blokey versus RBS

[blokey]

HI there.

 

As many things in my life there is nothing straight forward. So I am looking for some help.

 

I have calculated from Jan 01 I have paid £2705 in charges to the RBOS, this excludes the Royalties charge and any charge refunds.

 

I live in Scotland, but am actively seeking work in the south east of England to live with my girlfriend.

 

Therefore should I change my address to her parents now (with their permission), and claim for this full amount, or should i start the £750 path and then claim for the remainder once I am in England?

 

I have already changed my banking to First Direct, so I am not worried about notice of closure or anything, but I do not want to draw this out either.

 

Any advice on how best to proceed would be appreciated, as I fall into so many different options in the FAQ.

[callumsgran]

Hi, if you have g/f's parents permission i would change address then claim from there, i think it would be easier in the long run for you, its up to ypu of course this is only my opinion. why bother making two claims?

[blokey]

OK I have sent the letter off to the bank recorded delivery. My Branch is their head office (as I used to work there in 1998) so just sent it there.

 

Now a case of wait an see. I have decided to claim from Jan 01 which gives me until Jan 07 to move to England. My girlfriend is a trainee solicitor and asking her to participate in minor fraud seems not to be a good idea.

 

If needs be I will make the initial claim for

 

However, I dated the letter today, so Monday 10th July will be Letter before action.

 

One question, what is the best way to phrase a claim when you are claiming for less than £750, do you indicated this is part of a larger sum?

[JMio]

There's nothing to stop you from making multiple claims of less than £750.

 

Ask for the full amount back with the Prelim Letter, then Demand the full amount back in the Letter before Action, then when it comes to submitting the Court Claim, just take it one at a time making sure that the total amount (including the £39.00 fee for bringing the case to court) is less than £750.

 

Once you've got that amount back, start another claim. There's every chance that the Bank might pay out for the full amount after the 1st Court claim anyway.

[blokey]

I assumed I would have to write to the bank with an LBA for each claim, which would mean with that, and the wait for court, each claim would take 2 months?

[JMio]

Nope, as fair as I'm aware you're ok to ask, then demand the lot back before Court, then submit as many seperate claims as you need to to recover the lot.

 

In theory, you could submit a seperate claim for each individual charge, so you could even argue that you're saving both the Bank & the Court time by choosing to lump a batch of them together.

[blokey]

I have just spoken to the nice people at Aldershot County Court.

 

They confirmed I only need an address for correspondence, they do not check this, and I do not need to be registered on the voters roll.

 

However, what is more interesting is that one woman said I could claim from Scotland, and issue the statement in the particulars of the claim

 

"I wish this action to be issued and served in accordance with the civil jurisdiction and judgements act 1982" which would allow the English system to issue a judgement on other jurisdictions within the EU.

 

Can anyone confirm this?

[blokey]

Folks,

 

I got back the standard reply today, however I also had the additional paragraph;

 

"Having reviewed your account, I can find no instance where charges have been applied when they were not properly due. They have all been associated with a lack of covering funds in the account at the time items were presented for payment. Accordingly, the charges that have been applied to your account must stand."

 

Any opinions? I am due to send the LBA on Monday (now cc'ing PP NsquiggleJSquiggle for Tommy Mclean). I have spoken with the County Court in Southampton now also and they have confirmed I can apply through them as long as I have a county address for correspondence.

 

Or would I be wasting my time?

[JMio]

Pretty standard response, just stick to your guns & follow your deadlines through.

 

LBA will probably be met with a similar reply

 

As for the claiming in England bit goes - it's probably worth a try. I'd considered this approach too so let me know if you do!