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.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Nasty work by the Royal Bank of Scotland. Offer of settlement around 15th July 2007 which we decided to accept but we waited for one week (to see if anything better happened) before posting the acceptance. On 24th July wrote to court withdrawing case subject to full payment of settlement by the bank(one week before hearing date). Also received call from bank asking us to withdraw the case since we accepted the offer.
Today still no payment so we called the bank- They said a letter was on its way in the next week or so explaining that the offer was withdrawn pending the result of the test case!!!!!! Quickly called the court but they had mis-interpreted my letter, assumed we had received payment and then withdrew the case instead of suspending it. Eventually they said I could lodge a minute of recall of decree. This I am doing, but I intend to use the offer to get a prompt settlement at the first hearing- surely the offer and acceptance are a contract which they have broken? Surely I can argue they have not acted in good faith allowing me to claim full court costs? I cannot beleive they can tell us to withdraw the case then cancel the offer!!! Any help or advice?
They cant withdraw their offer once its been accepted, not sure what this site is doing about this but others are working on template letters to send
Have a look around the other sites
I QUESTION THEREFORE I AM!!
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
Providing you have accepted the offer within their time period then they must accept it or you can make a claim against them for breach of contract. As suggested above, report them to the regulators first and then submit another N1.
Thanks guys I'm not too worried about going to court- I fancy trying to get them for not acting in good faith (to get full costs) and also another chance to get interest on the money.
I only have 3 days to lodge the minute of recall so I'm going to fax the bank tomorrow and lodge the minute if thety don't reply. Suppose I will lodge a complaint later (yes its a Scottish case!- whats an N1 anyway?!**)
They are so out of order! Done the same to me this week....made an offer I accepted and now they seem to be withdrawing the offer....grrrr.
9/8 - Discovered Consumer Action Group Site
RBOS - Personal Account
10/8 - S.A.R - (Subject Access Request) to RBOS
17/5 - Defence lodged by RBS
24/5 - Court date
21/5 - Offer received
22/5 - Offer rejected
25/5 - New offer received and accepted!!!!!!
MBNA Credit Card
10/8 - S.A.R - (Subject Access Request) to MBNA
Feb 07 Received payment in full...Yeh!!!!
RBOS Business Account
25/5 - May 07 - Statements received
23/7 - Offered received
WARNING to all - Recall of decree
. Offer of settlement around 15th July 2007 which we decided to accept but we waited for one week (to see if anything better happened) before posting the acceptance. On 24th July wrote to court withdrawing case subject to full payment of settlement by the bank(one week before hearing date). Also received call from bank asking us to withdraw the case since we accepted the offer.
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Re: WARNING to all - Recall of decree
Originally Posted by rory32
