Need Some Advice Please.

[GuidoT]

Keep going girl.

[elsinore]

You know it makes sense!

 

Els

[RCR50]

Oh bless! Thank you!

 

Infact, I spoke to a lady today who is a small business manager for Barclays and I mentioned bank charges. I told her that I had started my claim for a closed business account but was very hesitant about starting the claim for my current account incase they closed it etc....

She told me to just go for it because apparently Barclays policy is not to close accounts because they do not want the publicity. Obviously she does not work for LTSB but just as Gary said she felt it would be highly unlikely indeed they would close it etc....So I am going to send that off next week as well. (I have not looked at any Barclays threads but she said they were mainly throwing offers at claimants for a portion of their claim).

I know that I am precious little help to anybody else here but I am very grateful that you are here to help (dramatics again Guido!). Thank you again. Best wishes to everybody.

[RCR50]

I would be really grateful if somebody could help and adivse me please.

 

I sent my LBA regarding my business account which was received by them on 19 March. Today, dated 21st March I received a reply....It basically says they are sorry to learn that I have cause to complain etc etc and they are carrying out enquiries and that I should receive a respose from them within the next 4 weeks - if they think there will be a delay in responding they will contact me to let me know when I should receive a response in full - and they have enclosed a copy of `voicing your concerns`..........Should I still go ahead legally when the 14 days has expired??

Also, I sent my prelim letter on my current a/c to them on 15th March - I sent this one to Gresham street (I sent the business a/c letters to Colmore Row) I sent it `signed for`and on tracking it, it would appear that it has not been received yet.......I feel that time is marching on and I do not want to send another prelim (this time I will send it to Colmore Row) shall I just send my LBA and attach it to the original prelim letter and figures etc.....I don`t see that it will make much difference to be honest - I do not want this to drag on forever.....

Many thanks indeed.....

[RedDeath]

Hey RCR50,

I've finally found your thread, its good to see that things are coming along.

The way I see it is you have two options with your business account. You could write to them after the 14 days are up and say that as they have not responded within the timelimits you have set (which you are perfectly entitled to set) that you see that as their final offer and will pursue things further in a court of law. Or, you could wait until the 4 weeks are up and this would buy you some extra time in getting your claim form properly sorted.

I sent LTSB a letter giving them a further 14 days after the LBA expired as I need some extra time to get my particulars of claim ready. I thought if anything it would make me look better in front of a judge.

I would send them a letter after 14 days saying that you are sorry that they were not able to respond withing the allocated time and grant them another 14 days so that the courts see that you are trying to resolve this amicably. I would stress in the 2nd letter that you are doing this to avoid the court process but if your complaint is not fully resolved you will go to court. Saying that LTSB will not settle anyway, if anything it just gives you a couple more brownie points.

If your prelim letter hasn't been delivered then I guess you will just have to send another one out and contact the royal mail regarding it. From experience thought it sometimes takes a while for the signed for details to appear on their website. But, if it hasn't been received you are just going to have to send another one.

Anyway, glad to see that you are getting on with things. I have subscribed to the thread so i'll be popping back. Good luck!

[photoman]

I would be really grateful if somebody could help and adivse me please.

 

I sent my LBA regarding my business account which was received by them on 19 March. Today, dated 21st March I received a reply....It basically says they are sorry to learn that I have cause to complain etc etc and they are carrying out enquiries and that I should receive a respose from them within the next 4 weeks - if they think there will be a delay in responding they will contact me to let me know when I should receive a response in full - and they have enclosed a copy of `voicing your concerns`..........Should I still go ahead legally when the 14 days has expired??

Also, I sent my prelim letter on my current a/c to them on 15th March - I sent this one to Gresham street (I sent the business a/c letters to Colmore Row) I sent it `signed for`and on tracking it, it would appear that it has not been received yet.......I feel that time is marching on and I do not want to send another prelim (this time I will send it to Colmore Row) shall I just send my LBA and attach it to the original prelim letter and figures etc.....I don`t see that it will make much difference to be honest - I do not want this to drag on forever.....

Many thanks indeed.....

 

Absolutely bog standard copy and paste fob off letter that they send to everyone.

I recieved the same letter , and still not heard back (surprise surprise)

They are just trying to buy time in the hope that some people will change their minds, or whatever.

You are setting the time frame here. Give them the 14 days you originally offered them, which should be ample time for such a large company to deal with. Then file your claim.

