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Brightestsparkler Vs RBOS ***WON***


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Hi there

 

New on this site!

 

I received my statements from RBOS 2 Apr (for which they did not charge) and went through them straight away highlighting and noting each charge incurred.

 

I typed up the letter to send them requesting the charges back and sent this Rec del on the 3rd Apr (a little badly timed due to bank hols i guess) so although I stated 14 days on my letter I will action the next steps on the 20th.

 

Will update as I get news.

 

Onto Cap1------> c-h-a-r-g-e!!!!

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Received a letter today from the RBOS....

 

"Thanks you for your recent letter regarding charges applied to your account. We are currently considering your claim and will respond to you as soon as possible.

 

Yours Sincerely

Sandy Watt

CRU"

 

No prizes for what their next letter is going to say lol

 

Or is this their stalling tactic? They have actually answered my letter within the stated time scale, although I guess it doesn't say much does it.

 

Do I now wait until the 20th and then go to the next stage or what? Can anyone help please?

 

Thanks in advance!

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Hi I would stick to tried and tested time frame.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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Guest littlesally

Wait until the 14 days are up, you never know they may say "yes"!! LOL

 

Seriously though, stick to the time scale you've given them.

 

Sally x

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Sparkler, it might be worth making a note of the Guide in the FAQ section so you can follow the process through step by step. Just thought I'd point out as you were referring to going to court when you've only sent them one letter.

 

You need to ensure you follow the process properly so as not to ruin your claim...

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Hi, Keep the faith brightsparkler, according to my calculations you should have sent LBA today.

05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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05/03/07 S.A.R - (Subject Access Request) handed in at branch

Found missing statements at home !!!!

08/03/07 Prelim+ schedule posted rec del

22/03/07 :mad: No reply to prelim LBA posted rec del

05/04/07 :mad: 14 days and no reply to LBA, sent e-mail

27/04/07 :D Offered FULL SETTLEMENT £3375

03/05/07 Cash in bank account :D :D

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Thanks & I think that's what I meant in my earlier post Letter telling them about court action geez this is tough going when there such other big things going on in my life at the moment too (house sale) sometimes i'm not sure if i'm coming going or already been

 

Thanks to everyone who helps me you all deserve a big pat on the back!!!

:D

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Guest littlesally

This is the LBA

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

Send this next, then when the time is up the rest of the letters are here.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

If you need any help with them post on here and someone will come to your aid.

 

Have a good look through the threads as most problems and answers are somewhere here already.

 

Sally x

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Send this next, then when the time is up the rest of the letters are here.

From what sparkler says, this has already been sent?? :?

 

Sparkler, firstly don't fret the process is a simple one and you shouldn't let it get in the way of your house sale, keep the faith and take it easy :D Just a genuine mix-up of definitions I guess. Best thing you can do, is have a read of this...

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html

 

...and slot yourself into the process wherever you think you are, if you have sent them a letter telling them they have 14 days before you take them to court, then this is what is called the LBA as Dangler says Letter Before Action. The reason I piped up about this is that you stated on your first post that you typed your first letter on the 3rd. Well if you read through the process in guide, the LBA should be the second letter you send, having sent them a prelim (preliminary letter) requesting your charges back allowing them 14 days.

 

If however, you have done differently in accordance to instructions on the Moneysaving website DON'T PANIC!!! All is not lost! The reason for giving the banks 2x14 days notice is that you are being reasonable in your timescales for them respond to your complaint. Only allowing them 14 days before going to court COULD be claimed by the bank as being unreasonable. Now I'm not sure whether the moneysaving website tells you to only give them 14 days notice or not, but if it does this is a little unwise for that very reason.

 

CAG advises you to allow them 28 days to resolve your claim and personally I would advise you to consider giving them the same time to turn this round. Obviously everyone has their opinions and this is entirely up to you, but in the interests of being reasonable, it may be wise to do so. The banks might not even notice, they might not even claim you are being unreasonable but you never know. Out of precaution, you might want to extend your deadline. In order to "resolve" it will be easy enough to sort out, simply send them another LBA from the link that sally has given you and add a line at the top saying something along the lines of:

 

"Due to a mistake on my part, I have jumped a step and sent you my letter before action first and as a result only giving you 14 days in which to resolve my complaint. In the interest of fairness, I will extend my deadline to [date] therefore giving you a full 28 days to resolve my complaint."

