daver1975-vs-RBS

[smithsu01]

6 years has got to be worth a try - I have read of people in Englad going for over their 6 years so why not go for over your 5 years.

That's good to know that the Court were helpful and even better to hear we're not the only ones by a long way!!

Am I right in thinking that the fees are greater for the Summary Clause route? Is that the only disadvantage? Sorry, I have read all about this but the brain is a bit overloaded today!!

Thanks

 

Oh, just realised I'm a day behind - did you go down to the court this morning? If so, how did it go?

[daver1975]

hiya,,

 

the fee is the same, £39 for every claim.

 

i haven't had a chance to get down there yet, because i hit a wall with all this last night, (i was up till 4 in the morning trying to find definitive answers on the forum for some questions!)

 

plus, i found a whole new section of the site, "scotland" which i didn't know about before. it's tucked away in the general area. got some good answers, but again, so many that nothing is absolutely definitive. started a thread there too:

 

8% interest and 6years/5years question help needed! - Consumer Action Group

 

i might get down to court tomorrow, i'll let you know.

 

i just want to make sure this is perfect, so it's worth the extra few days. running out of time to do much about it this week unfortunately.

 

i think now i might just do the 5 years, save any hassle. and add full 8% from service of each charge. i need to do all new sums.

 

cheers a'body!

[smithsu01]

Yeah, it can be a bit of an information overload sometimes! Definately as well making sure you get it right first time - I think I'd reread everything a dozen times before I finally posted my Prelim letter!

 

Good luck!

[Bigmac versus]

Hi Daver, in scotland legislation allows you to claim back for 5 years as opposed to england where you can claim back 6 years. If the claim you make is for 6 years they may ask for it to be thrown out due to the Limitation Act, they may not but ive claimed against two banks, one offered 5 years the other offered 6 years, hope this clarifies the situation, If i were you and wanting summ cause route then i would do two so as to add the interest as PART of the total claim so as you will get it, good luck.

[daver1975]

thanks for your reply george.

 

i've not had much time to devote to this at the moment, and feel bad for letting it slip in my priority list. also, it seems now i may have to wait a little longer before i can file my claim (s) because i've run out of funds to finanace the court costs!

 

bad time of year to do this i suppose...

 

however george, i'm going to take your advice i think, and split this claim into two. i will also be claiming for 5 years.

 

oh, is anyone going to watch the money programme at 10pm on BBC2 tonight? it's about a cause very dear to our hearts......

 

thanks everyone!

[Henrik#1]

Same boat as you daver, but I'm goign to process my court claim tomorrow. Due date for response to LBA was today. btw, do you know if the downloadable form from this site can be used for scotland too or just Eng?

[daver1975]

here's a good page for scottish stuff:

 

Scottish Procedure - Consumer Action Group

 

it has all relevant forms and links.

 

good luck tomorrow, i'll follow your progress with interest!

[Bigmac versus]

I know what you mean daver1975 however another month wont harm eh.

[daver1975]

sure thing!

 

i was a little paranoid that the banks might hatch a scheme soon that will thwart us from scratching our money back, but we're safe!

 

did you hear the latest statement from the banks regarding charges, that they're considering as a possible defense?

 

"they're not penalties, they're service fees."

 

the man from the OFT on tv tonight just smirked when he was told that. like he was trying to contain a guffaw.

 

so you're right, plenty time!

[smithsu01]

I'm quite inspired after watching the Money Programme - definately made me all the more determined to push on with this. I just hope I'm not the one they decide to use as a test case! Anyway deadline for prelim letter was up yesterday so just about to print off my LBA and get that sent off tomorrow!

That must be some 'service' my banks been providing!!!

[daver1975]

Hiya everyone,

 

Well, I've certainly let my battle with the bank lapse, (which is exactly what they want me to do i suppose), as I had no cash for the last few months to consider going to court, and I've been away for quite a while too.

 

Now, I'm kinda getting my head round getting back into this, I could just get the court papers and go that route without even contacting the bank again, (after a few months), or I was thinking about dropping an email to Tommy Mclean, explaining that I've been away and I'm about to file a Summary claim. I suspect he'd be fine with me to go ahead and do that.

 

I have another idea though, and I'd like to know if anyone thinks it's a good one or not. I may just send a new LBA, with my revised amounts, and see if it gets through. Like starting the whole process again, but all the time mentioning that I've re-calculated my claim, and i will be waiting 14 days before going to court.

 

Has anyone done this? Do you think they keep records of previous aborted claims, or might it slip through the net?

