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Mancdaz v RBoS ***WON***


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Hi

 

Just today started reading through this amazing website, which was given to me by a colleague, who has successfully been through the process, and reclaimed over £2000 worth of bank charges.

 

This site is excellent, and has given me an excellent knowledge so far of what is required to start the process rolling.

 

I have been trying to get all of my bank statements together for the last 6 years, I do have the vast majority of them, but there are still a few I am missing. Once I am certain exactly which statements are missing, I will be contacting my bank, The Royal Bank Of Scotland for copies of the missing statements, then I can start working out exactly how much in penalties I have incurred over the last 6 years.

 

Any advice of assistance any experienced members could offer would be most welcome.

 

Darren

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Hi and welcome to the forum.

Some of this info you will already know, so I apologise if you have already seen some of it.

The process that you will follow is relatively easy but IS NOT a get rich quick scheme. Spend time reading the FAQ pages as this will stop you making mistakes along the way, and is the most important part. Read as many threads as your eyes will allow, you will gain invaluable knowledge which will give you the confidence you need. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere. Then start your own thread under the relevant bank and other users will help and guide you along the way. This site is all about EMPOWERMENT and you will gain the confidence that you will need.

But remember, this isn’t a game. You are taking on large institutions which MAY lead to court, so far it hasn’t, but it may do. We will all be there if you end up being the ‘chosen one’ so don’t worry, it’s a long way off. But you do need to be prepared.

Everyone is very friendly and keen to help. Dave and Bankfodder have done a great job in producing the site, and all the moderators and helpers really are a very helpful bunch.

Please also understand that any advice that you receive is normally based on experience and expert advice should be sought if needed.

I have put some useful links onto the thread that you can refer to when needed.

Oh, and if they are useful please click on my scales at the bottom. This just shows that I have been a good boy!!

Good luck. See you at the other end……

FAQ’s

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

Letter Templates

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

Interest Spreadsheet

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

Court N1 form

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

Court Bundle

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

Bank Contact Details

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html

Moneyclaim Online

https://www.moneyclaim.gov.uk/csmco2/index.jsp

AQ Guide to Completion

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

Court Fees

http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm

Data Prot Act Non Compliance

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

Rejection of Settlement

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

ERC Letter for Mortgages

http://www.consumeractiongroup.co.uk/forum/post-432747.html

Witness Statements for Court Bundle

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-etc.html

Banking Code website

http://www.bankingcode.org.uk/faq.htm

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darren just to let you know i know how you feel i have bad debts and th ebank havent helped. i posted my sar letter asking for all my statements last week so i am eager to get started. i have read the faq on here but i have to print them out and read them over and over again . there are some wonderful people on here and due to their encouragment i ham willing to go for it. i will watch your thread to see how you go on good luck

linda x

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Good Evening everyone.

 

I have been busilly collating all of my previous bank statements for the last 6 years, I have the majority, but still a few to find. The question I want answering is

 

Every month I am paying interest on my overdraft, this ammount is variable every month, and comes out on the same day as my other bank charges, somewhere around the middle of the month. Can this interest payment be claimed back on my spreadsheet I have started to put together.

 

Many Thanks

 

 

Darren

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Depends on what spreadsheet you are using. No it can't be simply added as a charge because not all of the interest is claimable. The percentage of your interest charge that is accrued as a result of your bank charges is.

 

For example, if you are £500 overdrawn, made up of £100 charges. Then a fifth of the interest charge for that month can be reclaimed as it is as a result of unlawful charges.

 

Some of the spreadsheets have an interest charged column which calculates this for you. If you wish to claim this back, I suggest moving to one of these spreadsheets as it does all the calculations for you.

  • Confused 1

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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  • 3 months later...

Just recieved 6 years of statements back from RBS. In total i can find slightly over £3000 of charges. I am considering including a wealth of statements going back to 1998, As I have been reading the thread that states it might be possible to claim back further than 6 years. My list Pre 6 years is not conclusive, but may add up to another £1000 or so..Has anyone successfully claimed back charges before the 6 year Limitation period??? if so was it successful????

 

Secondly, is my next move once I have settled on a final figure, to Inform the bank of the ammount I feel i have been unfairly charged. Do I need to include the full spreadsheet, or just a figure at this stage???

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Just been through All of my statements for the last 6 years, and also calculated the interest that has been levied due to being over my agreed overdraft at the time the interest was take out, and the total I have icluded in my Preliminary letter is....Ta Dah.....£2827 plus £161.28 in interest giving me a grand total of £3988.28. This is the ammount I have stated on my Preliminary approach, and it is the figure that my Schedule of Charges states as well. I am emclosing a copy of my Schedule of charges as well.

 

I am looking forward to going to the post office tommorow and sending the package recoded delivery.

 

Things are starting to make a lot more sense, and become a lot clearer to me now, thanks to many wonderful people who are registered in this group, and offer support and help along the way. I cannot thank you enough...

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Just been through All of my statements for the last 6 years, and also calculated the interest that has been levied due to being over my agreed overdraft at the time the interest was take out, and the total I have icluded in my Preliminary letter is....Ta Dah.....£2827 plus £161.28 in interest giving me a grand total of £3988.28. This is the ammount I have stated on my Preliminary approach, and it is the figure that my Schedule of Charges states as well. I am emclosing a copy of my Schedule of charges as well.

 

I am looking forward to going to the post office tommorow and sending the package recoded delivery.

 

Things are starting to make a lot more sense, and become a lot clearer to me now, thanks to many wonderful people who are registered in this group, and offer support and help along the way. I cannot thank you enough...

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  • 2 weeks later...

