Please help for an old lady

[Destinyofsouls]

Ok Thanks Chetz, I'll, keep searching the threads

[chezt]

Just had a look on RBS website and it's currently £12/month - Not sure at what point it changed but mine was £10 in 2001. Each month. as well as the statements I used to get an advice of charges page which showed the maintanance charge, the Royalties charge & overdraft interest to be paid .... have u not got these?

 

The Royalties charge was usually referred to as 'plus a fee of ....' The other charges I think are usually the maintenance charges

 

Hope this helps a little??

[bill-k]

Have you sent a prelim letter with a spreadsheet attached ?

 

Have you sent a LBA with a spreadsheet attached ?

 

Yes & Yes

 

On vamp's complex s/sheet. I entered charges on the Left as normal. On the right, I entered the date, amount of interest taken and the balance on that date. The spready then worked out the interest to claim. I then click on 8% interest tab at the bottom and it comes up with 8% S69 interest to claim with the N1

 

Is that OK?

 

 

It's OK. as far as I'm concerned, but I was under the impression you were using one of the spreadies I sent you. The spready you describe here looks like it's from the CAG library of simple interest spreadies. If that is the case, then you appear to have claimed 8% statutory interest in your prelim and your LBA, and not claimed any contractual interest at all.

 

Can we take it that you have decided not to claim any contractual interest, then ?

[isidore]

The royalties charges for Gold accounts are 12 now but used to be 10. I think I can find out exactly when it changed as I'm sure I was on gold at the time of change. Will have to check and tell you tomorrow.

 

The problem with RBS charges is that they used to add a lot of them up together and charge them at the end of the month. I have written up an explanation of how it is split for the benefit of RBS "claimers", you can find it here. Hope this is of help.

 

Some of the rest of it might help but the key bit is the first few paragraphs.

 

 

Hope this helps.

[Destinyofsouls]

Chicken pox!!!! Bl**dy chicken pox! My son has got it so I will not be able to come on here often.

Waiting for the other 2 to get it now.

 

Received letter from Solicitors this morning. ( strange as it is not in court yet!)

As follows:

We note that Destiny is going to institute legal proceedings in relation to Dottys claim. There is no evidence that destiny is regulated by the Law Society or any other appropriate body pursuant to Section 28 of the Courts & Legal Act 1990 and there is no proper basis upon which destiny can conduct litigation.

As such, we will not be corresponding with destiny and we ask the courts to do the same.

 

So does this mean I cannot help Dotty and get the court papers etc.. sent to me?

Can the solicitor ignore me?

[chezt]

Chicken pox!!!! Bl**dy chicken pox! My son has got it so I will not be able to come on here often.

Waiting for the other 2 to get it now.

 

Received letter from Solicitors this morning. ( strange as it is not in court yet!)

As follows:

We note that Destiny is going to institute legal proceedings in relation to Dottys claim. There is no evidence that destiny is regulated by the Law Society or any other appropriate body pursuant to Section 28 of the Courts & Legal Act 1990 and there is no proper basis upon which destiny can conduct litigation.

As such, we will not be corresponding with destiny and we ask the courts to do the same.

 

So does this mean I cannot help Dotty and get the court papers etc.. sent to me?

Can the solicitor ignore me?

I'm sure you can!!

 

I've read it somewhere and there are others on here doing the very same thing .... think they're just fobbing u off as they'd obviously just deal with an old lady instead! Bill's acting for some other folk n what about all those agencies who charge you to do it for you!! loada rubbish me thinks ... see if anyone else comes up with anything to back this up but I'm sure its just scare tactics!

 

Sorry to hear about th CP btw ... my lo had them just after she turned one but thankfully wasn't 'too' ill with them - Good luck!

[Destinyofsouls]

S28.2© says that if the court agree, I can litigate for the claimant. ( I think that's right)

So I have written to the court asking for their permission. ( well I will after advice from here)

But.I thought, as these things don't go to court- is litigation not just in court or does it mean having the court paperwork sent to me?

 

What actually defines litigation?

