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You can't go after the stat 8%, that would not go down well with the Court.
You should write back to them , however, pointing out that since they took so long to sort it out, that the timetable you outlined at the outset had been adhered to, and court action commenced, therefore they should be paying your court costs.
You've had a full settlement offer. What can you take them to court on the grounds of? You would be threatening getting your claim thrown out of court if you did this.
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Hi wasted bullet i may be wrong here but the way i am reading this is that you have done your claim MCOL and then you have had an offer, to clarify this for you.
1/. If you havent started a court claim against them and they offered the full settlement you need to accept this as it would prejudice your claim not to.
2/. If you have started legal proceedings then they made you the offer, refuse it, you are entitled to the judical interest of 8% plus your costs of MCOL.
Hi wasted bullet i may be wrong here but the way i am reading this is that you have done your claim MCOL and then you have had an offer, to clarify this for you.
Aaaaah. Yes I see where you're coming from, jumped the gun a bit I did.
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Similar story here. I had already filed a claim by the time they responded to my original letter, 7 weeks later, offering to settle without liability the full amount.
I rejected their offer asking them to include the £39 cost in raising the action + interest on the amount.
Anyway, since then they have apparently stated they will appear on the date of the hearing which is on Monday (letter to that effect waiting at home). No hint given as to whether they are disputing the action or not.
So, no going back now. Will, as they say, keep you all posted...
I've also been offered a part settlement from RBS. My lba was sent to them at the beginning of the month and they first send a holding letter and then followed it up with an offer within the 14 day timescale. Thing is my claim is quite substantial (£7k plus) and they have offered me a settlement at about 75%. I know that by rights I can take it further but due to the amount of money involved I'm very tempted to accept to save me the hassle of fighting them any further. Anyone got any thoughts? Thanks
I've also been offered a part settlement from RBS. My lba was sent to them at the beginning of the month and they first send a holding letter and then followed it up with an offer within the 14 day timescale. Thing is my claim is quite substantial (£7k plus) and they have offered me a settlement at about 75%. I know that by rights I can take it further but due to the amount of money involved I'm very tempted to accept to save me the hassle of fighting them any further. Anyone got any thoughts? Thanks
Depends whether it's in a Scottish Court or an English Court... in your case, the amount exceeds the small claims court limit in either case, so i would consider seriously whether you want to pursue them for the full amount... main reason being that were you to lose, then costs could be awarded against you - not something whihc can happen (as far as I understand) in the small claims court.
Hi scotsboy 67, due to the size of your claim i would suggest complaining to the fos, you can download this complaint form and they will investigate the case.
i wrote an initial letter to RBS claiming 1521.00 + interest (390.00), they wrote back offering the 1521.00 but no interest, not sure what to do, does anyone have any ideas, do i accept the 1521.00 and leave the interest, or do i issue another letter asking for the interest ?
Thanks for the replies BigMac and DGM. You are right about the amount being over the level for the small claims (I would be claiming in an English court) and although I could complain to the FSA I think I'm going to accept it. Better in my bank account than in theirs!
Depends whether it's in a Scottish Court or an English Court... in your case, the amount exceeds the small claims court limit in either case, so i would consider seriously whether you want to pursue them for the full amount... main reason being that were you to lose, then costs could be awarded against you - not something whihc can happen (as far as I understand) in the small claims court.
But what are the chances of losing? If 25% of the claim means another £2,500 then surely the honus is on Scott to do his revision, ensure his court claim is watertight and file?
JMO
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I phoned RBS the next day and rejected the offer, I was told that the offer thay had made was the 'Only offer that they would make....etc...'. I said that because I had allready filed my claim online when they made the offer I wasn't going to accept it and I would request a Judgement as soon as the 28 day period exspired.
Then 36 hours later I had a second letter with settlement for the full amount. £626.
They have made me an offer...
for £470 + 8% statutory interest
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Originally Posted by Bigmac versus
