mcuth v RBoS ***WON***

[mcuth]

Thanks folks - am ecstatic - I actually thought they'd defend this to the hilt with the Limitation Act being argued on ~97% of the charge. Still, I'm not going to complain

 

Of course, you will note that rather than complain, I shall just PMP laughing for a long time to come

 

Now, please would you be so kind as to excuse me while I go to my local and get completely slaughtered in celebration? Thank you eversomuch for your understanding

 

Cheers

Michael

[mcuth]

Thanks all - I wasn't quite as slaughtered as I thought I might be, but I had a very enjoyable evening with some friends, and I do have a 4 day weekend still to go

 

The cheque's here - as promised, it arrived by Special Delivery (by 9am). I think I'll just look at it and smile for a while before taking it to the bank

 

I honestly have no claims left to make (well, there's one small charge on my Co-Op account, but I guess I can take it a bit easy on that one ). It's quite depressing really, since the whole charges thing has pretty much been a constant since last February! Don't worry though, I'll still be in CAG, helping folks to reclaim the right

 

Perhaps you might consider freelance scathing-letter writing?

 

LOL - now that's a possible career direction

 

Cheers

Michael

[mcuth]

Ok, ok, I'm back into some sort of a groove after a long weekend getting absolutely trolleyed. Not long before another 4 day weekend though, and much more beer to drink then! Let me do some replies, since I've been slacking:

 

Well done Michael, have you considered, "a wasted costs order" check this thread. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

 

Thanks - I'm aware of the unreasonable behaviour stuff, but no, I'm not going to issue an order for costs on that. Primarily because I don't think they acted unreasonably - I think they had every right to defend on a Limitation Act defence, and (as I've said all along) I was prepared for them to defend it all the way. In fact, I don't think anyone was more surprised than me that they actually offered to settle last week! I was completely set for my day in court on Monday (and GaryH & Livelylad had booked time off work to come along too!), and was quite frankly gobsmacked that they dropped the chance of getting the strike out.

 

Of course, that only makes me think that we're completely on the right track with the s32 arguments and that the banks are scared of opening pre-6yr floodgates too - but it doesn't change my mind that I think they acted reasonably, and to that end I don't feel justified in attempting to get costs on the basis of unreasonable behaviour.

 

Congratulations Michael, You have worked extremely hard for this. Enjoy your win.

 

Thanks - I have been doing!

 

to be honest i personally didnt think you would get too much trouble (atleast in court) from them. Its all a game of poker mate, you must have had a really blank expression

 

Apparently I do blank expressions really well

Funny you should mention poker - I played in my first "live" tourney the other weekend and finished 4th (ok, it was only a 16 player tourney, but I thought that finishing in the last money spot for my first "live" tourney was pretty good).

 

still wish you had pushed on the CI but under the circumstances, well played and enjoy it.

 

Thanks - I think sometimes you just have to....."know when to hold 'em, know when to fold 'em, know when to walk away, and know when to run".....

 

Michael - rather than free-lance scathing letter writing - what about checking out something specialised like financial journalism?

 

I had something in mind similar to Martin Lewis: MoneySavingExpert: Consumer Revenge - Credit Cards, Shopping, Bank Charges, Cheap Flights and more .......but i know from old housemates it is a tough field to break in to.....

 

Oooh, interesting - not quite sure about journalism, but if I went into MFL territory, would I have to wear the same pink shirt as he does?

 

Michael - You are my HERO!!!

 

*blush*

 

I've just read your thread from start to finish and I'm extremely impressed. I didn't understand half of what you were going on about, but I think half the battle is making them think you do (and you did).

 

Well, thing is that it all makes sense - it's more a less a case of research, research, and then some more research, then batting ideas around in this place....

 

Does anyone know if I can make an estimated claim - I'm sick of them setting the timetable.

 

I wouldn't do an estimated claim - I'd be contacting the ICO and making a complaint to them over the non-compliance with the DPA, and also be considering issuing a County Court Claim to get them to comply with your request in full.

 

T4FF gave you good advice, he's right about your own thread (post a link to it and I'm sure you'll get some visitors) though I'll leave your posts here cos it's not much of a sidetrack

 

Wow Michael, you've even got "chicks" throwing themselves at you

 

Always a first time for everything! LOL

 

P.s. Mcuth Can I highly recommend you sent up a bank charge re-claim business - you would never need to work again LOL!

 

LOL - you know, whilst that sounds like a good idea (and thanks for the kind thoughts), my morals & ethics wouldn't let me do something like that - not when CAG was set up so that the consumer could empower themselves and take their own decisive actions. I'd rather help out here for nothing and know that someone's benefitted by gaining a bit of knowledge and been able to stand up for themselves against "the big boys", all without them having to pay someone else 25% for the privilege

 

Cheers

Michael

 

(Peeee-essss, I wish the limit for smilies wasn't set to 6 - I could've used sooooo many more, lol)

[mcuth]

Did RBS ever realise their threat to close down your bank account with them or "....reassess your banking needs with them" as I think they put it in one of their letters to you earlier?