Just sent off my Preliminary Approach Letter to RBS for a total of £4902.82. This is for charges dating back to 1998. I am looking forward to hearing from my bank within 2 weeks, see if they mean to contest the ammount, and go to strike out the charges pre 6 years...I am feeling generous because it is the bank holiday, I will give the bank 2 weeks to reply from Tuesday 8th May...

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Just sent off my Preliminary Approach Letter to RBS for a total of £4902.82. This is for charges dating back to 1998. I am looking forward to hearing from my bank within 2 weeks, see if they mean to contest the ammount, and go to strike out the charges pre 6 years...I am feeling generous because it is the bank holiday, I will give the bank 2 weeks to reply from Tuesday 8th May...

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Hi Darren

 

Congratualtions, you have really got your head around the process and seem to be on top of what your are meant to be doing. Just a little pointer, try posting your thread in the RBS forum, there you will see how others have got on with their claims.

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/

It really does make a difference. I suggest your thread to be called Mancdazuk v RBS. There you will be able tp post questions you may have, any queries you may get from reading the banks response to your letter and it is great as a diary so you know what you did and when you did it.

 

Hope this helps

All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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well done darren i will keep my fingers crossed for you. i have filed on mcol for £5105 that includes costs and 8%interest barclays have offered me £3000 but said thanks but no thanks kepp going

linda

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Many thanks for your words of support Mrs Foot. I have also copiedthe same information into a thread I started in The RBS forum, It is a duplicate of the information I have in this thread. i started this thread when I became a member, it seemed logical to keep it going..it is in 2 places then. It does act as a sort of diary, and I have called it Mancdaz v RBoS.

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well done darren i will keep my fingers crossed for you. i have filed on mcol for £5105 that includes costs and 8%interest barclays have offered me £3000 but said thanks but no thanks kepp going

linda

 

Many thanks for your info. As a point of interest was your initial claim for £5105, was that for charges dating back 6 years or was it for longer, and they have struck out the pre 2001 charges, making your offer lower than what you work it out to be???

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I have merged yur threads please stick to this one.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Just recieved a standard letter of acknowledgement back from RBoS, stating they are currently considering my claim and will respond as soon as possible. It is now a matter of keeping to my timetable of events...not theirs. They have until 22/05/07 before I send my LBA... They might start taking it a little more seriously now.. I will keep you all informed.

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  • 2 weeks later...

Well 2 weeks are about to elapse (22/05/07), And I have heard nothing further from RBoS since the standard fob off. So I will be posting My LBA tomorrow. See if this gives them a preverbal kick up the**** that they desperately need. They have got to start taking my case a lot more seriously now, and I am more determined than ever to see this through to whatever conclusion. More updates will follow shortly...I hope... I still have a nagging doubt in the back of my mind about the revelations of last week, and the unfortunate case that was upheld...I keep thinking I am going to be number 2...Is this normal??? Anyone else keeps thinking the same thing???

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If it makes you feel happier, I received an offer today from RBOS 3 days before court hearing due, so I wouldn't worry too much.

 

My advice for what it's worth is post your LBA get your Court Papers filled in and ready to go, don't expect any replies to your LBA and file in 2 weeks time and sit back and wait for them to make you an offer.

 

Good Luck

9/8 - Discovered Consumer Action Group Site:D

 

RBOS - Personal Account

10/8 - S.A.R - (Subject Access Request) to RBOS

17/5 - Defence lodged by RBS

24/5 - Court date

21/5 - Offer received:rolleyes:

22/5 - Offer rejected

25/5 - New offer received and accepted!!!!!!

 

MBNA Credit Card

10/8 - S.A.R - (Subject Access Request) to MBNA

Feb 07 Received payment in full...Yeh!!!!:-D

 

RBOS Business Account

25/5 - May 07 - Statements received

23/7 - Offered received

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Hi again Manc

 

You are doing fine, dont be too overly worried about the upheld decision. After reading the court papers linked to that claim there are a few reasons why this claim was not successful and there was a second claim refused on the same day...and this was for no other reason than the claimant in y opinion was half heartedly attempting to scrabble through the claim instead of seeing it for what it is...which is a serious procedure.

Send your LBA tomorrow....by recorded delivery so you have proof of delivery, make sure you send it to the correct dept and address! Then wait......2 weeks is nothing out of your life time so enjoy it by wondering and planning what you will spend your money on, because it willbe your again!

All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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thanks again Mrs foot. I am going to stick to the schedule. I probably am worry too much about the decision last week, it is only a tiny fraction of the ammount of successful claims. I think I am prepared, and doing things in the correct order, thanks to the help of severyone involved with CAG.

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Tough it out.. Stick to it mate.. stick to it... take your time and make sure every thing is in order. Stick to your plans. Carry them out. Part of you should even be itching to see them fall apart in court.

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In my letter the stated they are dealing with claims in date order and they are running behind with things hence the reason they e-mailed my offer to me and are desperate for me to call them tomorrow to confirm I have cancelled the court action!

 

So hang on in there they usually cave in just a few days before the court date so get your papers in promptly.

 

Good luck

9/8 - Discovered Consumer Action Group Site:D

 

RBOS - Personal Account

10/8 - S.A.R - (Subject Access Request) to RBOS

17/5 - Defence lodged by RBS

24/5 - Court date

21/5 - Offer received:rolleyes:

22/5 - Offer rejected

25/5 - New offer received and accepted!!!!!!

 

MBNA Credit Card

10/8 - S.A.R - (Subject Access Request) to MBNA

Feb 07 Received payment in full...Yeh!!!!:-D

 

RBOS Business Account

25/5 - May 07 - Statements received

23/7 - Offered received

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