Regards the address business, very strange that you letter has not been signed for on tracking?

I would perhaps send copies, one to Gresham st and cc it to Colmore row.

Remember when you file N1, you use the Gresham st address.

all the best

[RCR50]

Thanks guys

 

I do apologise but I did not realise that anybody had replied for some strange reason and so posted for help elsewhere.

 

It seems the major opinion is to just disregard the letter and go ahead....I think now that you have said Photoman that you received the same letter I shall do that. Many thanks.

 

Reddeath hi,

 

Thank you for your help......I would agree that it seems only right to write again etc giving them a further 14 days - and somehow it seems only right to do things amicably etc etc......however, now that I know MBNA did the same thing to me and did not get back hoping that I would forget about the whole thing - which is what I shall do - I simply cannot be bothered for a couple of hundred pounds.....I can see this is a tactic to stall things....It does seem `not right` in principle to just disregard their letter (what if they actually ARE investigating it) and go ahead....a judge would look at every case individually and I am not complying to their wishes etc.

But it does seem that just going ahead and sticking to the 14 days that I told them is the right thing to do.......I hope your claim is coming along - I know that you stalled them - I must catch up when I have time - how are things with capital one?

Certainly I will give them another 14 days if I don`t get my court claim stuff together in time.......I don`t know where to start with that = I have not even thought about it as so busy lately.......Anyway, I am so glad you chaps are here......Thank you.

 

All the best

[RCR50]

PS

 

Photoman - I have no idea where your claim is at right now......but hope all is going well and good luck.

[photoman]

PS

 

Photoman - I have no idea where your claim is at right now......but hope all is going well and good luck.

 

Still here. Still reading and posting avidly on site. learning and gleaning more every day.

Just about to hit the N1 stage in a few days.

Thanks for your best wishes. Likewise returned.

Regards the concern about it not seeming reasonable to concede to the time they requested to sort out matters. If they had written back and asked for 4 years, would you feel obliged to give them that time just because they had asked for it? The time frames set in your prelom and LBA are pretty much accepted standard Business timeframes, and nobody could accuse you of being unreasonable.

[RedDeath]

Hi RCR,

I actually decided to give them an extra 14 days. I needed (still need) more time to get my poc sorted as I will be claiming 29.8% interest and possibly damages on top of that so I decided to give them more time.

It means that I get more time, and even though it will make no difference to their stand on the matter, it will make me look a little bit better in front of the judge as i have tried everything possible to enter into some sort of dialogue with them.

If you feel you want to give them an extra 14 days, so be it, not necessary though.

[RCR50]

Hi guys

 

Thanks for the good advice.....I have realised infact that the 14 days are up quite soon....I shall have a good read at the weekend and try to find out whether I can actually put my business a/c claim and current a/c one together (though kept separate - if that makes sense) and put them both under once claim - I figure that it would be cheaper and less messy - not sure whether I can - my business a/c is around 1600 and my current a/c around 3200 (I asked for 18.9% interest) so this is under 5k.......If I can, I think I shall write to them regarding the business a/c to give them another 14 days and at the same time post an LBA on my current a/c (and attach the prelim letter and figures to it - I sent the prelim after all and as far as they know, I do not know they did not receive it and the prelim letter is pointless anyway as they just send out a standard letter.....I shall send both to Colmore Row and also a duplicate of the current a/c one to Gresham street...This way, both will be dealt with on the same timescale if that makes sense.......

Photoman, good luck again - I am sure that things will come through for you - you seem as though you are not going to take any nonsense from them - I shall catch up with your thread at the weekend.

Reddeath - I am so rooting for you too......There is no way you are going to lose......and you are a brave man (getting all dramatic again!) - I am not sure whether photoman is going for 29.8% too......Oh, good luck to you both.

Thanks again...I would not have the courage to do this at all without you chaps.

All the best.

[mioliere]

Hi - thanks for the email. VERY interesting and informative! My husband and I went through the usual 14 day letter system - claiming from LloydsTSB - and received standard letters (not very well written and full of inaccuracies). Wrote again and received NO replies to second letters. Issued court summons which were served on 13th March. This week have received Acknowledgement of Service. We are making two claims - one business and one private; both are being defended by the bank. Will keep you informed. We are determined to keep going until we get OUR money back!

[photoman]

RCR50

I would advise that you keep your Business and Personal claims as seperate as possible !

