what should i do next *** WON ***

[HydraUK]

Letter looks okay, but if you want to go for contractual rate you should add that now. It's up to you though, if you go for contractual rate you will probably (from my readings) end up in court although the initial cases show that the court is awarding it.

 

If you don't add some interest at the initial stages and the bank settles before court, you won't get any interest at any rate.

 

Don't forget that you only get the stat. 8% if it goes to court.

 

So you can see the pro's and con's? I would suggest a quick forum search on 'contractual rate' because there a some interesting discussions and cases around.

 

I've only figured this lot out from reading the various arguments around the site, if anyone believes the situation to differ from my opinion please feel free to clarify....

[mbdiss]

ok i have change this part of my LBA letter. Do i need to state the interest or will this do??

 

 

 

I calculate that you have taken £3178 plus interest that you have charged me in exceeding overdraft limits, unpaid D/D’s, card misuse.

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity’s caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

[HydraUK]

I would say something like '..you have taken £3178 plus interest of £xxxx calculated at your published contractual rate of xx% for authorised/unauthorised (delete as appropriate sorta thing) borrowing, etc etc'.

 

Then with your letter send the entire spreadsheet including the interest column.

 

I hope one of the people who have been discussing contractual rate will have a read of this though, to make sure I haven't misinterpreted what I've read elsewhere, but this is the way I will be doing it for the next stage in my actions.

[mbdiss]

OK so i am going to send my LBA letter from post 25. will be happy if RBS pay me the £3178 before going to court. if they don't then i will go for the 8% intrerst

[HydraUK]

Go for it dude.

[mbdiss]

hey hydra thanks for the help

[mbdiss]

Well LBA letter when out today, so RBS should have it by 10am tomorrow. So guess I need to start sorting out my claim form soon? Don’t think I will get anything from RBS before the end of the year, as the dead line is The 27th December, so I’m going to give them till 8th January and say happy New Year to them by filing my claim.

[mbdiss]

Hi just a bit of an update.

I got this letter today. I think the banks our feeling to pressure now. :D

Thank you for your patience while I have been investigating your complaint about your charges for the last six years. I passed the case on to our customer relations unit when I received your letter on the 21/11/2006 (this was my rejection letter) and on receiving your letter today (the LBA letter) I have contacted them again. (This is the best bit of the letter) They normally contact customers within 10 working days but due to media coverage there has been an increase in cases (I would never have guessed that:p ) and therefore unfortunately it is taking a litter longer than normal. I have enclosed a leaflet that gives the address for the customer relations unit so that you can write to them directly.

 

That may be so but they still only have 14 day to deal with it. RBS recieved this letter on the 07/12/2006

[mbdiss]

hi just a quite question is it a good idea to send a reminder letter? if so anyone got any ideas as to what i should write.

[HydraUK]

I wouldn't bother reminding them, but if ts been escalated to CR you might like to drop Tommy.Mclean@rbs.co.uk a little hello...didn't do me much good in the end (they doubled the branch offer) but my claim is quite large....

 

TMcL has been known to sort out claims for other lucky customers quite rapidly, but as I understand it they are a little 'behind' right now...you may reach your deadline before your file reaches the top of the pile in CR.

 

That's what happened in my case so I gave them a few more days as goodwill gesture...in the end they took 5 days to get me a letter just about doubling the branch offer. I emailed TMcL again at this point and said I wouldn't accept less than a higher figure than their offer to which I have had no reply.

[mbdiss]

Hi hydra thanks for the reply. I guess it can’t hurt for me to send Tommy an email to see if he his feeling stressed with all the extra work he has and just before Christmas when people want to take it easy:D . Oh well they only have them self’s to blame I guess. Plus I guess it will only help to show that I have tried to sort this matter out before going to court.

[mbdiss]

Final got round to watching the money program on the banks last night. Was just wondering if we could use in court what the guy from trading standards said in the program about the banks

[HydraUK]

missed it soz.

[mbdiss]

I need so help. I’m beginning to put together my POC and was just wondering what I need to send with it?

[HydraUK]

This thread http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html contains everything you need to know about POC with MCOL, use this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html if you are filing paper N1 (this is where most of my source came from)

 

About the only thing you need to send with the N1 (apart from the court fee) is your schedule of charges.

 

I will be filing my paper N1's today using the text below.

 

In the - Truro County Court

 

Mr Hydra

ADDRESS CLAIMANT

 

-vs-

 

RBS PLC

BRANCH

ADDRESS DEFENDANT

 

Brief Details of Claim (not that brief I concede)

The Claimant has an account 1220xxxx ("the Account") with the Defendant which was opened in or around August 1989.

 

During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant.

