Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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Hi, I've been following the info on the site and have managed so far without asking any questions. I am claiming in Scotland and have filed a summary cause at my local court. I have a 'proof' date coming up shortly. My dilema is this, RBS have offered to refund the 'penalties' but said they will not pay the interest from the date of the charges - only from the date that they received the summons. I've been told, by a RBS solicitor, that if this does go to proof the sheriff will only award interest as they have stated, and not as stated on my summons to them. Then they will then ask for all their legal expenses to be paid by ME. My summons also stated that the expenses incurred by bringing this action would be repaid but they state that only the £39 court fee can be claimed and not the cost of having the summons served on them. Any advice please would be appreciated.
Will getting the interest and Summons served fee add a lot to your claim.
Just wondered, as if it's not a great amount, you might be better taking what they are offering. BOS paid my 8% and my £15.75 Summons served fee.Maybe I was lucky. I've never heard of you having to pay their fee's.if you win your case. It's up to you what you decide, just thought it would save a lot of hassle going with the offer they have made.
Regards.
Scott.
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If in doubt, you should seek the opinion of a Qualified Professional.
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Thanks for the quick reply Scott. The interest amounts to over £400 - so quite a substantial figure. It's really a case of them trying to force me into a corner to accept their offer that's really bugging me. I feel quite intimidated by their solicitor sending me emails and telling me to take legal advice (she also phoned my house at 7pm to tell me this too). They say that it dosen't matter that if it states on the summons that interest is paid from the date of the first charge. They say it is only when a judicial demand has been made that interest can be claimed and such a demand is made when the summons is served on the defender. Hence, they will only pay from when they received the summons.
Your right over £400 is a lot of cash. I wish I could help you more. Hopefully someone with more knowledge of legal matters will help you out.
I'm only a painter and decorator. I know what you mean about them forcing you into a corner, they pushed me about for years. After my first claim they closed my 28year old account and told me to cut up my Visa Card.(nice people). Still it did'nt stop me claiming again and winning. I have just reported them to fos and they are going to try and get the other £5,000 BOS are due me. I hope someone else can give you more help.
Regards.
Scott.
Any advice I give is honest and in good faith.
If in doubt, you should seek the opinion of a Qualified Professional.
If you can, please donate to this site.
Help keep it up and active, helping people like you.
If you no longer require help, please do what you can to help others
Thanks for that, Scott. I closed this account, with RBS, after being with them for over 30 years - so I've no fears about them closing it down. What's bugging me is that all the claims that I have been invloved with are settled with the interest that is 'craved' (court term - not mine) on the summons. So why is RBS taking this line now and will it mean the same for everyone in the future?
Anyone any thoughts on RBS not paying interest from the date the first charge applied? They say they will only pay interest from the date the summons was served on them. Is this right?
Can I also mention that the RBS defence I received states this at the end
'Esto, these charges are legally unenforceable (which is denied) the Persurer is not entitled to claim interest of 8% from the date each charge was applied to the Persurer's account.'
Help With Rbs - Plz !!!!!!!
have offered to refund the 'penalties' but said they will not pay the interest
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