What next

[lornac]

;-) I tentavely started thinking of getting my money back in May 2006 when I sent letter to RBS asking for total charges, it's taken me until now to write first letter asking for my money to be returned. Posted on 16/04/07 recorded reclaiming £1471 without interest had reply, standard letter- they are considering my claim and will respond as soon as pos - well they have until the 30/04/07 then my letter before action will be sent.

Do I add interest at L.B.A or wait until I am raising action?

I live and I'm claiming under Scotts Law

I may have been very slow to start claiming but now that I'm in action I want my money back.

[isidore]

You are entitled to add 8% statutory interest as a result of filing a court claim so the answer is no.

 

 

You can claim contractual interest from the beginning, but as you are in scotland, I think you will find this difficult to obtain. Stick with that, you are fortunate in that you just fall under the small claims limit.

[rory32]

lornac, its summary cause you will need to use (up to £1500) not small claims (up to £750).

[isidore]

Sorry, yes summary cause.

[StyX]

I personally would get them for as much as i can. They do it to me... But it is your call. Weight up the pros and cons. If you push it over 1500 then more paper work, but how much over the 1500 are you, is it enough to make it worth your while. Alternatively move to England .

[lornac]

Thanks for the help and sugestions, when I raise a summary cause and add my interest at 8 per cent(£259.15) this takes me over £1500 to a grand total of £730.15 is this O.K.? or should I drop the intrest?I have my LBA ready to send on 30/04/07.

[rory32]

I think you should be okay as the first part of the claim is below £1500 (the second part of the claim is for interest). But other posters will be able to confirm whether or not this is the case.

You may also want to raise this question as a thread in the Scotland subforum.

[StyX]

I went for 33.5% interest and got it. So you never know.

[isidore]

Just to confirm, the limit is for your claim only.

 

Any interest you add as a result of you filing is not counted so you are ok to claim the interest.

 

 

Styx, it is a bit misleading to newcomers to just say "I went for 33.5%" because it will cause people to assume that they can just "go" for that. Without explaining how and why and what the implications are, you are possibly putting people in difficult situation. What if their claim is contested? What then?

[lornac]

Just realised my error I've read through all relevent posts prior to sending my first demand for monies to be returned and I have sent the claim for previous 6 years(should have been 5) as I'm in Scotland, thing is my LBA gets posted on Monday 30/04/07 should I correct it to 5 years reclaim or leave it?

If I leave it should I alter it when raising summary cause?

It's my mistake

thanks everyone out there for all the help x

[isidore]

You could amend it at LBA stage and put something in the letter acknowledging your mistake saying you have recently discovered that the limit is 5 years. They would be quick to point this out anyway, so don't be too concerned.

[lornac]

T4FF thanks for your wise words I will amend my LBA and addmit my mistake letter ready for tomorrows post

[lornac]

Morning everyone, sent my LBA recorded yesterday so should be raising summary cause on 14/05/07, now looking for information on how to go about this? I've read a lot of threads saying that they've skipped this - waited 8 weeks and gone to FOS! is this a better option or what!:-? looking for some advice while I troll other threads.

[isidore]

Lorna,

 

How much have you claimed for? How is it broken down?

[lornac]

T4FF HI,

I'm claiming £1286.00 in total.

in charges £720 ; referral charges £200 ;unpaid DD £331; card misuse £35.

I await with baited breath to hear from Sandy(who seems to have all power @ RBS) hope she just hands back my money!

[dangler8]

The choice is up to you lornac, if you wait it out you will get a full refund of charges, many many people have gone this route to prove it. If you go for summary court action you will gain 8%, but the time scale may be considerably longer, more stressful and you will have the legal paperwork to attend to. In saying that there are plenty of experienced people in the forum who will help and guide you along.

I keep saying this, the choice is yours and yours alone to make, go the route that suits you best. Either way you will get your charges refunded

[isidore]

Have to agree with dangler8 here, voice of experience being in scotland

 

It may be worth reading a few of the people who have had successes over the last few weeks or are currently running through theirs, a couple are dangler8, seahorse, superward, atlantic and alpha. Worth having a read through their threads at least.

 

One bit of advice, put SCOTLAND in your location (your can do this in profile from the USER CP selection at the top) as the scottish rules are entirely different to English that way you're easy to identify.

[dangler8]

T4FF sometimes the Scots and Welsh do agree, its at rugby we tend to differ

[lornac]

Hi Guys

Sorry I've not beenkeeping up with replies but GREAT NEWS got a letter today offering ALL my charges back, a good will jester they don't addmit over charging.

£1286.00.

IT's only taken ;

letter requesting total charges(data protection)

letter of request

letter from RBS (sandy watt) of acnolagement

LBA

letter giving RBS 8wks (from first letter) to settle before fo involved

letter of offer

So to everyone out there who is helping all of us scardy cats THANK YOU for all your time effort and encouragement.

And to everyone who is reading all these success threads GET YOUR FINGER OUT AND GET YOUR MONEY BACK!!!!!!

[rory32]

Well done lornac :D

 

Great result!!