Please help for an old lady

[chezt]

Thanks sarah, I do appreciate all your help.

So Bill, soon it will be

'Another one bites the dust' and Dotty will be able to afford to go to

'Barcelona' and I'm now getting into this so...

'Don't stop me now'

 

LOL you guys !!!

 

Here's a couple of singalongs for THEM :-

 

Dotties' Rhapsody.

 

 

 

BTW ...A4 Deffo Ain't Big enough ... u want wanna them huge ones like they have on children in need etc ... !

[Guest willowb]

RBS have usually been pretty good at sending statements, I've never had a problem with the 3 account statements I've SAR'ed so hopefully you'll have them in a week or two. It's Abbey who are absolutely foul at time wasting, as far as I can see they're the worst!

 

Wxxx

[Destinyofsouls]

Got the statements today, just entering on s/sheet. In July 04 alone they charged her £460.00!!!!

From 16.1.01 to end of july 04 the charges are £2698.00, Plus the £3,000 odd for 05-06.

Absolutley disgraceful!

Dotty's going to have a well good time when she gets this back!!

[Destinyofsouls]

£1002.00 In January 06!!!

IN CHARGES ALONE

[Destinyofsouls]

£6,000 + £457.70 interest.

1 question though- nothing has been paid into the account since Jan 06, the interest that has accumulated since then is £405.00

 

So, unless they make her pay it, that money is strictly not recoverable is it? It is only numbers on a sheet of paper.

[sarahpp]

If it is interest on unlawful charges then, it definately is reclaimable DoS. Which spreadie did you use?

[Destinyofsouls]

I used the complex one from Vamp's collection.

I input the charges on the left and the date/interest charged and the balance on the R/H side. The s/sheet then calculated the interest when in an overdraft situ. Is that OK?

[Destinyofsouls]

If it is interest on unlawful charges then, it definately is reclaimable DoS. Which spreadie did you use?

 

But if she hasn't paid it, then it cannot be recoverable can it?

[sarahpp]

They are still claiming she owes it and it is compounded interest don't forget so, they have charged her interest on interest on unlawful charges.

 

All I am saying is that yes, she is perfectly entitled to claim it back and also entitled to charge them interest for it.

 

I have nearly confused myself there but, I think you probably know what I mean (she says hopefully). What did you set the interest rate at incidently? I don't know what the unauthorised rate is for RBS

[Destinyofsouls]

What did you set the interest rate at incidently?

I didn't, I just opened the S/sheet and entered the info.

[sarahpp]

Ah, the spreadies are set to a default interest rate and if you are claiming a contractual rate then, you need to enter the unauthorised borrowing rate for RBS. I am not sure what the current rate is but, on this successful thread (which is worth a long read) I think it was 29.8%

 

 

http://www.consumeractiongroup.co.uk/forum/rbs-bos-successes/49470-contractual-interest-details-case.html

[unicorn96]

Hiya

Was just reading your thread and am in a similar situation with RBS (although i'm not the same age as your lady). I had 2 accounts with RBS (1 joint, 1 my own) both which had o/d on them and found that could not pay back what we owed them. Total was about £4500, but by the time they had decided to send to Credit Management total had risen to £6500 with all the charges. Agreed with RBS to pay a little every month to pay off the debt and they have stopped adding anymore charges. However beware. I am trying to get back £2775 in charges owed to me and although RBS have agreed to pay the money back, they say they will ONLY pay into my account to which i owe them money. They will not send me a cheque, which is what i've been asking for all along. Have not given up though and am still fighting it out. One piece of advice which maybe helpfull. You are entitled to an encashment from Credit Mgmt, which is where you can phone them up and ask to be paid a sum of money and collect in cash from an RBS bank. I took RBS to small claims court where they agreed to pay me what they owed for charges £450 and paid the money direct into my own account which is held with Credit Mgmt. I then phoned them and told them that monies had accidently been paid into my account and they agreed an encashment. I went along to my local branch and took it all out in cash. They told me that everyone is entitled to one encashment, so you could try that later if you find you are having problems. Good luck.

[Destinyofsouls]

Thanks Unicorn.

Just a thought- Dotty has never paid most of these charges, she just letr thew account run up whilst her benefits were going into another account. I realise that she should have closed it and set up D/D's in the new account. So how can she reclaim money she has never paid?

If it went to court RBS could in effect just wipe out the debt as she has never paid, how does that affect the £120 court fees? So in effect, she doesn't get any money back at all

[sarahpp]

Thanks Unicorn.

Just a thought- Dotty has never paid most of these charges, she just letr thew account run up whilst her benefits were going into another account. I realise that she should have closed it and set up D/D's in the new account. So how can she reclaim money she has never paid?

If it went to court RBS could in effect just wipe out the debt as she has never paid, how does that affect the £120 court fees? So in effect, she doesn't get any money back at all

 

Okay- so, you know what the charges are for these a/c's. About 6k plus interest (?)

 

Yes, probably most of the reclaimed charges will go to paying back the amounts owed. I don't know how much is outstanding on the accounts but, the important point is that she will no longer be harrassed for these amounts and, if you apply contractual interest to the mix, there may be some left over. She will be able to reclaim the court fee so, don't worry about that.

 

That is why I said in an earlier post that personally, I didn't mind the fact that money went towards paying the original creditor first and then I had a cheque for whatever was left over.