[bill-k]

Sorry to hear that the dreaded pox has descended on your household, Destiny !! Ah well - best got out of the way in one fell swoop, I guess. I hope it passes soon.

 

In absence of any other info, I assume from what you have said that you have sent a prelim and a LBA letter, and claimed just the penalty charges, and no interest.

 

I assume you sent the letters on Dottie's behalf, instead of drafting them for her and getting her to sign them. I don't know if you or Dottie received any response to them, other than the solicitors' letter you have just received, which appears to be in response to the LBA.

 

I assume that you have not yet filed the claim at court, using the POC that you posted earlier, and claiming statutory interest on the claim.

 

Unless the bank or their solicitors have a clear authority from Dottie that you are acting on her behalf, then I don't think you can expect them to treat you as anything other than a complete stranger, and will not deal with you in respect of her private affairs.

 

If what I have assumed here is correct, then I believe you may have to go back to square one and send the prelim and LBA in Dottie's name, and bearing her signatures. When you act as a Lay Representative, then the Claimant still has to be present in court, as the claim is still being made by her. I believe that, unless she is legally declared and accepted as being incapable of understanding what is happening, then she remains responsible for her claim, and you are merely acting as her spokesperson.

 

If I have made the wrong assumptions here, though, then I apologise.

[bill-k]

Replying to your later post - I believe you can only litigate FOR a claimant if that claimant is first accepted by the court as incapable of understanding what is happening, and that involves getting her "sectioned" under the Mental Health Act, or some such similar measure.

 

If this is not the case, then I believe you can only act as her representative, but she still has to attend court in person, if the case goes to a hearing. However, she is not obliged to speak - just to observe that you are acting in accordance with her wishes.

 

That is my understanding of this, but I would be happy to be corrected by someone who understands this better than I.

 

"Litigation" - From Wikipedia:

A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. Often, one or more defendants are required to answer the plaintiff's complaint. If the plaintiff is successful, judgment will be given in the plaintiff's favor, and a range of court orders may be issued to enforce a right, impose a penalty, award damages, impose an injunction to prevent an act or compel an act, or to obtain a declaratory judgment to prevent future legal disputes.

It usually involves dispute resolution of private law issues between individuals, business entities or non-profit organizations. However, it may involve public law issues in those jurisdictions that enable the government to be treated as if it were a private party in a lawsuit (as plaintiff or defendant regarding an injury), or that provide the government with a civil cause of action to enforce certain laws rather than criminal prosecution. The conduct of a lawsuit is called litigation.

[Michael Browne]

Litigation Friend can litigateon behalf of a patient or child ie they can sign and issue the claim and represent them in court

 

Lay representative can only represent a claimant in court as long as the claimant is present. They cannot issue the claim or sign documents on the claimants behalf. This must be done by the claimant themselves

 

Mackenzie Friend can accompany the claimant to a hearing and advise the claimant, but cannot address the court

[chezt]

So DoS could be a Lay representative in this case then .... prob the best option anyway?

 

I just presumed all letters had been sent & signed by dotty anyway? (But then I shouldn't presume should I?!) Presumably if this is the case then it will be Dotty who has to write to the court not DoS? (or at least Dotty should sign DoS's letter? )

[bill-k]

Yes, Chez - that's exactly the basis on which I am acting for the claim I posted the emails from earlier here. I have done all the research and paperwork etc., and the claimant has just signed everything.

 

In effect, the Personal Representation is the physical manifestation of all this in court itself. What I do and say there has to be given the approval of the claimant herself, by her presence at the hearing. Her presence there is taken as her "seal of approval" - or her signature to my rantings and ravings.

 

It is my recommendation for Destiny here.

 

Thanks BTW Michael for the clarifications.

[chezt]

Just the same as I'm doing with hubby's claims too ... I just shove stuff under his nose to sign & he does ... letters ... cheques ... autographs ... u name it!

[Destinyofsouls]

Hi sorry not been here for a while. Chicken pox took preference.

Tried to get onto chat, but it won't accept my password.

