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Bizarre.Moogle

Bizarre.Moogle Vs RBoS ** WON **

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The two interests are claimed at different times. You add the contractual on at the beginning - at prelim stage. The 8% is claimable if and only when you claim goes to court.

 

The reason for claiming contractual interest is the argument that if you had unarranged money off the bank (ie money you weren't entitled to) you would be charged (for example) 18% interest. Therefore, as they have had money off you they weren't entitled to you are going to charge them the same amount for having off them.

 

I would double check what the interest rate for unarranged borrowing is for RBS as the 29.8% you quote sounds more like a credit card rate (although I could be wrong - not too familiar with contractual interest as I've never used it).

 

The problem with using contractual interest is that the banks are more likely to put up a fight for it because, as you will probably have noticed, it does make a vast difference to your claim.

 

I believe that this sort of claim is much more likely to go to court and you also need to provide a very good argument as to why you should be entitled to the CI. Help for all this should however be available on the site somewhere.

 

I would suggest searching the successes forums for the word contractual and see what appears.

 

It is a decision that no one can make for you - it basically depends on how you want to play it. Would you rather an easy ride, more likely to settle earlier and are happy with the 700 quid or would you prefer a fight and are willing to go to court for the extra money.

 

HTH


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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This is what I got from the RBoS site:

 

Unarranged overdraft rates

 

On Royalties Premier/Royalties Gold/Royalties/Interest Paying Current Account and R21 current accounts, any amount overdrawn in excess of the arranged overdraft limit will be charged at a rate of 2.2% per month, which is equivalent to 29.84%

 

 

 

 

Like you say T4FF it does make a huge difference between claiming for the 8% and the 29.84% as in more or less doubling my claim.


RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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The two interests are claimed at different times. You add the contractual on at the beginning - at prelim stage. The 8% is claimable if and only when you claim goes to court.

 

FWIW, this might be wrong. Like I've said before Contractual Interest is not within my realm - yet. Having read a little lately, I think they are both claimed at court stage but you state in your prelim you will be claiming for contractual.

 

You need to do your research on this as I'm not familiar with it.


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Its ok T4FF, I'm going to go for the 8%. This way there is more info out there, and have better resources to hand.

 

So far with the charges they have placed on me works out at £798 in charges, £53.33 in debit interest.

 

Using the claim sheet, is showing that amount is £1025.40 as the 8% interest as todays date works out at £174.06 with daily rate of £0.19.


RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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Right, my prelim letter has been made. Will be dated for Monday 29th January and sent recorded delivery. Asking for the £798 in charges and £53.33 in debit interest, total amount £851.33.

 

Will keep you all posted :)


RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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All the best BM, im still awaiting statements or a list of charges so will also keep you all posted.

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Good Luck Bizarre, I am just a few days in front of you (bos)so will be interesting to see if we get the same responses


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Hey guys,

 

great news, I received the same letter from Joyce Tudor yesterday as I didn't have my account number, thankfully they finally acknowledged receipt of the letter and cheque once I phoned the bank 2 weeks after posting my S.A.R - (Subject Access Request) due to no contact. Anyway I just went up into the loft and luckiily digged out my closing statement with RBS dated 14th Jan 2003, ironically closed with a overdraft limit exceeded charge of £20. I thought I'd destroyed everything but thank god I kept that. Right, now that I have my account number, the reply letter which BM wrote up will be going out 1st class recorded tomorrow 1st thing. And I can't believe this Joyce Tudor asked if I could also send the branch name and sort-code when my account was held, Are they completely incompetent? These details were all on the SAR.

 

Will keep you posted hope y'all had a good weekend

 

Regards

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poza78, you mean the letter stating how I'm shocked that they couldn't find my details with out an account number, yet the branch was able to find?

 

Just received today anothe pack of statements. That makes 3 packs that I have received, all containing the same information. Its nice to see how RBoS likes to waste their money.

 

Posted off yesterday my prelim letter. Once received (after confirming on Royal Mail site) will give them 14 days from there to respond.

 

TTFN


RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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Moogle,

 

I used exactly that letter emphasizing their incompetence, I believe that letter from Ms Tudor is a stalling template for all who have destroyed all their RBS details. Anyway I hope that people who have received the same letter do read this thread because if I hadn't then I'd sure be stuck.

 

Cheers

 

Poza

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Thanks Poza :) Glad I was able to help out there.

 

At least been able to help one person now :D


RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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Checked with Royalmail and can see my Preliminary letter has been received.

 

So 14 days from now will be 14th Februay for them to offer me a full refund.

 

Hope this goes well, my next one will be against Barclaycard and been reading up on some threads and it looks like it'll be more of a hurdle than RBoS.


RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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Great stuff

 

Im still awaiting any replies from RBS but just settled with HSBC, they sent a letter offering all my charges less interest which was only £30 a day after I sent my LBA. I'll save the court action for RBS and Capital One.

 

All the best

 

Poza

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Hey BM, you've done better than me - still not got a response, even to a Letter Before Action regarding failure to supply information under Data Protection Act. So I've done an N1 (court form for claim) and OH is taking it into the local court tomorrow.

 

Shame it comes to this isn't it? But any court fees I have to pay are covered in the claim which basically asks for an order to be made by the court for them to supply my information, so I'll get the fees back and an arbitrary £57 which I added for time, letters and 'distress'.

 

If anyone wants the N1 details, just ask and I'll put it on my thread (and/or here).

 

Stay strong, y'all.


:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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Good luck Sweet, would like to know what happens. Also sent you a mail.


RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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8 more days to go and nothing in todays post...


RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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Its the waiting that's the hardest part isn't it? Soo frustrating!


:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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Todays the deadline for my Prelim and nothing from them in the post today. Going to draft my letter and then post off.


RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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Joyce E Tudor,

Retail Regulatory Risk,

Business House B,

P.O. Box 1000,

Edinburgh,

EH12 1HQ.

 

Your Ref: RBSxxxx

Sort Code: 16xxxx Account: xxxxxxxx

 

Date: 14th February 2007

 

 

LETTER BEFORE ACTION

 

 

 

[edited]


RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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Hi BM,

 

I still haven't received a reply from Joyce E Tudor requesting the statements after I'd supplied her with my account number on a copy of your reply letter. The 40 day deadline is 19 February 2006 - this coming monday.

 

Any ideas

 

Thanks

 

poza

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Best advise poza is wait till the deadline. Then file the LBA for non-disclosure to them. I think I was lucky with calling into my branch and speaking to the manager. As of this date, I do not know who sent those statements to me (and I received them 3 times). I know the branch will be one of them. Maybe your local branch will help you out too.


RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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Thanks Moogle, lba signed and will be sent recorded this morning

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Letter received today as follows:

Customer Relations Unit,

Retail Support,

The Forthstone,

56 South Gyle Crescent,

Edinburgh,

EH12 9LE.

 

Dear Bizarre.Moogle

 

Thank you for your letter dated 14th February 2007 regarding charges applied to your account.

 

We are currently considering your claim and will respond to you as soon as possible.

 

Yours sincerely

 

Sandy Watt

Customer Relations Unit


RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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Letter Deleted -- No Longer Going To Send


RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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Please can people have a look at my letter above that I will post out tomorrow and let me know if you feel it is good to go, or if I need to adjust in anyway.


RBoS

Settled At LBA £798

 

Barclaycard

Defence Filed, Waiting For Court Date

 

HSBC

LBA Sent 15-05-07, Still No Reply

 

Barclays

LBA Received 14-05-07, 2nd Holding Letter Sent To Me Stating Should Have Answer By 09-07-07

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