alanalana vs RBS

[Atlantic]

If you're living in England then claim through the English small claims system. It works on where you live - not where the bank is based...... and besides RBS has two headquarters for litigation purposes: one in London and other in Edinburgh.........

 

In England you can go back as far as 6 years under Limitations Act and claim up to £5,000 in small claims...........

[Atlantic]

don't bother sending any more correspondence - either they won't reply or if they do it'll be equally vague. I had exactly the same response.

 

simply proceed with your stated deadlines and concentrate on filing your N1 form. If you file your N1 form online, via Moneyclaim website, then it does only allow you a certain number of characters (which makes it fairly small), so if you would feel more comfortable with a larger N1 or want to use one of the templates, stored on the various threads here, then it's better to make the trip into the court house - the cost is the same - and as added benefit you might be able to gain from fairly knowledgeable court clerks behind the counter......

 

from what I've seen RBS has a tendancy of making you go all the way through the system right 'til the end (court date) before settling, but that said and they do seem one of the better ones and less liable to mess with bank account closures and letters threatening the results of the Berwick case for example......

[Atlantic]

you should submit the claim into your own (local) county court - but use the address of RBS in London (thier English litigation headquarters, as opposed to thier Scottish litigation headquarters).

 

There's a "sticky" with all the relevant addresses at the front of the RBS tab. You'd be welcome to copy (and modify!) any of the LBA letters and N1 form I posted on my thread, Atlantic vs. RBoS. Bear in mind I am claiming for two accounts, so if you are only claiming for one account then modify accordingly........

 

All the hearings, proceedings etc will also take place in your local county court...... if your claim even comes anywhere near to that stage, as they usually attempt to settle before then. Good luck......

[Atlantic]

if it costing you oodles (ink and paper)..... then you have every right to charge them oodles........ but at a much much later stage - when you're actually well inside the court/ legal system then you can apply to court for wasted costs order.

 

be prepared for a really dismissive, almost arrogant, reply when you submit your first LBA and simply stick to your timescales and you'll almost definately get something half decent out of them......

[Atlantic]

i'd say it'll read along the lines of "full and final settlement" - but for charges only i.e. no overdraft interest, no s.69 (county court 8%) interest, if you did add this, and certainly no court fees, if you've paid these.......

 

a lot of people are more than happy to settle on just charges only and as you, yourself, will be much better off than you would have been staying silent about bank charges issue, then it's your call whether to accept or not...... pursuing through the law courts is likely to get you more, but then it does carry more risks and headaches too.....

[Atlantic]

congratulations alanalana...

 

i'm glad it all worked out for you........... and I reckon you've got a point about what is happening at the moment with all the treatened strike outs - the risks of strike out are getting high now and I reckon there's more to come.......

[Atlantic]

alanalana........

 

well done!!............. i have to admit i did actually follow your example with a gentle "prod" email to sandy watt - just to see how far along investigating they were.....

 

i think i have my big fight cut out for me in the coming months with barclaycard...so given all the extra risks now (Berwick case and the knock-on to that with mass strike outs from judegs like the judge in Hull and talk of the same in London) I just wanted to play safe and bag some cash...... and get my "fight" at a later day, in this case with Barclaycard!!

 

thank you for keeping your thread updated....as i was really following your idea about the email!!

 

good luck with HSBC - the biggest bank in the world i'm sure can afford a big payout to all of us lot!!