the fact that the bank offered to refund the charges in their entirety.

 

This should have stuck out like a sore thumb to anyone reading the thread from that point onwards. It does not seem to have been highlighted until Karnevil's post.

 

Let's concentrate on the only thing that really does matter for the OP please - the claim was accepted by the bank who offered a full refund. They are under no obligation whatsoever to offer interest at either 8%, 18% or any percent.

 

The claim you make is for the refund of charges taken unlawfully.

 

dtollen - you need to address this issue now. Make sure that the bank are still happy to pay the amount of charges and then accept it. If they decline to do so now, put your request in writing and explain that there was simply a confusion about the sums being mentioned and you are willing to avoid court action if they will now revert to their original position.

 

Other misunderstandings will not help the OP and should be be kept off this thread.

[bill-k]

Well, there's me put in me place then. I'll apologise for the third time, for not being in error, and for being told I was. You have a choice here, then DT. You either do what Karn tells you or you do what Karn tells you. That's certainly cleared up your confusion, hasn't it ?

 

You're clearly in good hands here, and I wish you every success with your claim, my friend.