It now seems that Dotty's son is trying to muscle in. He is telling Dotty that when she gets paid, to have it paid into a parchute account that she has opened. She owes £3,210 to the RBS for the account is in o/d. He told her not to pay it and keep the money as they are not likely to take an old pensioner to court, and if they did, what could they do? She has no money and no assets. I don't like this idea. What does everyone else think?

[Guest ian cognito]

No, don't like that one, obviously not thinking of his Mum is he? Hopefully her commonsense and your good advice will persuade her to sort it out!

[chezt]

It's not a bad idea to open a parchute account as it puts you back in control of your money & stops the bank from swallowing it up in overdraft & more fees till it's sorted - also if they decide to close the account or withdraw the o/d etc at least you have alternative banking set up.

 

However the o/d should (in my opinion) be paid off once the payout is made. As for not taking oldies to court - remember the pensioner who went to prison for not paying council tax? Not the same I know but just a point

[Destinyofsouls]

I can only agree with you chetz. I am worried that he may 'take over' the claim as he was saying to dotty that 'one of his mates' has 'done it himself' using 'stuff' on the internet.

(sigh) Some mothers do have them!!!

[johnwilsonstorey]

I have read right from the start of this thread and up until now there has been no mention of any relative let alone a son.

I think that now the claim is well under way he can smell the money and thinks he should inherit it rather than pay the bank back.

It's amazing how quickly people come out of the woodwork as soon as there is a sniff of money!

Of course the Bank should be paid back, was it not the reason you first became involved because RBS was giving Dotty a very hard time?

Hopefully very soon the claim will be over and if the Bank are paid Dotty can sleep peacefully at night again. If the Bank isn't paid then all the problems will start up again

[Destinyofsouls]

Hi john,

Totally agree with you. I always knew there was a son, because dotty moved down here a few years ago when she lost her husband as her son is the only living relative. I agree that I think she has mentioned it to him and he now wants his 'cut'. I will be impressing on dotty how important it is to pay the bank, as she will only have more sleepless nights if she doesn't. I may get her to sign a statement to that fact and send it off to a solicitor or even the bank, just so he cant get his greedy hands on it.

Anyway, Dotty said she would buy me a bottle of lager if I win ( bless her!) and I'm not giving that up for NO-ONE!!

[bill-k]

I would normally have agreed with Chez here, and said open a para. account and get the money paid in there first. THEN see if the bank is going to ask nicely for it or not. If they don't, then they've bottled out of the possibility of a much-publicised court case, and Dottie keeps the dosh.

 

However, this appearance of a third-party does seem a problem. If it seems possible that Dottie may be pressured, then in this particular case, it might be safer to let the bank just keep it, and put an end to Dottie's worry.

 

JMVHO, of course.

[chezt]

Anyway, Dotty said she would buy me a bottle of lager if I win ( bless her!) and I'm not giving that up for NO-ONE!!

Quite right too!

[Guest ian cognito]

Hope you've put a good word in for the rest of us too!

[chezt]

Sorry if my post wasn't 100% clear earlier - I was in a rush gettin ready for work etc - when I said

puts you back in control of your money & stops the bank from swallowing it up in overdraft & more fees till it's sorted

I meant now as in taking control of your finances now so that her current monies are not 'swallowed' up by the o/d & charges whilst waiting for the refund.

 

I would normally have agreed with Chez here,

You not agreeing with me then Bill??

[chezt]

Hope you've put a good word in for the rest of us too!

Yeah Mine's a strongbow! (nice n cold but NO ice!) Willow's will be a shiraz (prob a bottle ... BIG ONE!) & I would think Bill will want a whiskey!?

 

Poor dotty will need another o/d by the time she's got drinks in for all of us on here!

[bill-k]

Sorry if my post wasn't 100% clear earlier - I was in a rush gettin ready for work etc - when I said I meant now as in taking control of your finances now so that her current monies are not 'swallowed' up by the o/d & charges whilst waiting for the refund.

 

You not agreeing with me then Bill??

 

Sorry, Chez. I guess I was agreeing with you really. It's just that I would make them ask me for the money before I repaid the overdraft.