Royal Bank of Scotland (merged)

Melly31

Having helped 7 friends claim (& receive) a total of £32,000+ in the last 7 months, I just thought I’d share a little info that a lovely lady from Cobbetts solicitors gave me about a month ago.
This was regarding my latest success story with a friend claiming £3455 back in charges from the Royal Bank of Scotland.
The problem was that whilst my friends claim for her charges back had been going on for 7months (since 16th Dec 06 & the longest wait so far!), she had incurred a further £711 in charges!
She had filed a court claim in Feb 07 but RBS had paid out in full on 16th April 07 (minus the additional charges), my friend decided to keep the claim ongoing in the hope of getting the additional charges back & wrote to Cobbetts to tell them this.
As I have been the driving force of all my friends claims, my friend put my tel no on the letter; a (I grudgingly have to say) lovely lady called Laura (1 of Cobbetts solicitors) rang me (thinking I was my friend) to advise me that as the claim made was only up until 16th Dec 07, if we proceeded when they had paid out, they would have to send their solicitors to court to strike out that part of this claim & that the courts would (more than likely) rule in their favour (therefore costing my friend a fortune in costs for their solicitors attending court to action this), unless my friend applied to the courts to amend the statement of her claim (which I believe can be very difficult & complex thing to do).
I explained that RBS had stated (which they had on numerous occasions) that once the cheque had been cashed, you could not come back to them with further claims for charges & asked what could I (my friend) could do?
Laura stated (off the record) that you can still claim for any additional charges incurred since you filed your claim; I said 'really? That's great, thank-you & that I thought I could' I then stated that 'I thought it was only additional charges for the claim already filed that I could not come back on if I realised that I’d missed 1 or 2 charges on my original claim'
Laura then shocked me by stating that actually I could (in the eyes of the law) still claim back any charges that I’d missed 1st time around!!!
She then stated that the accompanying letter (the 1 you receive with the cheque) even if signed means nothing in the eyes of the law (I am talking about the 1 you sign to agree that you will not claim anything further from the bank in future) when you accept their cheque/offer!

Anyhow I thought that this info might come in useful for some of you folks?

The number I rang for Cobbetts (Laura) was: 0845 404 2414.

Mel.

Edinburghlass_2

fish666 wrote: »

Apologies if this has already been answered.

I have recently written to RBS to request reimbursement of bank charges and have received a reply advising "given the work involved in assessing your claim we anticipate that we will be in a position to respond within 6-7 weeks, but will endeavour to do so sooner if we are able to". As I gave them 14 days to respond should I send a further letter requesting immediate consideration of my claim, or allow them up to 7 weeks to reply?

Generally I would have said allow RBS the 7 weeks to reply and they would have come up with a full offer however now I think you need to actually start the court action to get your claim into the system.

If an offer is on the table from the bank then they must honour this.

scarpetta_2

Hi,
last nite i had the pleasure of claiming judgement by default (14days had lapsed). 5 mins ago i received a letter from the court to say that rbs have acknowledged the claim. Can anyone advise me now as the site (mcol) has crashed again.

Edinburghlass_2

***Board Guide spam post***

http://www.moneysavingexpert.com/reclaim/bank-charges-alert

stubs

Having read through http://www.moneysavingexpert.com/rec...-charges-alert I have a quick question:

I have an ongoing claim with RBOS which has reached the courts stage, with a date set for September. In June I received a settlement offer from RBOS worded to avoid responsibility, offereing a sum of approx £2200 as a goodwill gesture etc.. but asking me to accept the offer to settle the claim in full, by responding with the pre-printed form.
Now as my original claim was for over £2800, and I have spent approx £350 in court fees I decided to send a template letter accepting their offer as part-payment to the full claim without prejudice, bringing to their attention the court proceedings & fixed date, and stating that I would continue unless they wished to offer me my original claim in full (waiving the interest & court fees).
This letter was sent recorded delivery on 24th July.

Now, my question is.. will the bank pay out the offer that I have accepted without prejudice? I'm concerned that they will turn it around on me that because I haven't accepted with the form they provided, they may consider it as a refusal rather than a "thanks but keep it coming" (so to speak)

This wouldn't have bothered me too much, if not for the talk of stopping further court cases, and that by the time I hear back from them, the 8 weeks allowed to accept their offer will have expired, leaving only the route of the courts.

The offer letter certainly contained the words "as a good will gesture", so am I correct in saying I can accept regardless of the terms they are "asking" me to accept?

If needed, I can type or scan the letter they sent me?


Many thanks, and good luck to everyone else who is currently going through this.



Stu

Edinburghlass_2

They might or they might not, I really can't second guess what the bank will do. As you have only accepted in part payment and wish to continue to court they are likely to continue your claim to the court date.

leeppp222

I filed in court against RBS and they sent their defence etc about 2 months back and since then I have heard nothing?!? Is it worth me calling their solicitors / RBS to see whats going on or should I just wait it out??

leeppp222

as a follow up to the above; i just called Cobbetts who said that they are not making any more offers as a result of whats been happening over the past few days.

i then said i was told to carry on as normal until i hear otherwise from the Court and she said that they're currently in the process of applying for all cases to be stayed and there was nothing else she could tell me.

great....

Stokey125

leeppp222 wrote: »

I filed in court against RBS and they sent their defence etc about 2 months back and since then I have heard nothing?!? Is it worth me calling their solicitors / RBS to see whats going on or should I just wait it out??

A stupid question but have you checked with the court as to what has happened it may be that they never filed the defence with the court in which case you would be entitled to judgment in default.

leeppp222

Stokey125 wrote: »

A stupid question but have you checked with the court as to what has happened it may be that they never filed the defence with the court in which case you would be entitled to judgment in default.

Just gave them a call and they said they did file a defence back in May. The person then said that he will get the file out for the judge to look at to decide what to do next and I should hear about within 2 -3 weeks.?!?