GWGW45 v RBS

[GWGW45]

Hello all this is my first post. I must say I am blown away by the level of support on offer in here, the expertise and the camaraderie. I would like to say I have read everything around, but after 3hrs non stop I am verging on being brain dead:) If anyone can recommend any particular threads then I would appreciate it!

I have calculated all the penalty charges levied against my account in the last 6 years, written to RBS, received a "we are looking into it" letter, replied saying not good enough, you have 14 days, and have heard nothing more.

The 14 days are up and I was just about to issue a claim when I discovered this place. Whilst it is inspiring, I am also frightened about the prospect of the possible fun and games to come. The total charges are in the region of £600 and I have claimed a further c£80 interest (calculated at 8% court level)

Despite the way RBOS are conducting themselves as evidenced in here I am determined to proceed. However, before I do so, I wanted to ask the assembled if there is anything I should do when filing the N1 that will make my life easier later?

Thanks in anticipation

G.

[rory32]

Have you looked in the bank tempates library with regards to particulars of your claim? If not here's the link http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[GWGW45]

Have you looked in the bank tempates library with regards to particulars of your claim? If not here's the link http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

That is brilliant Rory, thank you fo the pointer. I shall use this to fill in my N1.

 

Regards

G.

[Atlantic]

the irony is I think RBS are actually one of the better/ more efficient ones and if you're serious it does seem like they give you some sort of offer fairly quickly........ plus they're less liable to start playing with "dirty tricks" (closing down accounts, charging dormany accounts, threatening to close accounts, sending out ambiguous threatening letters quoting stuff like the Berwick case (guy who lost against Lloyds in B'ham) as a precedent)......................

[Atlantic]

if you want to see "bad" in action...... then have a look at some of the credit card forums and what people are saying!!!!

[rory32]

the irony is I think RBS are actually one of the better/ more efficient ones and if you're serious it does seem like they give you some sort of offer fairly quickly........ plus they're less liable to start playing with "dirty tricks" (closing down accounts, charging dormany accounts, threatening to close accounts, sending out ambiguous threatening letters quoting stuff like the Berwick case (guy who lost against Lloyds in B'ham) as a precedent)............... .......

They threatened me with taking away my current account and just allowing me a basic bank account with a cash card. Obviously, they didn't actually look at my account because if they had they would have realised they took away my current account facilities about 18 months ago and replaced it with a basic account.

[GWGW45]

the irony is I think RBS are actually one of the better/ more efficient ones and if you're serious it does seem like they give you some sort of offer fairly quickly........ plus they're less liable to start playing with "dirty tricks" (closing down accounts, charging dormany accounts, threatening to close accounts, sending out ambiguous threatening letters quoting stuff like the Berwick case (guy who lost against Lloyds in B'ham) as a precedent)......................

 

CHeers, I intend to file this evening, so time will tell. I will be sure to keep everyone on the loop.

 

For me the irony is that the reason I started off down this trail was that I went a few pounds over my OD limit for a matter of hours they stung me and they refused to refund it. So I said that if they would not refund I would go after all charges for the last 6 years, the rest is history.

 

What I really wish is that I knew all this 12 years ago. In those days I was struggling financially, trying get a business running and being shafted by the bank at every turn. In that time period I would guess that the charges for a 6 year period would have been several thousand:-( More recently I have been good as a result of earning more than I need to spend, but I have a wife who has yet to grasp the concept of checking the balance before spending. This is almost exclusively how I racked up the £600 charges.

 

Sorry for waffling!

 

G.

[Atlantic]

I think everyone has their story.......

 

In my case my suspicions were seriously aroused about just how "dodgy" the entire charges issue was/is by being able to negotiate (albeit really hard to do) my charges to be refunded by my branch. I was only able to get a few refunded......... but that was when I realised that it's really obvious something is amiss ...... if they are "negotiable".........

 

I only started to get really angry when I was contracting, had a low and insecure income, and the bank knowing full well I was hard up started milking my account for every penny I had...and didn't have - the charges themselves simply put me deeper and deeper into overdraft. My gf has the same issue with Natwest - and she believes it's a huge amount thats come off.........

[GWGW45]

Hi all

Well nearly there, but want to be sure I get the interst claimed right, from reading round it seems as though that getting this right is critical as failing to do so gives the banks a potential get out of jail card

 

My understanding is that I can claim the court interest rate of 8% from the date the unlawful charge occurred to the date of the judgement. Now I know I can calculate the interest from the date the charge was made to today's date, but how do you manage from today to the date of the hearing, is it calculated at the time of the judgement and added to the overall claim?

 

If any of the above assumptions are incorrect please shout, alternatively if this is all detailed elsewhere, wpuld you kindly post a link?

 

Thanks

Gareth

[Atlantic]

Hi GWGW45....

 

You're right about gettingt he numbers "right" for sure.....

 

I think the spreadsheets at the front page of this website detail the different sections you have to fill in and then they calculate itfor you but you claim for the following (for sure):

 

1. Charges

 

2. Overdraft Interest (automatically calculated on basis of interest levied on the basis of that charge coming off your account)

 

3. Interest at 8% (in accordance to s.69 County Courts Act)

 

4. It is very optional and quite risky for non-credit card companies (i.e. for all the banks) but you can "try" to get contractual, otherwise known as compounded, interest from them. I'm not sure how to do this, although I know there are spreadsheets for it - but I do know that in the case of RBS you're extremely unlikely to get it - at least from what i've read in all the case histories and threads........ If you're really keen on going for this "extra" interest then it might be well worth checking out the thread by Mcuth (Mcuth vs. RBoS) which has now been shifted accross to the "Won/ Successful" threads section. He tried to get it but was talked out of it by RBS's rather tough solicitors.....

 

Hope this helps.....

[Atlantic]

I'd also get your claim into the "system" as soon as possible......

 

the logic being that the sooner it's received by RBS then the sooner they'll start dealing with it - as your first offer will usually come from the bank, and then you'll get a second "realistic" offer after a few months of being inside the small claims legal system - but much later on and closer to the trial date. Equally I've got a nasty feeling that there'll be more district judges who are going to follow the example of the judge in Hull in striking out masses of claims in the coming months - so at least if you get things moving now then you'll at least be in the nice situation of getting one offer........