Progenic V's RBS Advanta

[humbleman]

I feel it perfectly ligitimate to charge for my time and postage ect, as im chasing a debt due to their own unlawfulness and therefore casue of action is down to them. In the unlikely event they offer to pay before court i may concede on the costs issue, but will certainly pursue it in court.

what are your thoughts on that ?

 

100% behind you on this.

[progenic7]

heres a copy of the LBA thats going in the post first thing in the morning i have tried to make it fairly quick and to the point (though you know what im like when i get going with the letter writing)

im sure cobbetts will be down the line waiting in the wings when i file the N1 (which im going to love...out of all the solicitors i WANT Cobbetts badly )

anyways here it is

 

Johnny

 

FINAL LETTER BEFORE COURT ACTION.

Dear Sir/Madame

I make reference to the letter sent to you dated 11.3.2007 in which I “put my case” to you regarding unlawful account charges and fees. In said letter I gave you fourteen days in which to respond to my request, though unfortunately you have totally ignored this request. In the circumstances even though I feel I have given you ample notice of my intentions, I make a last offer of reasonableness.

I will not put the case to you again as I have already done this in great detail, and feel it would only be counter productive at this stage to do so again. However I do enclose a copy of my previous letter for the avoidance of any doubt.

I do however urge you to read and reconsider my letter of 11.3.2007 and at least show the common courtesy to acknowledge such a request.

As you will see and remember from my previous letter I advance that your regime of fee charging on my account is unlawful, unreasonable, and against several statutes. I feel I have stated my reasons very clearly and in great detail, and I stand by my thoughts on the subject. Further I aver that my case is very large in detail due to my extensive research on the subject, I feel I have a very strong case for my averments. Further to that I have researched this subject in so much detail I have noticed that not one single bank has actually defended a bank fee case in court, instead wishing to settle out of court.

I am very open to a settlement out of court, as I am very reasonable and do not wish to waste the courts time. Clearly any averments from yourself that you will defend these claims in court are obviously flawed by the fact you have not done so up to today’s date.

Further to the above I now ask that you respond by return of post with a formal acknowledgment, stating your intentions and notions on this matter.

If after fourteen (14) days from receipt of this letter you still have failed to respond, or respond negatively then I shall commence a county court claim against you pursuant to said fees.

If you force me to begin a civil court action against you, I will be claiming for damages and the court fees due to your unreasonable behaviour.

Therefore I ask you to avail yourself to this offer and show to me that you can be reasonable and more importantly show me your “fees” do actually reflect your actual costs incurred (liquidated damages). I feel this is a very simple request that any average business, could and indeed would do in a matter of days.

In light of the recent BBC television programme “Whistleblower” it now seems even more certain that the vast majority of financial institutions are concealing the true costs of these penalty charges. A worker in Yorkshire bank made it abundantly clear that it is very easy to assess the true costs involved in these charges, and indeed Yorkshire bank has its own department for assessing and auditing every process involved in bank transactions. I find it very unlikely that Yorkshire bank is unique in this respect, as the true costs have already been mentions by many of the banks already.

Further to the above another BBC television programme “the money programme” the same averments were made by several financial experts, who collectively used their knowledge and experience to assess these costs. These experts came to the conclusion (as in “whistleblower”) that an unpaid item, unauthorized overdraft ect could not possibly cost any more than £2, and that’s a worst case scenario situation. Put into real terms then, the approximate interest accrued on such activities is in the region of 1600 – 2000% mark up, clearly this is a blatant penal penalty. I feel it is time to make a test case not just for myself but for every consumer in England in a similar position as myself. I have every confidence in my own averments and every confidence in the civil court system, I feel it is time a judge had chance to make a judgement on this matter. I have noted that still, up to today’s date not one single bank, or credit card company, has actually stood up in court and advanced these costs, perhaps we can change this injustice.

I will certainly make the assumption that you are concealing your “costs” and you are acting unlawfully if you do not advance your actual “costs incurred” with a breakdown of figures. I feel there would be no reasonable reason not to show these costs, and only a guilty, unlawful business would contemplate hiding them.

I calculate that, as at today’s date, you have taken a total of £553.33p in excessive penalty fees interest on these charges. In addition, I also claim Contractual Interest (compounded) under the principle of mutuality, equity and reciprocity in our contract, as contract terms are binding on both parties. The unauthorised rate of borrowing is 1.385% monthly, therefore this rate is added to the above amounts (from date of penalty fee) and the breakdown is shown in the enclosed schedule, and the interest accruing at £0.11p per day.

For the avoidance of all doubt.

 

I am also seeking to cover my actual costs incurred in terms of time, postage fees, SAR fee and stationary fee’s ect, as clearly this is only fair.

TOTAL Penalty fee + interest = £ 553.33p (rising at £0.11p per day)

Costs:

Time taken in internet and book research, letter writing, spreadsheet and legal preparation ECT @ £9.25 per hour x 36 hours to date = £ 333

Postage costs to date £ 10

Stationary costs to date £ 20

SAR Fee £ 10

TOTAL AMOUNT REQUESTED IN SETTLEMENT: £ 926.33p TO TODAYS DATE ACCRUING INTEREST @ £0.11p PER DAY

I will only accept payment by means of a cheque made payable to me progenic7, any other form of payment will be disregarded and the claim will continue pursuant to the fees incurred. My legal case is already prepared in anticipation that you will only ignore this letter once again, however I make this final plea in the hope that I may be wrong.

I expect a response and indeed payment no later than the close of business on 13.4.07. If I do not receive a response by that date on 14.4.07 a N1 county court claim form will be presented to Worksop County Court, where I will vehemently be defending my claim of unlawfulness against yourselves.

Yours Faithfully

 

progenic7

[progenic7]

received an offer today from rbs, the offer was in full and final settlement ofcourse and it was £54.03p, they claim they have worked that out from the difference between what they charged me and what the OFT has declared is lawful to charge (i think they need a talking to on the subject of what the OFT do and do not think), which they declare is all of £54

 

lol.....yeah right

 

 

duly replied and informed them that litigation is clearly now the only way forward and their offer was laughable and wholly declined.

 

BTW they specified the payment would be made directly into my account, which is against what i asked, i also asked for the account to be closed 4 weeks ago.

 

and these people have control of our money......