chezt V RBS Mastercard

[bill-k]

Yeah, good, Chezt. You're only naming them - they bring the shame upon themselves by their own words and deeds !!

 

Heheh - Look who's talkin'

[chezt]

O.....M......G !!! What have I done ? !!

 

PLEASE may it be answer (b), Gizmo !!

 

PMSL ... Told u to be careful Bill didn't I?? :grin:

[chezt]

Definitely go ahead with your claim. timewasting tactic, nothing else. I'll be amazed if they mention it in court.

 

Well I still rec'd nothing in Saturday's post ... been a bit busy this weekend but am just working on POC ... need to word correctly ref contractual interest ....

[chezt]

Been really busy so haven't gone any further with this yet .. preparing POC & need to include in my wording to account for contractual interest & that I will accept the 8% statutory as an alternative ... here is what I've come up with so far ....

 

1. The Claimant has an account xxxxx with the Defendant, opened around xxxx. 2. Since xx.xx.xx the Defendant applied charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £xxx.xx; (b) Compound Contractual interest of xx.xx% - £xxx.xx continuing at xx.xx% until judgment or settlement at a daily rate of £0.xx; I claim in the alternative Interest per S.69 County Courts Act 1984 of 8% (£xxx.xx giving a total of £xxx.xx £0.xx daily rate) 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

Any comments/amendments gladly received as I really wanna get cracking with this ASAP ...ta!

Also, not sure if this will fit MCOL - anything I need to know about the N1 route???

[DNA]

N1 only differs at the start, in that you can issue your claim at your local Court as opposed to MCOL which issues out of Northampton. Once the Defence has been filed (I can predict what it will say and who it will be signed by!) then your claim would be allocated to your local Court by MCOL in any event - so there's not a huge difference. Not sure if you can pay the Court issue fee over the counter by credit/debit card but cheques are accepted.

[chezt]

I can predict what it will say and who it will be signed by.

 

Fortune teller are we ... give me the six no's for the lotto

 

Thanks for your reply - prob have to go N1 anyway as not sure it will fit on MCOL ... like MCOL 'cos u can view online etc & work at midnight etc when the baby sleeps! Presumably N1 can all be done via postal service to avoid trips to the court?

[DNA]

Yup, the N1 route can be done by the infamous Royal Mail - do it recorded delivery at the very least.

[bill-k]

Yeah - looks like DNA's got the T-shirt - well done, matey !!

 

..so what about them lottery numbers, then ??

[chezt]

do it recorded delivery at the very least.

 

BBlllleeeuuuurrrggghh!!! Don't talk to me about recorded ... sent 3 letters on 15th Nov n only one signed for ... others missing! Wonder if the banks are refusing them 'cos they know wot's inside!?

 

'I will send recorded tho ... thanks muchly:) '

[bill-k]

BBlllleeeuuuurrrggghh!!! Don't talk to me about recorded ... sent 3 letters on 15th Nov n only one signed for ... others missing! Wonder if the banks are refusing them 'cos they know wot's inside!?

 

'I will send recorded tho ... thanks muchly:) '

That is apparently why the courts serve claims by 1st class ordinary post. There is no option to refuse, and it can be deemed served when the post is expected to have been posted !!

 

Regarding yours, Chezt, it still seems to me that you paid your £1 for this deal: either I get a name, sig., and time - or I get it returned to me. So far, it's the PO that's at fault.

 

As mentioned on your other thread, I send 3 copies, and I get mine back duly stamped. That's as good as a PO Rec Deliv Sig I reckon. In fact, TBH, I now send my claims 2nd class ordinary post !!! What a tight-wad, eh ?

[chezt]

Regarding yours, Chezt, it still seems to me that you paid your £1 for this deal: either I get a name, sig., and time - or I get it returned to me. So far, it's the PO that's at fault.

 

Correct! I shall be claiming back my 2 squid!! I personally don't use 2nd class unless it's not really important - having been told it is now real low priority & can take up to 10 days to be delivered!!

[bill-k]

Correct! I shall be claiming back my 2 squid!! I personally don't use 2nd class unless it's not really important - having been told it is now real low priority & can take up to 10 days to be delivered!!

Cheers for the tip on that Chezt. Perhaps I'll live a bit in future, then !!

 

Regarding the PO - I was meaning go for "specific performance" of the contract, rather than money back. Make 'em do what it said on the tin !! Just for when you've got a quiet 5 mins.

[chezt]

Cheers for the tip on that Chezt. Perhaps I'll live a bit in future, then !!

 

Regarding the PO - I was meaning go for "specific performance" of the contract, rather than money back. Make 'em do what it said on the tin !! Just for when you've got a quiet 5 mins.

 

wot's that????? a quiet 5 mins???