 

Hmmm, not sure actually - the account's been dormant for years, and would now only be used to service a loan that's been in dispute (& breach of CCA) for 4 years! So even if they did close it, it wouldn't be any sort of hardship

 

BTW, I still haven't had the actual letter of settlement from Cobbetts - just the brief letter that accompanied the cheque *shrug*

 

Cheers

Michael

[mcuth]

Sorry, I should've updated - I received Cobbett's letter in the middle of last week. Nothing shocking, "your claim is bound to fail", etc.. etc.. - no confidentiality clause, and copies of a notice of discontinuance to sign & send to them & the court.

 

I did actually download the notice of discontinuance in PDF form and fill it in on the day I got the cheque - sending a letter of acceptance & a copy of the NoD to Cobbetts & the court.

 

Good job I did it meself first really, otherwise the court would've been waiting for nearly 2 weeks for the NoD!

 

Cheers

Michael

[mcuth]

Forgot to mention, I got a further letter from "The Cornerstone":

 

I have been handed your correspondence dated the 20th April 2007, once again I apologise for the problems you are experiencing with this matter. To further investigate your claim I have to order copies of your statements so that I can validate the claim. The statements can take up to three weeks to arrive at our office but I will deal with your claim as a matter of urgency and have an offer sent out to you as quickly as I can once the statements arrive.

Thank you for your continued patience in this matter.

 

Left hand, meet right hand - you have no idea what each other are doing :rolleyes:

 

TBH, I'm not going to respond, I'll just see what they come up with next.....LOL!

 

Cheers

Michael

[mcuth]

Fantastic reading. Balls of Steel. a real inspiration!

 

*blush* - thanks

 

Could anyone tell me were to start a ***vs thread? and where to find live chat?

 

You need to select the forum for the bank that your claim is against from the list here. You do that by clicking on the link for that forum and pressing the button. Then when you've typed everything you want, click the "submit new thread" button.

 

There's no chatroom at the moment, see this announcement - not sure when it'll be back.

 

Cheers

Michael

[mcuth]

So impressive what you achieved.

 

Thanks

 

Rbos owe me 5600 including interest. They have offered me 2997 as full and final settlement, I'm really tempted to accept, am in such a dreadful financial situation it would be totally unbearable to end up being saddled with their court costs etc, but your thread makes me think I should fight them ....and feel hopeful i might win....:-?

 

Now, see, that's precisely why they offer lower amounts - they rely on people being in a financial predicament and they play on that. Hold out for what's rightfully yours, follow the process & play the long game - it'll come in the end, just keep the faith

 

Cheers

Michael

[mcuth]

Sorry to hijack your thread, but could you please tell me how to direct you to my thread and post a link to it, as I need some advice quickly on my next move? - http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/26960-flyboy80-rbos-3.html, unless this is what you mean ??

 

Yes, that's what you should do - or you can use the PM system.

I'll pop over and take a quick look tonight.

 

Cheers

Michael

[mcuth]

Received another letter from RBoS that reiterates their offer of £50.00 credited to my account to settle the claim Time for a reply ending their pathetic charade:

 

Dear Mr Douthwaite

 

Thank you for your letter of 22nd June 2007.

 

Your letter states “Should you wish to approach the Financial Ombudsman Service, please let me know and I shall arrange for the Bank's confirmation of Final Response to be issued” – in my letter of 20th April 2007, that unless your department was willing to move from its position, we were at an impasse and the only further communication required from you would be the “Final Response” letter. You comprehensively failed to read & understand this point and continued to “investigate” the complaint.

 

In my letter of 20th April 2007, I also advised you that you should not “insult me by responding with further references to either this [the £50.00 offer], or a credit to the account”. Yet again, you failed to read & comprehend this and still refer to both this offer and a credit to the account. You insult my intelligence and show yourself to be lacking in any customer service skills by continuing to ignore the points I make, and regurgitate the same standard responses. Indeed, at all stages you have been advised that the complaint was subject to court action in Swindon County Court, but you continue to state that you would not refund any legal or other costs!

 

In a final parting note, I shall put you out of your misery on this subject – after negotiation with your solicitors, Cobbetts LLP, on 26th April 2007 (before our scheduled court hearing of 30th April), your Group Litigation department issued a cheque in the sum of £4436.19 in full settlement of the claim (this includes all charges dating back to 1999). This action makes a complete mockery of your “final offer” of £50.00 to be credited to my account and your department’s continued obstructive position – it also brings into question your internal communications practices, which are clearly flawed and quite frankly leave plenty of room for improvement.

 

Finally, I would advise that you save yourself the embarrassment of further communication and read & understand the above in its entirety.

 

Yours sincerely

 

Cheers

Michael

[mcuth]

can you please help,i have sent of my L b A ,wich was around 5 weeks now,and still no reply

what do you think the best aproach would be ,

direct contact or court action

 

Simple answer - court action (really, you should've done that 3 weeks ago). Follow the timescale and take the actions that you've informed the bank you will do in your communications - it's their tough luck if they don't respond in time

 

One thing you need to do here though, is create your own thread so you can document your claim and ask questions on it.

 

Cheers

Michael