 

If you're stuck any more ask away ;)

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Guest littlesally

Sounded to me like he had sent the "preliminary request", in which case the LBA is next. Maybe I just misinterpreted.

 

Good advice you've given above if things have been sent out of sync though.

 

Sally x

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Sounded to me like he had sent the "preliminary request", in which case the LBA is next. Maybe I just misinterpreted.

 

Good advice you've given above if things have been sent out of sync though.

 

Sally x

 

Totally agree, did think that myself until post 12. Think possibly sparkler needs to review the guide and check exactly where he is for the our benefit ;)

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Thanks for all your replies this is the schedule as on the moneysavingexpert site which is the site I found first rather than this one.

 

Step 1. Set up a parachute bank account

Step 2. Find out and total all your charges

Statutory Interest Calculator

Step 3. Write asking for your money back

Step 4: Threaten to take it to court

Step 5: Take it to court

Send in the bailiffs

I have done step 1, 2 & 3 so am now step 4, which is what I think you meant by LBA? Am I correct?

 

 

Oh and i'm a she (lol)

 

Sorry for any confusion I may have caused and a big thanks for the help & support

 

I'd also like to appologise for the delay in response but it's house clearing time busy, busy, busy only a few more days to go and it'll be sorted :)

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Sorry :o

 

We need pink usernames for the females I think :D

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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On the LBA it says to attach schedule of charges to the letter. Do you need to re-do this as the number of days for interest purposes will have increased, or do you just re-send original?

 

Does anyone know?

 

Many thanks!:o

 

Sending this recorded del today after work :D

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That depends. If you are claiming for contractual then yes the interest will change and therefore you need to send an up to date one.

 

If you are just claiming for charges then there won't be any change.

 

What interest are you referring to??

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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So you've claimed statutory from the start?

 

In which case you should update your spreadsheet.

 

 

You should bear in mind however, that you are only entitled to this interest because you have filed a court claim, so to ask for it before that is not advised. I realise other sites reckon it's ok to ask for it, but they are other sites. If you end up getting an offer for charges WITHOUT the 8% then you MUST accept it as this is all your are entitled to at this stage. If you were to reject that offer and then go on to court just to reclaim the 8%, you could be seen as vexacious and the bank could apply for your claim to be struck out.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Like I said in an earlier post I started this process by using the other site which did recommend putting this in from the start. I know that I am not entitled to it until it actually goes to court and to be quite honest I will be more than happy for my money back minus interest.

 

Thanks for you help T4ff

 

Spreadsheet now updated

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Guest littlesally

I sent the letter below, that Hagenuk wrote for me, when I got the standard "no" reply to the LBA.

It only means waiting an extra seven days and could cut out the court bit. You can't claim interest if you use it, but you've said you aren't bothered about that.

You will need to change the Stuart Higley bit as he is with NatWest.

 

It worked for me, they caved within a few days of mailing!!

 

Dear Sir

 

Thank you for your letter dated 16.11.06 from Mr. Stuart Higley.

 

It is clear from your letter that you are under the impression that I will not issue a claim against you for the return the unlawful bank charges debited from my account.

 

I am writing to inform you that this will be the next stage unless I receive full payment in the next 7 days of the £380 detailed in my previous letter to you.

 

However, please accept this correspondence in accordance with my duty under the Civil Procedure Rules to continue to pursue a settlement without the need to invoke the time of the courts

 

If you do not intend to defend your charges in court, but hoping that I will "just go away" I should to point out that this will not happen and you will incur further costs against you.

 

Take note that I will draw the Court’s attention to the fact that you have not made any attempts at settlement in accordance with the overriding objectives of CPR. Furthermore I will submit this letter to the Court as further evidence of your intransigence with my case despite my attempts at settlement and the settling by your company of all other similar claims to date.

 

Alternatively, in accordance with the overriding objectives of the Civil Procedure Rules I would like to give you the opportunity to settle this issue without the need to take the time of the Courts. My claim is for £380.00. If you could ensure that this sum is paid into my bank account within seven days I will inform the court that this matter is settled. If you wish to pursue this course of action please telephone me to obtain my account details.

 

Please do not waste any further time with something you do not intend to defend.

 

Yours sincerely

 

 

All the best if you use it,

Sally x

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