 

The Claimant contends that such charges are levied as penalties for purported breaches of contract and as such are unenforceable by virtue of common law, the Unfair Contracts Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999

 

The claimant intends to pursue the return of monies taken in the for of unfair charges by the Defendant.

 

 

Particulars of Claim

 

1. The Claimant has an account 1220xxxx ("the Account") with the Defendant which was opened in or around August 1989.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in

accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or relate to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of common law, under the Unfair Contracts Terms Act 1977 s4 and under the Unfair Terms in Consumer Contracts Regulations 1999 para 8 and sch2(1)(e)..

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £8261.00

b) Court costs;

c) Interest pursuant to section 69 County Courts Act 1984 at a rate of 8% per year from 11th January 2000 to 12th December 2006, as set out on the attached list of charges, also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £1.81.

 

Statement of Truth etc etc.....

 

I'll let you know later if it all goes okay.

 

Best of luck

 

Phil

 

(Don't forget to click my scales if I've helped at all - )

[mbdiss]

Thanks Phil. One quick question do I send the schedule of charges showing the 8% interest or do I just end the ones I sent with LBA letter

[HydraUK]

You should show your 8% calculations now.

[mbdiss]

Thanks hope your claim goes ok. could you post the link for your thread please

[HydraUK]

Sure here it is http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/28596-hydra-rbs.html although most of the interesting and useful stuff happens in other peoples threads

[Dorisandthehoff]

My claim for RBOS will be over £6000, Moneyclaim accept this but I understand it would not then be a small claims matter? What is the difference? What benefit would there be to breaking it down?

[HydraUK]

The value of the claim relates to the track it is allocated to...under £5k is small claims, £5-10k is fast-track and above that is multi-track.

 

The principle differences as far as I can see is the cost and that certain extra information can be demanded if you aren't small-claims (cpr part 18 request forexample, only applies off small-claims track, but as Cobblers seem to be sending them out anyway, it probably won't make that much different on the legal side.)

 

HOWEVER - I am not a legal head and everything I am doing is driven by what I read here, so there are probably several legal implications to 'fast-track' that I haven't yet considered.

 

Please click my scales if anything I say is helpful!

[Dorisandthehoff]

Thanks loads, I think I will enter two separate claims to keep them under the £5K as they are for two separate accounts anyway it just makes more sense!

[isidore]

Much the same as Hydra, all I know is from reading these forums.....if I remember rightly if you lose a small claims case, you don't owe anything to anyone whereas a larger claim you would.

 

If it is for two accounts and both are under £5k, probably best to do that and do a seperate claim for each account. If you need to split it further, one claim for each 3 year period?

 

Good luck!

[mbdiss]

ok just sorting out my N1 claim form for the court could someone please have a look through this and tell me if this is ok and also is the daily rate that i have put right?

 

In the – Preston County Court

mbdiss

ADDRESS CLAIMANT

-Vs-

RBS PLC

BRANCH

ADDRESS DEFENDANT

Brief Details of Claim (

The Claimant had an account *** ("the Account") with the Defendant which was opened in or around April 2003 and closed around August 2006.

During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant.

The Claimant contends that such charges are levied as penalties for purported breaches of contract and as such are unenforceable by virtue of common law, the Unfair Contracts Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999

The claimant intends to pursue the return of monies taken in the for of unfair charges by the Defendant.

 

Particulars of Claim

1. The Claimant had an account ("the Account") with the Defendant, which was opened around April 2003 and closed around August 2006.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in

Accordance with the terms of the contract between the Defendant and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or relate to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of common law, under the Unfair Contracts Terms Act 1977 s4 and under the Unfair Terms in Consumer Contracts Regulations 1999 Para 8 and sch2 (1)(e).

5. Accordingly the Claimant claims:

a) The return of the amounts debited in respect of charges in the sum of £***** plus interest as set out in D

b) Court costs £*****

c) Data protction request £10

D) Interest pursuant to section 69 County Courts Act 1984 at a rate of 8% per year from 10th June 2003 to 30th June 2006, as set out on the attached list of charges, also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.72.

Statement of Truth etc etc.....

[HydraUK]

Seems fairly similar to mine...is this for MCOL or paper N1?

 

In my thread...

 

I would shorten the 'brief details' also to 'the claimant intends to pursue the return of monies taken in the form of unfair charges by the Defendant'

 

Something like that anyway:)

 

BUT I misunderstood what she said. I shortened it as much as I could while retaining the gist of my case THEN added the comment. Now I see she meant that I should shorten my brief to ONLY the comment. DUH!

 

Filed my N1's just before Christmas and haven't received anything back from court as yet so can't advise you if there are any issues with not being 'brief' enough...

 

That said, the court clerk commented that it all looked in order.