They are seperate contracts, governed by quite different terms and conditions. (presume you know about the differences in legislation and law relating to Business and Personal accounts as I can't recall if you've visited and contributed to the Business claim thread we've started? If not then please do)

 

Do not complicate either of of your claims by trying to cut corners.

 

Mioliere

This advice applies to you too !!

 

Visit our Business claims thread if not already done so (link in my sig, or in my sig in earlier posts)

[RCR50]

Thanks Photoman

 

I will look at the thread - much appreciated....

[mioliere]

Thanks for the advice in your post to RCR50. I have indeed kept the business and private account claims separate because I assumed if I had put them both on one claim it would result in confused correspondence. In fact, they are each being dealt with by different offices of LloydsTSB and different solicitors. Whether I will get two different responses remains to be seen! However, I will fight to the end!

 

On another point, I don't know if you will be able to advise me - just over a year ago my mother withdrew £300 from her Nat West ATM current account. The bank branch had just closed when she got there so she had to use the ATM and, because she is not used to drawing large amounts in that way, she withdrew each £100 separately! She needed £500 altogether and, being unaware that there is a limit of £250 that can be withdrawn daily (which I confirmed last week with her bank) tried another two times to withdraw £100 each time. The on-screen instructions told her that no more could be withdrawn. However, it was not until she received her bank statement a couple of weeks later that she noticed that five ATM transactions had been taken from her account. She is absolutely adamant that she only received £300 and, of course, being on a limited income, she cannot afford to lose £200. She queried this at the branch and was told that Nat West do not maintain the machine but that they would contact the company that does and get back to her. Needless to say, this did not happen so she queried it again and again was promised that they would follow it up and contact her and, of course, no-one got back to her. She felt a bit outnumbered at the bank and felt she could not argue with the 'big boys' so she told herself that there was nothing she could do about it. I only found out by chance about three weeks ago and I'm furious that they did not even bother to keep in touch with her about it. She gave me her statement and I have written to her branch (a letter from her which she signed herself - I just typed it!) asking them to investigate the matter; so far she has heard nothing. Do you think we have a case ? Two mistakes have actually been made - one, that the machine allowed her to withdraw £300 when the limit is £250 and, two, that the machine recorded five withdrawals when it should have been three. I would be very grateful for your advice. Many thanks! keep up the good work!

[mioliere]

Go on - get them! It's YOUR money!

[photoman]

mioliere

I suggest you start new threads regards:

1/ your Business claim

2/ Your personal claim

3/ Your Mum's claim

 

Also looks like your new here, so suggest you have a read around too?

 

Here's a good starting point.

http://www.consumeractiongroup.c o....se-read-these/

 

You'll then find all the templates you need here:

 

http://www.consumeractiongroup.c o....lates-library/

 

You'll also find this very useful;

 

Can't Find What You're Looking For? Here's A Complete A-z Index

 

You'll then need to start your own thread.

 

 

HOW TO START YOUR OWN THREAD:

You get more specific advice to your own case, and be able to keep a track of how it's going by viewing just one thread instead of skirting around lots of threads trying to find your posts and answers.

 

1/ Go here.

http://www.consumeractiongroup.c o....group-against/

 

2/ Find your Bank, click on the bold blue name of Bank

 

3/ Go to the bit that says "Forum tools" and click on it.

 

4/ Click Subscribe to Forum. It will ask you how often you want to recieve updates ( daily I found is best)

 

5/ Then it will redirect you once you've subscribed.

 

6/ then click on "Forum tools" again, and choose "Post new thread"

 

7/ Give your thread a title eg: "yourname vs whatever bank", and then make a post.

 

8/ Then hopefully people will visit and post/subscribe etc.

[RedDeath]

Hey RCR,

Hope you are not stressing too much at the moment. Good news, Capital One offered me £1102.83 (I originally asked for £796 ha ha) now asking for £100 to cover costs. Nothing ventured nothing gained.

Anyway, we started our claims at the same time so I hope this gives you motivation to keep going for what is rightfully yours. Thanks for the click and good luck, not long to go now!!!

[RCR50]

Hey Reddeath

 

Very well done with capital one (I didn`t mean that to rhymme - typing very quickly cos keep getting cut off...also very late....soo busy for my sins.......well done - really pleased for you. Did you get any interest at all apart from the 8%???? now you just have to go for the big one.