 

So do u mean do more than just fillin in the claim form? What else can I do then Bill me 'ole furry friend? Ur surely not sugestin I sue Royal mail too??! PMSL!

[chezt]

POC nearly done ... using Mindzai's as a template (thanks Bill!!) Just need some clarification on what/how to deal with this bit ...

 

'c) the additional costs incurred by the Claimant in the writing and sending of letters to the Defendant pursuant to this claim in the sum of £XX, as set out in the attached list of costs. '

 

how much can you actually claim? Or should I just omit this bit?

 

Answers/opinions on a postcard please ....

 

*Actually no don't use the post at this time of year ..... !!!

[bill-k]

I have seen a few discussions on letters in my meanderings here, and a figure of £6.25 seems to have been the most widely agreed on. Well, I hate loose change, so I claimed £6.00 per letter. State how many letters you're claiming for.

 

As I'm sure Bong will remind me - technically, you can't claim costs in the SCC., but I've done this myself, and got it back in my pre-court settlements. So it seems that they will pay up on the court steps, unless they want to argue about it inside - but they don't want to do that, do they ?

 

Regarding the PO - I don't know what's on their claim form, but if it only offers you your quid back, I'd send them a stiffie instead, insisting that they tell you exactly why they haven't returned the letter to you, if they didn't get a signature. Your quid should entitle you to an explanation at least, and an admission that they fouled up. Forget the quid, and enjoy the exercise - these little side-shows keep you in trim, and the PO on their toes !!

 

HTH matey,

 

Bill.

 

PS - don't thank me for the POC example - all credit to Mindzai & Lucid for that !!

[bill-k]

....'Ere - and not so much of the " 'ole" !!!

 

Touché.

[chezt]

I have seen a few discussions on letters in my meanderings here, and a figure of £6.25 seems to have been the most widely agreed on. Well, I hate loose change, so I claimed £6.00 per letter. State how many letters you're claiming for.

 

As I'm sure Bong will remind me - technically, you can't claim costs in the SCC., but I've done this myself, and got it back in my pre-court settlements. So it seems that they will pay up on the court steps, unless they want to argue about it inside - but they don't want to do that, do they ? !!

 

OK think I'll give it a go then - Spose if it goes to court the judge can only say no eh! Do I have to do a breakdown of costs of just list letters & dates etc?

 

Regarding the PO - I don't know what's on their claim form, but if it only offers you your quid back, I'd send them a stiffie instead, insisting that they tell you exactly why they haven't returned the letter to you, if they didn't get a signature. Your quid should entitle you to an explanation at least, and an admission that they fouled up. Forget the quid, and enjoy the exercise - these little side-shows keep you in trim, and the PO on their toes!!

I'll av a read of the form when i manage to go get one ....er TWO!!

 

PS - don't thank me for the POC example - all credit to Mindzai & Lucid for that !!

I know but it was u who found & sent it ... so thanks muchly!

[chezt]

....'Ere - and not so much of the " 'ole" !!!

 

Touché.

 

ROFLMAO & PMSL at the same time!! Wondered if u'd pick up on that one ... hehehehe

[bill-k]

Did you just go from 2 to 3 blobs just now ? I wasn't watching, but I got a feeling you did !!

[chezt]

Did you just go from 2 to 3 blobs just now ? I wasn't watching, but I got a feeling you did !!

 

Yeah I have! Don't know when it actually happened - Only noticed when I got back on this evening though (think your click helped!) ... I'm now a goldie too and note that uv stepped up again ... Well done you!

[bill-k]

Hey, Goldie, so you are !! Well done Chez !

 

Yeah, I just hit Platinum as Glenn returned to his "Contractual Interest" thread to restore law & order !! So, I had a wee celebration muck about on there.

 

Sorry I missed you here last night, we coulda been celebratin' here, both of us !

 

I see Vamp is off away over Christmas, so you'll be fielding the queries on her spready thread on your tod. I reckon that's where you turned into a well-deserved Goldie. If I can help, I will, but you look like you've mastered spreadies. Like you, I think, I knew a bit about the basic Excel ones, but I've learned a lot since I got here. Yep - every prob's a challenge, and every challenge a potential victory.

 

Good on yer, matey !!

[chezt]

Hi Bill thanks for popping by again ... I've not been on much this weekend ... been busy with the chrimbo tree etc!!

 

OK I wanna run an idea past all of you ... was thinking of doing a final letter to RBS responding to their last letter which crossed in the post with mine ... sorta final demand before proceedings ... what do you think???

 

Wanted to point out really about them not replying to my last letter & mention the £10 charge they're tryna impose - Just thought it may be a good idea to make sure I'm covered from all angles n maybe a last ditch attempt to avoid court action .... was thinkin of giving 7days like I did with the creation one ...... ?

