Gandolfi v RBS "WON"

[gandolfi]

Hello

 

I'm starting a new claim for charges on my RBS credit card. Just wanted to say hi and check that I'm sending the SAR to the correct address:

 

Royal Bank of Scotland

Cards Customer Services

PO Box 6050

Southend-on-Sea

SS99 1WL

 

I currently have a large and complex case in the Nat West forum...

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/81525-gandolfi-natwest.html

 

All help and advice on both cases much appreciated!

[gandolfi]

Hi Everyone

 

I'm hoping you will be able to help me take the correct next steps with my case against RBS cards....

 

to update so far:

 

1) Prelim sent 25th June requesting £320 charges + £101 interest

2) Offer of £123 (the difference between new £12 charge and full charge) received 2 July

3) Rejection of offer/Letter Before Action sent 31st July

 

Today I have received a letter from RBS (cards) making the same measly offer saying that it is their 'final response'.

 

In my prelim/LBA I also requested that they remove the default from my credit record. I was not sure about doing this as the charges and interest only reflected about 10% of my total borrowing on the card (the 10% that pushed me over my limit though).

 

In today's letter, they reply:

"Also, within the terms of issue of this account, it is clearly explained that we report payment and balance information to Credit Reference Agencies. This account was opened under full data sharing rules and this means that we must inform external agencies if the account falls into arrears. We must also inform these agencies if our customer runs into difficulties regarding repayment and we find it necessary to Default our agreement.

I am unable to amend your credit file, as we have duty by law to show a true reflection of an account history to the CRA. Having said this, you are entitled to write a 200 word correction which will be placed on your file, which other lenders may read and take into consideration if you apply for future credit."

 

I want to submit my claim through the Court now and need to write my N1 Particulars of Claim. Your help in this would be very much appreciated - especially with regard to the Default. Am I justified in trying to challenge them over the Default in Court? In my LBA I said that I would include a claim under ss.7 and 13 of the Data Protection Act 1998.

 

In my LBA I also requested (under CPR Pre-Action Protocol 4.6©) Terms and Conditions and amendments/copies of any default notice, none of which have been sent.

 

Suggestions on wording for my Court claim would be much-appreciated.

Thanks everyone!

Gandolfi

 

PS - All of my debt to RBS has been paid off now and I no longer have an account with them - does this mean that they have no right to process my details? How can I get them off my credit file?

[gandolfi]

bump

[GuidoT]

I am no default removal specialist but have a look here for starters:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

 

I see you are still around then...

[gandolfi]

I am no default removal specialist but have a look here for starters:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

 

I see you are still around then...

 

Great to hear from you GuidoT How are things with you? Good, I hope.

 

I'm still here and pursuing the banks for my money!

 

Did you see what happened so far on my case with NatWest?

http://www.consumeractiongroup.co.uk/forum/natwest-bank/81525-gandolfi-natwest-5.html

You remember that they sued me....well, with help from you and then GaryH, their claim was struck out!! All good news, but I'm still pursuing them for the rest of the charges. I heard from them last week though, saying that they are applying to have the case against me reinstated, which is not so good....

 

Anyway, the RBS case.....

 

Thanks for the link. My worry is that the charges were a small amount within my overall credit card balance (not the whole or main cause of my difficulties). However, the £400 that they charged me was the amount by which I exceeded my credit limit (10% of my debt at the time I was defaulted).

 

Not sure what to do - whether to include it in my claim or just to sue for the charges and interest first so as not to complicate things. This case is simple and small compared to the NatWest case, but it is good for me to try my hand at the POCs, which I haven't done so far....

 

Good to have you around still anyway, GuidoT. Hope to hear back from you again soon.

Best wishes,

Gandolfi

[gandolfi]

I'm 'bumping' this thread to see if anyone can point me in the right direction for Particulars of Claim for a RBS Credit Card account, preferably with Default removal clause included if possible.

 

I really want to get my N1 filled in and submitted but, so far, I can only find POCs for bank accounts. It says on the template intro that this isn't appropriate for Credit Card claims.

 

Thanks in advance for your help!

[steven4064]

Hi gandolfi

 

Here is the PoC we used for GE Money for a store card which can easily be modified for RBS. The bits in red i have added to cover the default removal.

IN THE XXXX COUNTY COURT

 

BETWEEN

 

SofS4064 , CLAIMANT

 

AND

 

GE Capital Bank Limited DEFENDANT

 

PARTICULARS OF CLAIM

 

1. The Claimant had an account number xxxxxxxxxxxx, ("the Account") with the Defendant which was opened on or around xxxxx.

 

2. During the period in which the Account has been operating the Defendant has automatically 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 (“the Schedule”) applied is attached to these Particulars of Claim.

 

4. The Claimant contends that:

a) The charges debited to the Account were punitive in nature; were not genuine pre-estimates of costs 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 were not intended to represent or related to any alleged actual loss, but instead unduly enriched the Defendant which exercised 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

i) the Unfair Terms In Consumer Contracts Regulations 1999 particularly but not limited to Regulations 5, 6 and 8 and Schedule 2, 1 e); and

ii) the common law relating to liquidated damages and penalties in contracts.

5. The defendant has, in addition, levied interest on these charges at the rate of 29.9%.

 

6. The Claimant avers that, by this action, the Defendant has sought to enrich itself by the consequences of unlawful action, specifically, unlawful penalty charges as detailed above and applied in terrorem.

7. Additionally the Defendant has entered a default notice against the claimant's credit record. This default occurred merely in respect of unlawful charges levied by the Defendant or was the result of impecuniosity caused directly by the Defendant taking penalty charges which were applied unlawfully to the Claimant's account.

