santamonica v RBOS **WON**

[santamonica]

Hi all,

 

Been lurking for a few weeks and finally decided to post.

 

Received my statements which show charges of £1746. Sent my prelim letter yesterday for £1393 (already had £353 refunded by going into the bank on numerous occasions and disputing them)

 

Despite reading the FAQs loads of times I still messed up and asked for the total amount back, can I start to break it up into claims of £750 when I send the LBA or will I need to just claim it all back at once now through the sherrif court rather than the small claims court?

 

Sorry if this has been asked a thousand times already.

 

Gillx

 

p.s. I'm in Scotland

[rbrears]

Hi Santamonica. Im prety sure that in Scotland you would need to split the claim - although despite being born in aberdeen thats about as much as I know about Scottish anything

 

Although I DO know that even though your LBA asks for the lot you are still able to claim it as you see fit.

 

Best of luck with your claim(s)

[santamonica]

Thanks for the reply, when I send the LBA I'll stick to claiming £750 and then claim the rest after that ones finished.

 

My claim will be higher anyway if it gets to court, they charged me another £35 yesterday for 'card misuse'. I wrote a cheque knowing it wouldn't clear until money went into my account, phoned the bank to tell them the money was there so I wouldn't get charged (done it befoer and been fine) but was told by the teller the money had to be in the account the day before. She then told me that writing a cheque when the account was empty is illegal and they would be applying the charge.

The bloody cheek!!!!!

[santamonica]

Got a reply today after the sending the preliminary letter from Tommy McLean, he is a busy man:rolleyes: . Seems to be a standard letter, the same as everyone is getting, going on about credit cards!

 

I didn't ask for credit card charges to be refunded (yet!!! they're next on my hit list), I just want my BANK charges refunded.

[santamonica]

LBA sent today, 14days to reply.

[santamonica]

Well, got a reply from the LBA from Tommy McLean again. Standard letter, pretty much the same as the reply to my prelim with a couple of extra paragraphs directing me to the FOS.

 

Looks like it's off to court so I will hand the papers into my local sheriff court asap.

[santamonica]

Handed the papers to the court today. Just need to wait for them to send the dates but forget to tell them I'm off to Oz for a month at the end of June.

[santamonica]

Hi all,

 

Finally got a response from the bank offereing me £389 (half of claim) as full and final settlement.

I'm really not very good at the wording in letters, is there a standard letter I could send to accept this as an interim payment?

 

Also, when this one is complete do I need to start from the LBA letter again? My original letter requested the full amount but had to split the claim as I'm in Scotland.

 

Thanks in advance

Gill.

[santamonica]

Sent an email to Judith Carrie (solicitor for RBS) accepting their offer as an interim payment, she replied sayingthis wasn't an option and it had to be accepted or rejected as full an final settlement.

Replied rejecting it and within 30 minutes she replied with an increased offer of £639, we're getting closer to the amount claimed

 

Part of the email says

'Notwithstanding this increased offer, please note that the Bank does not

consider that the interest element detailed in your schedule is recoverable

by you on the basis that your statement of claim is for interest from the

date of service and not the date of each charge.'

Anyone know what she means by this, before I reply to her message?

[homoeopathics]

Have you calculated each charge from date it was charged?.....if you have, you are claiming correctly.

 

She says you are claiming from "date of service"....not sure what this means either, I would ask her to clarify her statement.

[santamonica]

Interest has been calculated from the date the charge was applied to my account using the spreadsheet on this site.

 

Will ask her to clarify before I reject this offer, it's still just under £200 short of my claim.

[santamonica]

I replied and asked for clarification regarding the statement

'Notwithstanding this increased offer, please note that the Bank does not

consider that the interest element detailed in your schedule is recoverable

by you on the basis that your statement of claim is for interest from the

date of service and not the date of each charge.'

 

I got a reply saying

'You are required to set out the full extent of your claim in the "statement

of claim" section of the court papers. You have done this by stating that

you claim:

 

" .........the sum of £744 with interest on that sum at the rate of 8%

annually from the date of service for each charge ....."

 

This means that you can only claim the 8% interest from the date of service

of the court papers and not from the date upon which each charge was applied

to your account (as you have detailed in your Schedule).'

 

Is this right, will I need to change my claim and only claim 8% interest from 8 June when I handed the papers to the court?

 

 

[Michael Browne]

No it's not. The daily rate is the bit that is claimable from the date of filing, but 8% is claimable on each charge from the date it was applied to your a/c.

 

They're either lying or don't know what they're talking about.

 

I suggest you set them straight and tell them the claim is not settled until this is paid.

[santamonica]

Thanks for that. I've sent her a reply rejecting the offer.

[santamonica]

Received an email today agreeing to pay £792, £40 less than the claim. I'm probably going to accept (I have no job therefore i'm skint). The bank has said they will credit my account as soon as possible with it.

The problem is I don't use this account anymore and it is £460 overdrawn (£320 of it charges ) can I insist they pay me by cheque before accepting this.

[santamonica]

Anyone got any thoughts on this? I want to email this morning.

[missm]

Thats a tough one, I would say if you haven't filed a money claim yet, and you will have to pay 120 quid upfront is it worth it? I mean you are going to get it back in the long run but... you would get it all if you stuck it out. If you consider what your time is worth as well...40 quid? for possibly stress of filing and court documents ect;

 

I'd say take it, if they credit your account you probably won't have to sign any "full and final" settlement letter so it leaves the door open to go back for the remainder.

Most likely they won't send you a cheque unless it gets to Cobbett's stage. It would clear your overdraft anyway?!

[santamonica]

Claim has already been filed, they have a return date of 18 august and hearing date of 25 august.

I'm going to accept but have just received a letter this morning saying the account is now in default and closed and they've cancelled my card and cheque book.

If they pay me by cheque I'll go in and pay my overdraft minus the charges of course . If they credit the account how am I supposed to withdraw the remainder?

[missm]

True, tell them you want a cheque

[santamonica]

Claim has been settled.

 

I WON!!!!!!

[Michael Browne]

Excellent.

Advice on what to do next is here:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Congratulations. Enjoy the dosh!

[santamonica]

I've just won my first claim and am about to start claim number 2. I'm getting ready to send them the lba requesting the rest of the charges, question is, should I send it to head office where all my other letters went or should I send it direct to Judith Carrie, the person who dealt with and paid out on my last claim??

[santamonica]

Won my first claim against RBOS and in the process of doing the second one but getting really quite worried now. Al, the letters have been done and court papers issued.

The return date is tomorrow with the hearing 9th November and I've heard nothing from the bank, not even a letter saying 'go away'. I'm prepared to go to court as I knew there was always a chance it would but still nervous.

Anyone tell me what actually happens when you get into court?

[weej]

2 things to do. Firstly keep checking your bank balance (monies often magically appear at the last minute)

 

Secondly, if you go to court, get ready for a wee suited chappie to aprroach you with a letter offering full settlement. This has also happened on a number of occasions.

 

There is a third scenario.........The bank have administratively cocked up and not filed a defence/ do not turn up on the day. If this happens, then file for a judgement by default.

 

 

 

Look on the bright side, your money is now within touching distance. Let us know how you get on.:grin:

 

j

[santamonica]

Well todays the return date for the bank. I've heard nothing but they have applied another £34 charge this morning