AJS vs RBOS

[aisforandy]

What a brilliant site!!!

 

I have just posted my prem letter and will be eagerly waiting a response.

 

The amount of charges I have claimed for is £1003.90 from 3 accounts over past 3 years.

 

Will keep this updated - many thanks to everyone who has put information here for people like me.

[Guest Lueeze]

Good Luck and keep us posted!

 

Lou x

[aisforandy]

Can't believe that after getting my prem letter they have made another charge of £30 to my account which they won't give back, so I am having to rewrite my letter adding this amount to it.

 

I have also made an appointment next week to close down all my accounts withy RBS (one joint, one personal and one business) because they won't refund this charge while the case is pending.

[Guest Lueeze]

Yep, just keep adding them up, and when you come to file in court, just add it on then!

 

Good Luck

 

Lou x

[aisforandy]

I have received a letter from the bank offering me £105 as a goodwill gesture (original claim £1003 + £30 added since), but if I accept it the letter says that it will be considered settlement of all claims I have relating to these charges.

 

I have read somewhere on this site that you can accept this first offer and still go ahead with the claim - how does this work?

 

I have also spoken to the bank about this letter when I phoned up about a seperate matter, and was told that if I wanted to take the matter any further then I need to speak to the banking ombudsman.

 

I know about the letter before action, but do I still send it even though they have made me an offer? I have told them I will be persuing my case in spite of the "goodwill gesture" they have made - should I still continue dealing with my own branch in this matter?

[aisforandy]

Also, can I add the £15 I paid for the searches on my bank accounts as a cost I can claim back from them?

 

Thanks for any help on this - this site is extremely helpful - I can't believe you aren't charging for membership!! I will definately be making a donation when I get my cash!!!

[lickthewallfatboy]

I have received a letter from the bank offering me £105 as a goodwill gesture (original claim £1003 + £30 added since), but if I accept it the letter says that it will be considered settlement of all claims I have relating to these charges.

 

I have read somewhere on this site that you can accept this first offer and still go ahead with the claim - how does this work?

 

I have also spoken to the bank about this letter when I phoned up about a seperate matter, and was told that if I wanted to take the matter any further then I need to speak to the banking ombudsman.

 

I know about the letter before action, but do I still send it even though they have made me an offer? I have told them I will be persuing my case in spite of the "goodwill gesture" they have made - should I still continue dealing with my own branch in this matter?

 

CRAP is the short answer to all points they raised-

1.Tell them thanks for the interim payment but you are pursuing them for the full amount-and sign nothing!!

 

2.Just follow the schedules as laid out in the FAQ's and you will be fine.

 

3.The banking ombudsman has nothing to do wih this issue and this is a well-known delaying tactic used by the banks.COurt is the place to go when they don't play ball.

 

 

if you have found this post to be of use,please click on the scales at the top right;)

[aisforandy]

Replied with this letter:

 

Firstly, with regards to your recent letter following my correspondence, I would like to accept your goodwill gesture to repay £105 of the money taken from my account over the past 4 years. This acceptance is in no way a settlement but will be regarded as an interim payment.

Secondly, I understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £1033.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice.

 

Yours faithfully,

 

Although, I have since received a phone call from the manager at my branch telling me that the case is now being dealt with by the customer relations office (or similar dept).

 

I would like to keep correspondance local and through my branch - am I able to do this, or should I do as she says and deal with it at this other department?

[stacymason]

I've posted all correspondance to my local branch manager, let them deal with getting it to the right department!

[aisforandy]

Thanks Stacy.

[aisforandy]

Reet then.

 

I've now received a letter from Customer Relations telling me that they are not going to give me the £105 they offered me as a goodwill gesture because it was on the condition that it was a full and final settlement. It reads:

 

I know you have refused this offer but I can do little more than ask you to review your decision. This offer is not to be increased.

 

Therefore this is the banks final response to you on this matter. You may now wish to seek the opinion of the Financial Ombudsman Service blah blah blah......

 

This letter was sent to me following a Letter Before Action but the reply does not once refer to this case possibly going to court.

 

 

On another note, I have given them 14 days to reply before taking the matter further. 14 days expires on Monday but I have already received my reply, so can I make my claim via moneyclaim today? I would stick to my timetable, but am off on holiday next week and won't have a chance to get to a computer.

 

Thanks in advance for any more help.

[stacymason]

ohh thats exactly the same as I got yesterday about my £500 offer, I promptly filed a claim against them on moneyclaim. can't see why you shouldn't file it today they say in the letter they're not going to reconsider so go for it.

 

Stacy

[aisforandy]

Have finally posted my claim on Moneyclaim, I had to go past the allote dtime I gave myself as i was away for the week, but will post when I next hear on the matter

[aisforandy]

Guess what - the claim on Moneyclaim was defended at the 11th hour, so have received a letter from Cobbetts this morning.

 

The letter contains a load of points that I have no clue about and requests for information include:

 

Bank account details for the accounts for which I am claiming

Information on each and every charge made, what it was for, when it was taken etc

Also asks me, (and it goes on from there)

 

2.3 In relation to each charge, please clarify the following: (a) is it the case of the claimant the same should not have been charged? (b) If yes; please explain why the claimant contends that the same should not have been charged? © If no; is it the case of the defendant that the same should not have been charged in this amount? (d) If yes; please explain why the claimant contends that the same should not have been charged in this amount and identify the sum the claimant contends should have been charged. (e) If no; please state the claimants case.

 

3. In your claim you state that "the banks charges are a disproportianate penalty and therefore unenforcable as they are contrary to common law".

 

4. Please provide the following particulars in support of your claim:

 

4.1 Please specify the clause(s) persuant to which the charges were applied;

4.2 Please specify whether the charges applied were due to breach of contract by the claimant;

4.3 Please identify in each case the particular breach of contract (by reference to appropriate term(s) of the contract) that the charge related to.

 

5. In your claim you state that the charges are: "invalid under the Unfair (Contracts) Terms Act 1977 s.4 and unfair Terms in Consumer Contracts Regulations 1999 Para.8 and Sch.2(1)(e)" and "unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15".

 

6. Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 5 above, and in particular please identify the contractual provisions(s) that the claimant alleges are invalid by reference to UCTA/the Regulations.

 

 

I am a little confused as to waht to do about this - I have looked around the site and there seem to be differing opinions, so any advice given on this particular case will be gratefully accepted.

[stacymason]

I had the same defence right on the last minute as well, send them a reply with a copy of your spreadsheet of charges, give them the account number and sort code and if they've made the request for further info under CPR part 18 point out to them that you won't be responding as you expect the claim to be allocated to the small claims track and CPR part 18 info can only be requested by the courts.

[aisforandy]

This topic was closed on 10 March 2019.

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