Barneybubble Vs RBOS (2) £12430.00

[hedgey06]

If the total of your claim is:

 

Charges + s69 8% interest + court fee = 'Total'

(plus interest pursuant to ............. at 00.xxxx pence per day)

 

Then you've done the claim correctly. If you haven't done this, phone Northampton court and explain.

[hedgey06]

Blimey, you're confusing me now as well!!!

 

If you've entered your charges into something similiar to one of these 6. Interest calculation spreadsheets (which calculates when the charge was applied to your account and calculates the 8% interest from that date) then that's the first step correct.

 

So if you're claiming the charges + the interest worked out on each charge as above + court costs............ you've done it right.

 

If you've added another 8% on top of that amount............... that's incorrect!!!

 

Which one is it?????

[hedgey06]

Think I've just managed to figure out your previous post !

 

You've claimed your charges, plus overdraft interest, with the 8% calculated on each individual charge?

 

At prelim and LBA, you've attempted to recovere the charges, plus overdraft interest?

 

At court stage, you've added the 8% on (calculated previously on each individual charge) and then added the court fee on?

 

If you have ................... no worries.

 

I'm off to bed................. my brain hurts!!!

[hedgey06]

xyz............. abc.............. I'm definitely going to bed in a minute!!

 

Bigmac will correct me if I'm wrong, but I don't think it's a major problem - at least you know what the individual charges are and what the 8% interest is. At least you've not added the 8% interest on twice.......... which was it originally sounded like!!

 

What d'ya reckon bigmac?

[hedgey06]

Can you tell me exactly what type of account you have with RBoS please? Also, which PoC (particulars of claim) did you use for your claim?

[hedgey06]

Thanks barney. I'd advise you to formally amend your claim (you don't need to OK it with Cobbetts though). What you'll need to do is file an amendment to your claim via the courts.

 

What I suggest you do is have a really good read of this thread. It explains exactly what you need to do to amend your claim to ensure it isn't struck out in court.

 

Firstly, download the N1 form and save it to your pc. Copy and paste the PoC in this thread onto the N1 form and make sure your calculations are accurate on the front page (charges, interest, daily rate of interest, etc). You can't save the changes on the N1 form so make sure you get everything 100% accurate, then print off 3 copies and attach a copy of your schedule of charges to each one.

 

Secondly, download the N224 form and complete it using the guidance in the first link I gave you above. Print off 3 copies, attach to the front of each N1+schedule of charges and take them to the court office along with the £35 fee. The Court will then amend the details, re-seal the claim, return it to you and it is then your responsibility to re-serve it on RBoS. Ensure that you keep a copy of the sealed N1 for yourself too. Once you have served the claim you should send the Court a completed certificate of service which is here along with a copy of the N1 so that the court knows when the bank need to respond.

 

You'll probably need to do all of this once the stay is lifted - but I'll check this out and post back later.

 

When you post back later, can you let me know if you have any relevant T&C's for the account please Barney?

 

Cheers, hedgey

[hedgey06]

Should I be writing to the court requesting the stay be lifted? Should I detail again all of the charges (they have the info about the type of charge) seeing as how I sent a copy of the charges to them again, when I copied them into the list I sent to the court when ordered??:?

 

Hi Barney - sorry, I haven't been online today (footie with the kids!)

 

Write a letter addressed to the Court Manager (c.c. Cobbetts) quoting your claim number and respectfully confirming as per attached letter from the Defendant (e.g., Cobbett's letter) that you would like your claim to proceed. On the letter, state something like "please find attached, a copy of my schedule of charges as requested by the Defendant". That way, Cobbetts can't say yet again that they don't have a copy of your schedule!

 

Attach a copy of your schedule of charges and a copy of the letter from Cobbetts - that way you're covered on all angles. Take the letter to the court personally if possible. If not, send both letters (court and Cobbetts) first class recorded or special delivery.

 

With regards to the T&C's, we could really do with seeing a copy of Cobbett's defence if possible. You could then send them a part 18 request demanding the original T&C's from the year your account was opened with them.

 

If you can post up a copy of the defence (if possible) please do so, we can then support you to put a part 18 request together.

 

Hope this helps a little Barney, please keep in touch

[hedgey06]

Reading the previous replies I have followed the advice to change the POCs to a recognisable form and printed 3 copies (N1, N244, spreadsheet). I will write to the court requesting the stay be lifted and if it is that my POCs are changed.

 

Does this sound OK?

 

This definitely sounds OK barney - particularly with the defence that you've received from Cobbetts as they've obviously picked up the limited PoC from when you initially filed the claim. In all honesty, I don't think you have any other option but to do the amendment with the new PoC to allow your claim every chance of proceeding.

