Royal Bank of Scotland (merged)

hushyou

I got my decision yesterday off RBS , they owed me £1600 worth off charges and guess what they offered me £80 !!!!!

They said there charges are just and if they'll keep charging me and if I dont pay up they will stop my account which is fine by me as i have already set up a new one ! phew

What do i do now ,I am a single mum who cant afford legal fee's but i really want to fight this decision ,

Can i do it ??
Please help

Edinburghlass_2

minesabud wrote: »

Your figures are very similar to mine. After I received my 'offer' letter (without the interest claimed) I followed the MSE procedure & declined it stating I would commence proceedings within 14 days. They never replied so I did my bit on Money Claim online and issued my claim thro the court. A week later they replied to my earlier letter saying they had validated my claim & it represented all the 'administration' charges that had been applied to my account & that they wouldn't consider additional payments for consequential interest, or legal charges. They asked me to consider acceptance of their original offer. It is apparent that they had not at that stage been told about my online claim, so I replied stating that as their reply came too late I had already issued my claim in court. I have had an Acknowledgement of Service letter from the court, which includes their solicitors details stating that they 'intend to defend my claim in full'. I have not been asked to supply any further details. They have until 24 May to do something, or I win!!

If you are offered the full amount of your claim before filing at court you must accept this as the interest is awarded by the court.

From Martin's article...

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.

Please read the post regarding interest in the Reclaim Help Thread which is linked in my signature.

Ghostface_2

Thanks Edinburghlass - as i say I haven't won anything in court yet but paid out £120 in court fees. Don't know whether it would be worth me writing back to them and asking them to pay these out too? Or just to take the £1215 and concentrate on getting some cash back from Nat West. Don't want to drag this out any longer than necessary so may just do that

denidownit

I sent 2nd letter with total charges to rbs they sent a response 14 days ago saying that they would respond shortly. I rang them today and they said that they are dealing with claim and that they are currently responding in an eight week deadline from date they sent letter!!!! Do I wait till they write again or do I start court proceedings?

Stephen_Leak

Whilst I appreciate that they are busy, and have every sympathy for the poor bank staff trying to cope with the result of their senior managers' greed and arrogance, you set the deadlines in what is your claim, not theirs.

If you've threatened starting court proceedings in 14 days and the 14 days are up, it is time to pay the MCOL website a visit.

denidownit

Thanks Stephen for response - I havn't sent them the third letter yet saying about court proceedings do I send that first or shall I go straight on with court. They seem to be stalling. Has anyone else come across this eight week back log!!

Stephen_Leak

If you've threatened them with court in letter 2, which is what the template says, then stick with the timescale. If you haven't actually mentioned it yet, then you should really send them another one, known as a "Letter Before Action": don't hold your breath and expect a cheque by return of post, though!

Of course they are stalling. They hope that, if they keep you waiting and then say "no", that you will just give up and crawl back under your stone like a nice little customer.

The figure of 40 days probably comes from the fact that this is the amount of time the Financial Ombudsman gives them to resolve disputes before he will take them on.

nevergiveup32

Amount Claimed : 4200.00
Amount won : 4022.00


I use the templates on this website , got to the last letter before online court letter. Recived one letter back saying that they are sorry I've had problems and they will get back to me asap.
Nothing for another 14 days , went to do the court summons and got my offer letter. Took just over a month...I went straight to the head office in endinburgh...dont waste your time with your branch.

Edinburghlass_2

Ghostface wrote: »

Thanks Edinburghlass - as i say I haven't won anything in court yet but paid out £120 in court fees. Don't know whether it would be worth me writing back to them and asking them to pay these out too? Or just to take the £1215 and concentrate on getting some cash back from Nat West. Don't want to drag this out any longer than necessary so may just do that

To clarify, if you have started court action you are now entitled to ask the bank for the interest AND the court fees to be included in your offer so go back and say to the bank that, that is what you want.

If you haven't started court action you can't turn down a full offer of your claim in the hope of getting the interest as the judge/court only award the interest.

Euskaltel

It seems a lot of people are at the "we are considering your claim" stage as am I. The 14 days is up on Fri for my claim and due to me making an error in not sending my last letter registered post and having to re-write it, the RBS's own deadline of 8 weeks is up the week later. In the meantime they have charged me an extra £58 in charges which has got me blazing because one charge came out without them notifying me and led to the next charge because I was over limit!!
Im not sure what to do at the moment....if I ring them and tell them that time is up is it likely they will make an offer or will they just fob me off?
I think my postman thinks Im being a bit fruity because I am forever meeting him at the gate!!