Chezt v RBS Joint Account

[Yanni]

Have you actually had a letter from RBS at the Gyle offering you anything since their first letter?

 

The normal pattern seems to be that they will send you a letter offering a percentage of your claim, which you should accept but only as a part of the full claim of the charges, then some weeks (3 or 4ish) later they will offer you the full amount, which you should accept unless your determined to go to court to obtain interest but I believe this is not recommended and that you should accept full amount of the actual charges you're claiming.

 

That is certainly my experience.

 

BTW Sandy is a she, or so I've been told.

[maxine989]

Hi Chezt

 

No... didn't think you were iggy m'dear.. I do it myself sometimes (forget to check an thread which gets put to the back of my mind for a while).

 

Anyway... the CI thing... I woulnd't worry about notifying RB of S of any changes in your approach to CI. They probably haven't really been taking much notice of the content of your letters up to now anyway. The main thing is getting your POC right... and obviously they will receive a copy of that once the claimed had been deemed as served.

 

I myself am about to file at court for Barclaycard and am trying to complile a good POC regarding CI. It's difficult to know how to word it... I went for something like this:

 

15. The Claimant claims APR using the Defendants own current published rates of 27.9% APR. The Claimant’s grounds for seeking a compounded rate of APR interest are:

 

a) that the claimant is charged the defendant’s rate of APR on the all charges levied by the defendant and so claims this rate based in equity and a legal requirement for fairness and balance.

 

b) that the defendant's conscience was affected upon payment of the charges giving rise to a constructive trust.

 

c) that fiduciary duties owed due to b) were breached by the wrongful and unlawful nature of the charges.

 

d) that the Defendant would be unjustly enriched if the Claimant’s entitlement was limited to the statutory rate of interest in that the Defendant has had use of the sums and would have used those sums to re-lend at commercially compounded rates.

 

e) that the interest claimed is therefore deemed by the Claimant to provide an equitable remedy.

 

16. The Defendant is clearly in a privileged position to have had direct means of debiting amounts from the Claimant’s credit account. Since it was clearly not in the Claimant’s contemplation when entering into the contract, that the Claimant would authorise the Defendant to debit unlawfully high charges and interest thereon to the Claimant, then the charges and resultant interest were taken by the Defendant from the Claimant without prior permission.

 

17. With reference to paragraph 16 The Claimant holds that this method of debiting amounts, by in the way of penalty fees by the Defendant, the Claimant is then obliged to pay the Defendants current rate of APR on that debited amount. For the contract to confer advantageous terms on one party (the Defendant) where there is no comparable term in favour of the other party (the Claimant) is to create an imbalance in the parties’ rights and is contrary to the requirements of Regulation 5 (1) of the Unfair Terms In Consumer Contracts Regulations 1999 (“UTCCR”). The Claimant so claims interest at the same rate and in the same manner imposed by the Defendant upon the Claimant. A schedule of the interest calculated in such manner is annexed to the Particulars of Claim

 

I've had some feeedback from memebers saying that fiduciary is much the same as M&R... and so it is not worth talking about... and then there is the complications regarding equity... so I am still working on it all. I probably wont file at court until early next week so I can make sure I have got it right.

 

Let me knoe if any of this helps and what you are going to put in your POC.

 

Mine is a credit card claim and so is slightly different with regard to the CI.

 

Anyway... hope all is well in your camp.

 

Maxine x

[chezt]

Have you actually had a letter from RBS at the Gyle offering you anything since their first letter?

 

The normal pattern seems to be that they will send you a letter offering a percentage of your claim, which you should accept but only as a part of the full claim of the charges, then some weeks (3 or 4ish) later they will offer you the full amount, which you should accept unless your determined to go to court to obtain interest but I believe this is not recommended and that you should accept full amount of the actual charges you're claiming.

 

.

Yup had an offer of just short of the charges alone .... It has been some weeks since I refused (twice) & they haven't made another offer so I'm gonna be filing me thinks!

 

BTW Sandy is a she, or so I've been told.

Nope HE is definately a HE .... Well the one I spoke to was anyway!

[isidore]

I'd like to wade in on the old he she debate. I'm pretty sure people have said they have talked to 'Her' before??

[chezt]

Hi Maxine - You actually posted while I was away on holiday & it seems the subscriptions only advise you for so long when there are new posts before they are no longer highlighted!

 

So that's good news at least then that I can just use my 'new reason' in the POC ... thanks so much for posting yours .. I'll have a good read when I have more time & see if I will be able to use some of it .. very kind of you & thanks again!

[chezt]

I'd like to wade in on the old he she debate. I'm pretty sure people have said they have talked to 'Her' before??

 

Perhaps there are two then ... The one I spoke to was Sandy Watt ..... ?

[Yanni]

Yup had an offer of just short of the charges alone .... It has been some weeks since I refused (twice) & they haven't made another offer so I'm gonna be filing me thinks!

 

Nope HE is definately a HE .... Well the one I spoke to was anyway!

 

How short?

 

Maybe you have claimed for unclaimable charges such as Royalties Monthly Fees or other such charges which you cannot claim back - this I believe is why the guy Berwick failed in his claim against Lloyds back in April as he was claiming what are legitimate fees and not unlawful charges

 

- in my claim, the bank actually gave me more money than I claimed:) - perhaps before you proceed you should check what charges you are actually claiming, weeding out any that may be unclaimable or perhaps ask your pal Sandy why they are not paying your full claim.

 

I have not actually spoken to Sandy, altho have spoken to a few of the staff at RBS CRU who have all been friendly and helpful, but I do believe it is more probable gender is male as "Sandy" does tend to be the male of the species with "Sandie" or even "Sandi" being the female.

[vonnie32]

I spoke to a Sandy today at RBS (Gyle) didn't give her second name but was definetely a she! But could be a completely different Sandy.

[chezt]

I spoke to a Sandy today at RBS (Gyle) didn't give her second name but was definetely a she! But could be a completely different Sandy.

 

Sandy Watt (Not what ) was the male one I spoke to .....

[chezt]

How short?

 

Maybe you have claimed for unclaimable charges such as Royalties Monthly Fees or other such charges which you cannot claim back - this I believe is why the guy Berwick failed in his claim against Lloyds back in April as he was claiming what are legitimate fees and not unlawful charges

 

- in my claim, the bank actually gave me more money than I claimed:) - perhaps before you proceed you should check what charges you are actually claiming, weeding out any that may be unclaimable or perhaps ask your pal Sandy why they are not paying your full claim.

 

I have not actually spoken to Sandy, altho have spoken to a few of the staff at RBS CRU who have all been friendly and helpful, but I do believe it is more probable gender is male as "Sandy" does tend to be the male of the species with "Sandie" or even "Sandi" being the female.

Prob a bit late to reply to this now ... dunno how I missed it before! I have only claimed referral charges, unpaid items fees etc - no royalties at all - they didnt send any details as to how they had made their calculations tho so nowt to compare against!

 

Telling me to contact Sandy again about what they are not paying has just given me an idea how to approach my letter advising them that I still want this claim leaving open & on hold till the test case is decided tho so thanks!