[bill-k]

Did the tree & decs this w/e, too. Daughter #2 was hyper !! Daugher #1 was "Am I bovvered ?"

 

The original MCOL deadline you set was approx 30/11 I think, wasn't it ?

Although the mods have said go ahead, it's YOUR deadline, so you can shift it back if you want. You're driving.

 

You know me, Chez - I can't resist the chance of a sarky letter, and TBH I wouldn't be able to resist the temptation with this !! As you say, it's another base covered, if it ever gets to court, and it highlights their own stupid request for £10. As long as you're happy to wait another 7+ days, then I say why not. Just my vote, though.

 

I can't help it, but I'd have to say summat like:

 

" As I am not a Registered Data Controller, I am not obliged to forward all data requested for a £10 fee. You will recall I have already sent you a complete list of all charges relevant to my claim. If you are unable to verify these with your own records, then you may be in breach of the Data Protection Act, as these records should be easily accessible, and I most certainly should not be asked to pay £10 for your access to them.

 

However, if you genuinely are in difficulty accessing your data, then I am prepared to assist you with this. In line with other banks, I will gladly supply copies of whichever statements you require for £5 per statement. The original statements will, of course, be made available to a court, should such action be necessary.

 

To assist you further, please find attached, with my compliments, an updated copy of my schedule of these charges, showing the interest as it now stands. Please be aware that this is increasing daily.

 

As you appear to have some problems with data verification, I offer you a further seven days to respond positively and sensibly to my claim, after which time I must assume that you are not willing to treat this matter seriously, and I will thus be obliged to file a legal claim.

 

Yours with knobs on

Chez. "

 

Oooh, I enjoyed that - I feel so much better, now. Thanks for indulging me, Chez !!!

[chezt]

Aww Bill cheers mate!!! Super letter may I say ... I'd already started to compose n have a few ideas in my head but I'm deffo gonna have a re-shuffle n use yours!! Usual Gorilla snide at it's best may i say ... glad u feel better for that anyway!!

 

Not gonna get it done tonight as really need an early night ... been writing chrimbo cards tonight!!

 

I'll post the letter for u when it's done but - should be 2moro night ... I'm on crazy shift again so get nowt done in the morning on here this week!!

[chezt]

OK people .... what d'ya think of this .....

 

FINAL NOTICE BEFORE PROCEEDINGS

Dear Sir/Madam

ACCOUNT NUMBER: xxxxxxxxxxxxxx

I am extremely disappointed that you have not at least had the common decency to respond to or even acknowledge my letter of the DATE which obviously crossed in the post with yours of the same date. Therefore I have decided that I should at least take time to respond to your letter. I have carefully considered its content and ask you to note the following.

As I am not a Registered Data Controller, I am not obliged to forward the data you requested for a £10 fee. You will recall I have already sent you a complete list of all charges relevant to my claim on more than one occasion. If you are unable to verify these with your own records, then you may be in breach of the Data Protection Act, as these records should be easily accessible, and I most certainly should not be asked to pay £10 for your access to them.

 

However, if you genuinely are having difficulty accessing your data, then I am prepared to assist you with this. In line with other banks, I will gladly supply copies of whichever statements you require for £5 per statement. The original statements will, of course, be made available to a court, should such action be necessary.

 

As you appear to have some problems with data verification, I offer you, as a gesture of goodwill, a further seven days to respond positively and sensibly to my claim, after which time I must assume that you are not willing to treat this matter seriously, and I will thus be obliged to file a legal claim.

I calculate that you have taken £XX.XX plus £XX.XX which you have charged me in interest for the sums which you have taken. Total £XX.XX.

In addition to this amount, I also claim interest at an annual rate of XX.XX% compounded daily. I believe this rate to be justified under the principle of mutuality and reciprocity: it is based on your standard rate for purchases that would be applied under the terms of the above-mentioned account. Therefore the total amount owed as of today’s date is £XX.XX. To assist you further, please find attached, with my compliments, an updated copy of my schedule of these charges, showing the interest as it now stands. Please be aware that this is increasing daily.

I would be obliged if you could now refund by return a cheque for the full amount of my claim without further delay. Failure to do so will leave me no alternative but to begin a claim against you (in the County Court on 20th December 2006) for the balance including interest plus my costs (the courts charge £30.00 for a claim of this value) and without further notice. I feel sure however, that you will not consider this a viable or cost-effective option.

This is my final correspondence on this matter and I trust this clarifies my position. I look forward to receiving your positive reply and I ask you to note there will be no extension to this new deadline.

 

YOURS WITH KNOBS ON!!!

 

chezt

 

(Cheers Bill )

 

Comments all gratefully received ....