annifridsl04 vs RBS

[annifridsl04]

Hello, I read something about having to change your claim from unlawful penalties to something else, but I can't remember what it is or where I saw it. Can anyone help? I don't think I can afford to have it changed, will my claim be stuck out because of it?

 

Thanks

Anni

[Blossomandebony]

Hi, Anni,

 

The info you're looking for is here:

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/600-you-must-amend-your-claim-from-penalties-to-utccr

 

Remember, you only have top amend your claim if it does not include the argument that the charges are unfair under the UTCCR!

 

BAE

[annifridsl04]

Hi BAE,

Thanks for that, if I'm honest I'm starting to panic. I can't afford to change it if it's wrong. I'll need to have a look at it when I get home.

 

Thanks again

Anni

[annifridsl04]

I also forgot to ask, if I need to change my address do I only inform the courts and the bank. Will the courts charge me anything for changing it?

 

Ta Anni

[Blossomandebony]

Inform the courts and defendant by letter. Get proof of posting or send recorded delivery.

 

If you're worried about anything give the court a ring.

 

BAE

[annifridsl04]

Hello Everyone,

I've rec'd a letter today from RBS saying that the FSA waiver has lapsed. That they consider my claim to have been about the level, the fairness or lawfulness of the charges.

 

They entered into proceedings with the OFT and following the judgement the test case is complete.

 

In view of the judgement the level of unarranged overdraft charges cannot be assesed under the UTCCR or challenged under the law penalty doctrine. They do not believe that there is any other legal basis for the level of charges to be challenged.

 

They are satisfied that the level of charges were properly charged and the legal proceedings comfirm that. They are therefore not upholding my complaint and will not be refunding the charges.

 

If my complaint doesn't refer to the level, fairness and lawfulness of the charges to contact them further.

 

 

So what does this mean?? Are we all screwed?? I lost the thread of what was happening a while ago and it doesn't really make sense.

 

What should I do?

Thanks

Anni x

 

 

Edit: Also just a point. I didn't end up amending my claim as above, because I read through it and it did mention the UTCCR. Would that make a difference, coz they say in the letter it can't be assesed for that?

[annifridsl04]

Do people not come on here anymore? :-?

[EvilScotsman]

I'm absolutely not an expert, but my understanding is that the banks admitted to the supreme court that they actually make 30% or so of their profits through charges, which obviously contradicts what I presume they told you repeatedly, that their charges were based on their administrative costs for processing transactions which lead to 'unarranged overdrafts'.

So if you have a copy of a letter in which they say the charges are based on admin costs (they sent me loads, but I've recycled them all, like an idiot ) then you should be able to proceed.

 

I hope this gives you some encouragement, or at least it will bump your thread to the top and perhaps someone with more expertise than me will arrive to correct me!