[bill-k]

Destiny, it looks to me like you are either using the wrong rate of interest or the wrong spreadsheet - or both. You should be using a spready that calculates compound interest. The ones in the template library do not. I would recommend Vampiress's No. 5. Unfortunately, she has just closed her Google Chambers for re-Vamping, but there is an Excel version here:

http://www.cagmembers.go2.to/

 

You might find this useful, too. Spready guide:

http://www.consumeractiongroup.co.uk/forum/post-50088.html

I think as Sarah says, the bank has been charging this to her account, and they obviously still consider themselves due this amount from her. They have charged her this money - but she hasn't paid it - yet.

So it seems to me that the object of this exercise is to get them to admit that the charges were unlawful, by refunding them in full, plus the interest charged on them, plus contractual interest to be charged on all of that. Upon receipt of the refund(s), Dottie then immediately pays off the balance owing on the account(s), and keeps what is left. If they insist on paying directly into the account, then I would personally suggest that you agree, but on condition that the account balance is paid off, the account is closed, and the surplus is refunded as a cheque.

But please make sure you have got all your figures on the spready right first. If this is wrong, then the whole claim is wrong.

[bill-k]

Just an announcement from Batty Bill here. Vampiress has announced that her Google Chambers will be closed for a while, as they are undergoing a "Re-Vamp"

Mindzai's spreadsheet will not be affected by this, and should still be available.

 

For those needing compound interest spreadies, this is available for download, along with Excel versions of Vamp's Recommended #5 and #16 spreadies here:

 

http://www.cagmembers.go2.to/

[Destinyofsouls]

Just when I thought I knew what I was doing. This compound spreadsheet, I have a few questions

 

1) Compound Annual int rate - I assume I ask the bank for this?

 

2) Est average o/d balance during period of interest-- Que?

 

3) Int on bank int on penalties - Que?

 

If the answer to No 2 is the account balance on that date the interest has been debited, then do I put in a - sign if in o/d ?

 

And if the answer to No 3 is the 8% s.69 Court fees @ 8%, I assume when I print out for prelim & LBA, I make sure that this section is not printed out with it until N! is dent?

[gizmo111]

Was there a loan as well?

[midnight1]

Just found this thread from the "bank taking your benefits" thread, its really disgusting considering the age of the debtor but I guess they dont care its pound sings in eyes to them! I was in this situation in 2005 and for a few years previous and I eventually went bankrupt at the end of 05 to escape it all. If id have been aware of all my rights at the time claiming back all charges and benefits they had took from my accounts would have cleared the balances and id still had pocket change for a nice holiday.

 

Its disgusting how they use peoples lack of knowlege for profit gain and someone somewhere with the authority should be doing something about it. You cant tell me they dont know what goes on cos theres threads like this all over the internet brought to the attantion of people from all walks of life every minute of the day! Anyway I wish you all the best in this case and tell your friend we are all behind her!

[Destinyofsouls]

Yes Gizmo, there was. I asked for details under the SAR but have not got any

Thanks Midnight , it's nice to know that we have friends on here, I'm sure thats a great comfort to Dotty as well

[bill-k]

Just when I thought I knew what I was doing. This compound spreadsheet, I have a few questions

 

1) Compound Annual int rate - I assume I ask the bank for this?

I prefer to get the current annual unauthorised overdraft rate from their website. You can save the page and print it later, then, if you like.

2) Est average o/d balance during period of interest-- Que?

This is an approximation of the average amount by which the account was overdrawn throughout that month. Just try and make a reasonable estimate of this - no need for precision, it's more important to just be reasonable.

3) Int on bank int on penalties - Que?

Don't fill this in - the spready does this automatically.

If the answer to No 2 is the account balance on that date the interest has been debited, then do I put in a - sign if in o/d ?

No it's not, and no you don't !!

And if the answer to No 3 is the 8% s.69 Court fees @ 8%, I assume when I print out for prelim & LBA, I make sure that this section is not printed out with it until N! is dent?

If you are claiming contractual interest, then this will be the interest at the rate in (1) above. Put this rate in the interest rate box at the top of the spready.

[gizmo111]

Yes Gizmo, there was. I asked for details under the S.A.R - (Subject Access Request) but have not got any

Thanks Midnight , it's nice to know that we have friends on here, I'm sure thats a great comfort to Dotty as well

 

I am in court with Nat West on 22/02 over laon interest - hang fire until then if you can so we know what to expect and how to word claim form. I am claiming hte proprtion of interest that relates to charges. It would help if you could put details of her debts to NW here and how much the charges are. Also if you could give some amounts on laon - it wil lbe on her statements the amount that was paid in and how much they are taking per month - we just need to work out how long it was supposed to be for.

[Destinyofsouls]

ok gIZMO THANKS.

 

would help if you could put details of her debts to NW here and how much the charges are

Do you mean the charges on current account from RBS?

[gizmo111]

ok gIZMO THANKS.

 

would help if you could put details of her debts to NW here and how much the charges are

Do you mean the charges on current account from RBS?

And overdrafts on each account - amounts outstanding - and then how much you are reclaiming on each account.

[Destinyofsouls]

And overdrafts on each account - amounts outstanding - and then how much you are reclaiming on each account.

 

There is only 1 account, the rest were savings accounts with hardly any activity and no charges.

How do I put this list up here?