Royal Bank of Scotland (merged)

gdawson

Can some1 give me some advice please? i have trawled the forum but cant find a relevant answer to my situation.
I sent off my initial letter on the 14th Feb, followed it up with second letter on the 28th.
Also on the 28th i received a call from the RBS claims unit to say they received the 1st letter and they have got 6-8 weeks to respond.
i have just came off the line to the RBS claims department and they are still looking into the case.
obviously the 7 day deadline for the next letter has passed so my options as far as i can see it are:
1. File MCOL today
2. call up my branch and ask for update
3. sit it out and wait.

can i have a suggestion what i should do please. i want to take one of the above options today.

if i do option 1, which London address has people been using to file the claim? i live in England now (nearish to London) but my branch is Elgin, Scotland.
Fast response will be most appreciated.

Regards

Greg

pigsmightfly

gdawson wrote: »

Can some1 give me some advice please? i have trawled the forum but cant find a relevant answer to my situation.
I sent off my initial letter on the 14th Feb, followed it up with second letter on the 28th.
Also on the 28th i received a call from the RBS claims unit to say they received the 1st letter and they have got 6-8 weeks to respond.
i have just came off the line to the RBS claims department and they are still looking into the case.
obviously the 7 day deadline for the next letter has passed so my options as far as i can see it are:
1. File MCOL today
2. call up my branch and ask for update
3. sit it out and wait.

can i have a suggestion what i should do please. i want to take one of the above options today.

if i do option 1, which London address has people been using to file the claim? i live in England now (nearish to London) but my branch is Elgin, Scotland.
Fast response will be most appreciated.

Regards

Greg

Hi Greg,

I would always stick to your deadlines and not theirs - after all they are the ones in the wrong!

It's your decision what you do next but if I were you I would just just file MCOL today and leave it at that.

When you fill in MCOL use the registered office address of the bank

gdawson

would the registered office address for my bank be an address in London that people have spoke about on this forum? if it is the same one... where can i find the address?

Greg

pigsmightfly

Have a look at this link: http://forums.moneysavingexpert.com/showthread.html?t=304064

According to this their registered address which you use for court is:
ROYAL BANK OF SCOTLAND PLC
36 ST ANDREW SQUARE
EDINBURGH
EH2 2YB

Good luck :rolleyes:

Edinburghlass_2

If you are using MCOL you must use an English address so use your branch address if it is in England or use one of the main London branch addresses.

However, with RBS I wouldn't rush into filing a claim as they are paying up quite quickly.

dazron

Edinburghlass wrote: »

If they offer you the full amount in fact you must accept it, you are only entitled to the interest should the case go to court or you have initiated court proceedings before they settle.

So, if they offer the amount minus the interest I have to accept and I am not able to pursue the matter with the courts?

If that is the case, why?

Edinburghlass_2

Because the bank have settled your claim, which is the amount without the interest. From Martin's article....

Charge interest on top
If you won via the courts, you would be entitled to add 8% interest (not compounded) on top from the date you were ‘first deprived’ of the money (i.e. the date of each charge). Therefore you may want to ask for the interest as part of the initial claim. It's important to understand that you are not legally entitled to interest unless you win in court, yet all prior letters are a tool of negotiation; think of it a bit like haggling.

You may get lucky and get the interest on top, but even if not, the legal feedback I've had is that it’s one route to pushing the bank to settle quickly so it can offer to pay you without the interest. Of course there is a risk that asking for too much makes them less likely to settle too - sadly this is an art not a science. This isn't an easy concept so I've recorded a quick audio file which may help explain it.
For those who do want to ask for interest, I’ve had the calculator below specially built to work it out for you and included it as an option in the template letters later. However, if you'd prefer to play safe simply ask for the charges without interest in the early stages.
<script src="http://www.moneysavingexpert.com/includes/bankcharges7.js"></script&gt;
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dazron

hmm yes I have read all this - it just seems - if you were going to be entitled to the interest from the courts point of view, why should it be different in a settlement? Why for instance would it not be possible to say
'thanks for your offer, but I believe the court's will find that you are liable for the interest I would have acrued if you had not have deprived me of this money un-lawfully, so I willl still be pursuing you for the whole amount.'

Why do I 'have' to accept their offer? If I offered them to pay back my loan but without the interest would they similarly be obliged to accept?

Apologies for my obvious naivety on points of law, just seems to me that they should cough up for what they took plus Interest. In my case that's nearly another whole grand!

gdawson

Edinburghlass wrote: »

If you are using MCOL you must use an English address so use your branch address if it is in England or use one of the main London branch addresses.

However, with RBS I wouldn't rush into filing a claim as they are paying up quite quickly.

the question is, which English address do i use?
my nearest RBS to my home is in Kingston, or i have an RBS just round the corner from my work in Mayfair.
any help, greatly received

Greg x

Edinburghlass_2

dazron wrote: »

hmm yes I have read all this - it just seems - if you were going to be entitled to the interest from the courts point of view, why should it be different in a settlement? Why for instance would it not be possible to say
'thanks for your offer, but I believe the court's will find that you are liable for the interest I would have acrued if you had not have deprived me of this money un-lawfully, so I willl still be pursuing you for the whole amount.'

Why do I 'have' to accept their offer? If I offered them to pay back my loan but without the interest would they similarly be obliged to accept?

Apologies for my obvious naivety on points of law, just seems to me that they should cough up for what they took plus Interest. In my case that's nearly another whole grand!

You are mixing up interest charges here. Have a read of this post.

The courts are not saying you are entitled to interest you would have accrued had you not been charged but are giving any claimant 8% interest on top of what they are claiming provided they win their case.