 

8. Accordingly the Claimant claims:

a) the return of £x in charges and interest of £x thereon debited to the Claimant’s account and listed in the attached schedule

 

b) Court costs;

 

c) Interest under section 69 County Courts Act 1984 at the rate of 8% per and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.022%.

 

d) The removal of the the default entry from the register.

I believe that the contents of these particulars of claim are true

[gandolfi]

Thanks steven4064. That's just what I needed - you're a star

 

I want to include the default removal in the claim, but need to make sure it's justified. My credit limit on the card was £3500 and I went over-limit by about £400 because of late payments etc - the charges and interest amount to £420.

 

Am I likely to succeed in getting it removed or will it put my whole claim at risk?

 

Many thanks!

Gandolfi

[steven4064]

The most important thing to remember is that RBS don't want to go to court - they can't afford to lose a 'proper' court case, therefore they will want to settle before the case gets into court . So what you have to do is to keep your nerve and refuse to accept any offer that doesn't include the default removal. By doing that, you should get what you want.

[gandolfi]

My claim against RBS credit card operations has now been served.

 

Do I need to let anyone know the details (moderator?)

 

Thanks all

[GuidoT]

You can PM me the details claim number, bank, value and date of issue.

[gandolfi]

You can PM me the details claim number, bank, value and date of issue.

 

Done.

Thanks GuidoT!

[gandolfi]

Hi Everyone

 

Now that my court claim against RBS has been served, I'm wondering if I can still keep the pressure on regarding their supply of information to me?

 

They sent me a full set of statements, but no copy of T&Cs or a copy of the default notice.

 

Is there a letter I should be sending to demand this?

 

Cheers!

Gandolfi

[steven4064]

Just keep pestering them

[gandolfi]

Just keep pestering them

 

Could anyone suggest any amendments to the following letter, please?

The claim has been served but I want to keep up the pressure. I also need to get copies of the Default notices.....is this OK???

 

"Request for Further Information

 

In the xxxxxxx County Court

Gandolfi v Royal Bank of Scotland

ACCOUNT NUMBER: xxxx xxxx xxxx xxxx

 

 

 

Dear Sir/Madam

Further to my Subject Access Request letters of 1st June and 31st July 2007, I am writing to request that you provide me with additional information regarding my credit card account.

 

Please send me the following information:

1) A true copy of any Default notices in respect of the above account.

2) A copy of the Terms and Conditions that were in place when I opened my account and any subsequent amendments to those Terms and Conditions.

 

As this matter is now the subject of legal action, I would be grateful if you would send this information within the next seven days. If you fail to provide it, this will be brought to the attention of the Court.

 

Yours Faithfully,

 

Gandolfi"

 

All advice welcome - is there anything else I should be asking for?

[gandolfi]

AArrrggghhhh!

Just received a letter from Cobbetts with a copy of a letter to the Court asking for a stay because of the test case....

 

....but this is a CREDIT CARD claim!

 

What should I do? Write to the court before they impose a stay?

 

Please help.

Thanks!

Gandolfi

[hedgey06]

How ridiculous - I honestly can't believe that stays are being requested on credit card claims

 

Phone the court and explain that this is a credit card claim and the OFT test case is only dealing with bank accounts (consumer ones at that - not business accounts!) Ask them if you can send a letter to oppose their request.

 

Although you should wait to see if a stay is granted - the court may allow you to send the letter opposing their request for a stay. You'd need to adapt it to show that this is a credit claim though - and therefore not related to the OFT test case.

[Guest deep]

Hi Gandofi

 

I have been watching your thread.

 

Did you get anywhere with the court on lifting your stay for CC Claim

 

Regards

 

 

Dee

[gandolfi]

Hi All - apologies for recent abscence. Don't have access to computer at the moment.....

 

RBS have sent me a full and final offer and a cheque for about £100 less than the total including court costs/interest. They haven't made any acknowledgement of the default though.

 

As the default removal is on my POC I want to refuse the offer and proceed with the case, but what should I write back????

 

They haven't responded at all to my requests for copies of defaults or credit agreements.

 

No news on whether the court has granted a stay yet.

 

Thanks for any help you can offer!

All best wishes,

Gandolfi

[steven4064]

Just stick wit hit. Write and accept as partial settlement only and tell them you intend to continue for the rest, including default removal.

[gandolfi]

Hi Everyone

 

Just wanted to let you know that with all the fantastic help I have received from you guys (particularly GuidoT, steven4064 and Hedgey06), I have won my first bank (credit card) charges claim.

 

After making various (rejected) offers without interest.....they finally paid the charges,plus the interest on the charges and the court costs, plus complete default removal!!!

 

It's only a teeny-weeny claim compared to my big NatWest case, but I am very chuffed nevertheless. Now I can make my contribution to the site at last!

 

Thanks again and all best wishes,

Gandolfi

[GuidoT]

Nice work.

 

Ensure that you do not discontinue the claim until you have checked default has been removed from your credit file.

[gandolfi]

Nice work.

 

Ensure that you do not discontinue the claim until you have checked default has been removed from your credit file.

 

Thanks GuidoT

What is the best way to thoroughly check my credit file?

I've looked online (with experian?) and it has been removed - my rating has gone up to 999 out of 1000 afte beig pretty poor as a result of the default.

 

Are there other places I should be checking? Are there things that may still linger and cause problems when applying for credit?

 

Thanks!

Gandolfi

[GuidoT]

Just to be sure I would check with 'Equifax'.

 

In my experience if removed from one reference agency, the others are removed too.

 

I am not aware of any other 'lingering' places.

[hedgey06]

Hi Gandolfi, this is absolutely brilliant news!!!

 

CONGRATULATIONS!!!!

A very, very, very well deserved win!

(You can sit back and relax for a little while now before the Nat West claim kicks in again! )

 

:D :D