 

I actually heard from MBNA after all - it was dated when they said they would reply.....I thought that perhaps it was just a couple of hundred - they added a list of my charges with their letter - and it added up to £800 but they said they had credited my account with a good will payment of 280 - it appears to be the charges minus £12 for each one if you know what I mean as they say £12 is approved by the OFT - I cannot be bothered to take it further to be honest - in their letter it says that if I do not comply to their rules etc they will have no alternative but to close my a/c - what I may do is write back saying that I accept the £12 thing but would like interest on the 280.....I am dashing off before I get cut off --- well done again....really pleased for you.

 

Moliere I hope you managed to sort things out for your mum - poor lady! and very very good luck with your claim

Photoman thanks for all the helpful info.

 

Take care all best wishes

[RedDeath]

Hey RCR it's getting harder all the time, can't even find a word to rhyme (lol).

 

Yes I had the same response from them at first, offering me £12 so please please stick to your guns, you are so close.

 

I am not sure what stage you are at. Capital One sent me the partial offer after my prelim letter, which I followed up with an ammended refusal of offer letter and letter before action. They wrote back confirming their offer of £12 (per charge).

 

Once the lba time was up I raised court proceedings and sent them a letter refusing their offer and informing them that I had raised court proceedings and gave them the date.

 

They replied back again and confirmed £12 payment offer.

 

This time I chose not to reply cause I had given them plenty of opportunities. One week later I got a letter offering me full payment.

 

So....STICK TO YOUR GUNS!!! You have done all the hard work now the ball is in their court. I looked at my capital one case as a tester case for my biggie, and yes it worked.

 

Also, in my letter to the courts I asked for interest (he he) and £100 for stress and anguish caused by it all together with £100 for admind costs.

 

A £800 claim thus turned into £1200.

 

DO NOT ACCEPT IT!!!!

 

God I could copy and paste that line in a hundred times. If you are unsure or need motivation feel free to pm me as much as you want, but really are nearly there and giving up now would be criminal.

 

Stick to your guns, this will give you the confidence for your biggie and the money, well, don't tell me you don't want an extra £500 or so pounds. You really have done all the hard work, please don't give up now!!!!!

[elsinore]

RCR, I have to echo everything Red has said with regard to your MBNA claim. That £800 is your money. You must see it through. By accepting their offer of £280 you are doing exactly what they want you to do. Take no notice of the rubbish about OFT approval. Their threat to close your account is nothing short of intimidatory.

 

You owe it to yourself to keep going until you succeed. These goddamned banks must not be allowed to get away with this sort of arrogant behaviour.

 

If you decide to press on and need some assistance with response letters, just say the word.

 

Els:)

[RedDeath]

Ha ha 2-1 you are now outnumbered!!!

 

Please, don't give in the them now. You have done the hard work, just please don't give up. I have read your threads, I know that you are uneasy about it but it really is your money! Don't let them get away with it, you are so so close.

 

These days I am on this site 2-3 times a day. I check it at lunchtime while at work, when I get home and before I go to bed (slightly obsessive compulisve about it) so if you are unsure just send me a pm and I will get back to you asap.

 

These really are bullyish tacticts, damage limitation. How they get away with it I don't know. Actually I do. They get away with it because people dont stand up to them.

 

WE ARE ALL BEHIND YOU 100%!!!!!

[photoman]

Just to add to the weight of opinions here:

 

 

DONT GIVE IN TO THEM !!!

 

Think of it maybe as the funds you wil need to continue with your other claims ?

[RedDeath]

Now that makes 3!

If I need to come and knock on your door and kick yer bum I will.

But I will be charging travelling costs and interst on top of it, and no, I will not settle for a third of it.

See...we really are all behind you.

Guess it will bring a smile to your face when you log on and read the support!!!

 

Edit: I am also charging you £15 per response as this is a true estimate of the time and resources I have to put into this to keep you motivated.

[mioliere]

RCR50 - many thanks for your message and support! We are still waiting for progress on my mum's problem with Nat West and also mine with Lloyds TSB but will message back with updates as soon as anything happens. Don't you just love these banks and their greed?! The thing that really annoys me is how determined they are to prevent giving you back money they have taken from you without your permission; I know someone who works in a bank and he said that the money - our money - they have in all the various accounts is permanently being invested. It is put on the stock exchange here in the UK, then, when that closes at the end of business, the money is invested in the next one that is open - say Japan or New York, so it is constantly making money. We should really be able to reclaim all the extra that it has earned, shouldn't we? Anyway, good luck with all your endeavours!