 

I'll check about the part 18 request for the T&C's and get back to you asap. x

[hedgey06]

Just an additional update from above barney, I've checked about the part 18 request and you can hold off on this for the moment.

 

However, from the defence filed by Cobbetts, you will need to make a couple of additions to your new PoC (sorry - more printer ink!) to take into account that they've picked up on some pre-six year charges.

 

Re-do the N1 to add in the following (you may need to attach an additional sheet to the N1 as there may not be enough space to fit everything on):

 

5. Limitations

 

a). In so far as any charges relating to the period before xx/xx/xxxx, the Claimant wishes to invoke s.32 (1) (b) of the Limitation Act 1980 in that the Defendant deliberately concealed the true cost of administering the contractual breaches committed by the Claimant and thus essential facts relevant to the Claimant's right of action have been concealed and continue to be concealed by the Defendant.

 

b). Alternatively, the Claimant seeks to rely upon s.32(1)© of the Limitation Act. The Claimant paid the charges in the belief that they reflected the true cost of administering the contractual breaches. The Claimant has now discovered, following revelations relating to a similar organisation, that the true costs are much lower and that the belief held by Claimant was in fact mistaken.

 

This then covers you at a later date should Cobbetts attempt to have the pre-six year charges struck out from your claim. x:)

[hedgey06]

Go for it barney - have everything ready and in place ready for the DJ to consider.

[hedgey06]

Hi barney, that's great news about the stay being lifted.

 

Did you manage to get your amended PoC into the court?

 

Nice to see you back by the way.

[hedgey06]

That's excellent barney - and I don't blame you for waiting! At least you've paid the fee knowing for sure that the case is proceeding. I'm sure the DJ will approve the amendments, so fingers crossed that we see some forward movement on this for you soon. x

[hedgey06]

I've never been called barney before........... makes a change from hedgey though!!!

 

Don't worry about the charges that are older than six years in this claim as they've been addressed in your new PoC. Plus, when you start to put your court bundle together, you'll 'cover' the older charges anyway. With regards to the charges that they've recently added on though............... they're claim number two! x

[hedgey06]

Hi Barney, I agree with lancasterchelsea, their offer is incredibly low.

 

I'm a little worried about some of the contents of the letter you've received though. Certain 'charges' can't be reclaimed on a business account as they're legitimate fees for services provided to business customer (e.g., if you request that a cheque is stopped, this would incur a legitimate service charge, as would overdraft arrangement fees, account maintenance fees, etc).

 

Before I can advise you any further on their offer, could you post up exactly which types of charges you've listed in your claim please? I'll be back online around 7ish tonight so I'll take another look at your thread later. x

[hedgey06]

We're right here when you're ready barney. x

[hedgey06]

Barney, my first thoughts are that I'm a bit worried about some of the charges you're trying to reclaim. Firstly, when you say 'monthly charges', do you mean things such as the monthly account maintenance fees, clearing fees (e.g., small amounts for cheques clearing), etc.???

 

Also, you seem to be paying an awful lot of money for online banking. Are these charges purely for using the online banking system or are they actual penalty charges such as:

 

Excess borrowing fee

Unpaid DD fee

Referral Fee

Cheque Return fee

Unpaid cheque

Unpaid S.O fee, etc

[hedgey06]

Are they offering to refund all penalty charges barney? If they are, I'd recommend settling the claim with them (which has the bonus of 8% interest on it) and forgetting about the other fees.

 

However, if they're not offering to settle all of the penalty charges in full, it could be time to start some negotiation with them.

[hedgey06]

I'm here hun! The link you'll need for the personal PoC (RBS) is this one http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/110284-new-rbs-poc-n1.html

 

And if you're accepting their offer on the business account, I think it's a wise decision hun. As they're offering to refund all penalty charges, I think this is what you can call a great result.

 

Well done - you've done a fantastic job. And, fingers crossed, you'll have the cash in time for xmas as well! xxx

 

EDIT: can I just add that I think you need to revise your business banking arrangements. You're paying way too much money for online banking barney. Don't let them take your hard-earned cash like this.

[hedgey06]

A thought before bed. If I used the interest charger I could be apprx £400 short. Do I say I want EVERY PENNY WITH COMPOUND INTEREST?

 

Might be a bit late to change the horse mid-race barney.

[hedgey06]

Lol......... could you please inform my husband of that barney? He thinks I'm potty!

[hedgey06]

Nice one barney! x

 

Is it time to get your thread changed to ***won***?

[hedgey06]

No worries barney!

 

And don't forget, any charges that have been applied to the account since the date of the last charge on your current claim = business claim no. 2! x