ML vs RBS

[Henrik#1]

I've posted this thread before, but cant find it anywhere.

 

Anyway, I posted my first leter with details of charges on 14th Nov. - reply received by the infamous Tommy Boy McLean. "we believe our charges are fair yada yada yada!".

 

LBA sent today - 28th Nov.

Will keep you posted!!!!

[Henrik#1]

Wee update. 4th Dec, LBA posted on 28th Nov. How long typically do they respond to LBA letters?

 

Thanks!

[niteflite01]

Mine took about a week I think although I think Tommy and Co are busy at the moment.

[Henrik#1]

LBA Deadline is getting close - Tuesday!

Keep you updated!

[Henrik#1]

just a point to add....I have submitted a total claim (aprrox £3500) for my two accounts. i have since read elsewhere tat you shouldn't submitt more than one claim? Will this be a problem?

 

Also, what is the probability of them closing your account after payment has been made following a succesful claim?

[Solowka]

i submitted 2 claims with the same bank, both combined so in effect it was one cliam, it shouldnt be a problem as they paid up in the end as for them closing the account, mine wasnt altho it is now inactive cos i changed accounts hehe

[Henrik#1]

tomorrow is deadline day.....any recommendations of what to do if no response?? MCOL form etc.

 

Thanks.

[Henrik#1]

well, nothing in the post. anyone think i shoudl wait another day or so or just go straight into submitting MCOL form?

[Henrik#1]

Anyone?

[Solowka]

if the 14 day deadline is up and no response from the banks, then it is time to submit the court forms, personally i`d submit N1 form via your local county court, but thats just my 2 pennies worth, altho there is nowt wrong with MCOL, i just prefer the paper version.

 

Good luck and let us know what happens

[Henrik#1]

Thanks!

Off to local court then! I will download the N1 form and fill it out.

 

Quick question....I'm claiming total £3573.95, so now i add 8% interest, so means total claim now - £3859,87. Should I add that into my schedule of charges total or do I need to show seperate 8% for each charge?

[Solowka]

you need to show the interest on each charge before yo submit it to the courts, there`s a very good interest calculater you can use

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

all you need to do is just fill in the blanks basically and the spreedsheet does the rest

[Henrik#1]

ta.....btw, i'm email mr mclean this afternoon to inform him 14days have passed! Will let you know of any response!

[Henrik#1]

email sent!

 

Mr McLean,

On 27th November, I sent a letter to yourself expressing my displeasure at your response to my request for refund of bank charges. Detailed within this letter (attached) I expressed to you that I had set a deadline of 14 Calendar days in which to respond to me. The 14 days have expired today and I have received no response to my letter.

Due to the Royal Bank of Scotland’s failure to comply, I am now processing my claim via the local district court at East Kilbride Civic Centre. I will be submitting the relevant forms and schedule of charges this afternoon. Now I will also be claiming 8% contractual interest on top of my initial claim and all costs incurred during this claim.

For your reference, see attached details of all charges against my two accounts.

I will gladly accept FULL payment of my claim to date by return to prevent RBS with MORE court action, but rest assured, I am pursuing this avenue unless my full amount is refunded before the court date.

To Summarise:

Premier Account:

Total Penalties - £2438.95

Total Interest - £456.29

Total Claim via Court – £2895.24

Gold Deposit:

Total Penalties - £1135.00

Total Interest - £172.19

Total Claim via Court – £1307.19

Total Claim - £3,573.95

Total Claim via Court - £4202.43

Look forward to your positive response.

Regards,

[Henrik#1]

response!

Dear Mr Lochrin,

 

Thanks for letting me know your intentions. We wouldn't be able to respond

to you with a decision for a little while yet. We consider claims of a size

such as yours carefully and we have a large number on the go at the moment.

That being the case, you are probably right to progress matters through the

courts.

 

I am sorry we were not able to reach agreement quickly enough.

[Henrik#1]

Well, despite other emails from Mr T where he asked me to give them a little longer, I'm process with court proceedings.

 

Can anyone tell me in regards to interest, do you claim 8% interest per day + 8% APR now?

As below:

Total Charges - £3,573.95

Daily interest @ 8% - £628.48

8% APR of total charges- £285.92

Total Claim - £4488.35

 

Is this correct? Thanks for help!!

[Henrik#1]

sorry one more thing.....who file claim via court against? your branch or Tommy McLean? I dont know the branch manager's name, so ok to just put Bank Manager down?

[Henrik#1]

bumpity bump! Any helpers out there on above two posts?

[HydraUK]

I used the branch...it says in Court Guidance notes for N1 to use the registered address or a business address that '....has a real, or the most, connection with the claim.'

[Henrik#1]

Thanks!

For Scotland it is slightly different. it asks for name and address of person of whom claim is against.....so maybe technically just need to put RBS and branch address.

 

Do you have any idea about the interest to claim? 8% daily interest + 8% APR or just one or the other?

[HydraUK]

In England interest applied under section 69 of the county courts act is at 8% APR, but then you give the court a daily interest figure (same 8% rate), the wording is suggested in form N1A...

 

The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% per year from [date of first offence claimed] to [date of claim issue] of £xxxx and also interest at the same rate up to the date of judgement orearlier repayment at a daily rate of £xxx

 

Daily rate is calculated by multiplying amount of your claim by 0.00022.

 

I'm sorry if this is misleading as far as the Scottish situation of which I have no knowledge.