 

Cheers all!

[Bigmac versus]

Hi there daver1975, been a while eh, you would be wise to read up on scottish forum as it is now advisable to pursue over 750 through the FOS.

To do this you need to have the banks final say on your complaint or let the 8 weeks go by before starting, that time has obviously elapsed so start by downloading the form and send it away, bonus of this is you need not pay, only the banks do (400 quid per complaint) and remember to request the judicial interest before sending.

[daver1975]

Wow, certainly have missed a lot it seems!

 

I have absolutely no idea what an FOS is, but it sounds easier than the court route, simply from what you've written there.

 

i'm off digging!

 

if anyone wants to give me some pointers to similar cases, then i'd be very grateful!

 

cheers,

daver.

[Bigmac versus]

See you got the link ok.

[daver1975]

Hi everyone, well I've not written for a while, but I have been busy. I researched a little about the FInancial Ombudsman, and basically sent off a complaint form to them today, along with all the letters I sent to RBS, and all correspondence i got back from Tommy Mclean.

 

Fingers crossed they can do something! It seems that they can contact the bank and demand that they just pay the money back to me.

 

If anyone is reading this and has successfully got their cash back using this method, can you tell me if you let the bank know that you got the ombudsman involved?

 

Cheers.

[Bigmac versus]

Hi again you dont need to let the bank know and by the way they have a 100% success rate from these complaints.

[daver1975]

Excellent, I'll just let the FOS get on with it then, no idea how long it'll take, but i'm way over the eight weeks from the final letter from RBS, so soon hopefully!

 

Thanks.

[daver1975]

Cripes,

 

just realised too that the bank's final say on the matter was on 1st December, and the FOS will get my complaint on wednesday, i'm cutting this really fine aren't I?

 

crumbs.

[daver1975]

Hi,

 

Just wanted to pass on what happened today, in the hope that it'll help folk.

 

I phoned the Financial Ombudsman Services today, as I was concerned I'd overshot the deadline. I haven't, luckily. I spoke to a great guy called John, who logged my details as the first date of complaint, he also gave me a reference number to put at the top of my claim form, so that it is passed straight to him, for processing. Obviously I'm well past the 8 week period, so hopefully it'll get processed quickly. Don't know if I will get the full amount I'm asking for, (£1, 986 including 8% on each charge from charge date, back 6 years) but I will be quite happy if I get the charges themselves back.

 

So, if anyone is at a similar point to me, I totally recommend you phone the FOS for advice, they're really helpful. Their number is 0845 080 1800.

 

Now I just gotta wait!

[daver1975]

hello hello,

 

I phoned the FOS today, just to check they received my complaint etc.

 

I also wanted to ask about how long roughly I could expect this process to take: The woman I spoke to said it would be around 3 to 6 months!

 

wa wa wee wa!

[daver1975]

Hey all,

 

Just checking in to tell you what's been happening lately: Sweet FA!

 

Just kidding, I've been in touch with the FOS a couple of times to see how they're getting along, they're really helpful and nice to you if you phone 'em...

 

They're currently waiting for the RBS to send them all the statements / details of charges that they need. Apaarently they've got a certain amount of time to provide the info by law.

 

So, it really is a waiting game to do it this way, but much easier for the stress levels than the whole court route i'd imagine!

 

Does anyone know of other people on here that have recently had success using the FOS, or are at the same stage as me? I'd love to read some stories, give moral support etc, but can't seem to find that many...

 

till next time......cheers.

[Bigmac versus]

Hi Daver1975 glad to hear your positive views about the FOS and that it is a lot less stress than the court route could be.

There are other threads that are in the same process at the moment some of which have been offered the full amount excluding the interest and the claimants have refused and passed it back to the FOS.

The FOS can award interest but it seems that every offer i have seen

(1st offer) excludes this so be aware when it happens

Once there are a few complaints through the process we hope to be able to build up some sort of database to help others know what to expect when complaining.

[daver1975]

Cheers pal, well anything I can do to help build this database.

 

The guy John from FOS explained to me that exactly the same thing you've just mentioned BigMac, you're right on the money.

 

IE: They will make an offer minus any Interest, and then I can decide whether I wish to take the offer or hold out for more. this would be even more time I'd imagine, but could well be worth the wait.....

 

Hmmm.........more.......money.

[Bigmac versus]

Hi daver1975 for info only the cases i know of have only taken a week or so before they have been increased.

[daver1975]

Sweeeet. Any links to the cases you're talking about?

 

Thanks BigMac.