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My two weeks "or I will commence legal proceedings" is up tomorrow. I rang them today and see if there was any progress. A not very nice lady on the phone informed me that they have 8 weeks from when they acknowledged my letter, that I had a case started and I would get an offer within the 8 weeks they are allowed under law. I informed her I had stipulated 14 days and she informed me that that did not matter and if I wanted to go court they would close the case they had started.
Where do I stand, should I go ahead with court tomorrow or do I have to wait for the 8 weeks?
The 8 weeks is,I think, a guidelaine given out by either the FSA or the fos(not sure which).
As you have sent the lba and given them the 14 days that they are allowed then,yes,go ahead with the court case.
Also as she had said that they would close the case they had started should you go to court it might be an idea to report them to the FOS becasue I am not sure that they can do this.
Good luck
They know the rules and will try anything to get around them.
Ok, it delays your court claim by a month, but I think this would be really effective. JMO - by all means file, just think right now they're so inundated, it's worth giving them a bit of leeway to see if they're forthcoming with an offer.
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The woman you spoke to got wrong the fact that it is 8 weeks since the day they received your initial complaint letter not from when they sent you an acknowledgement. That is straight from the fos website. They also can't close a complaint case just because you go to court about it. Maybe she was having an off day...:o
I agree with T4FF as they are so inundated with complaints now that a little bit of leeway, another letter, could save you a lot of time and effort in the long run.
superward
superward vs First Direct - WON!!!
superward vs RBS - WON!!!
When I rang up previously they did tell me that I was 15,024th in the queue! Not a backlog I'd want. I will take the advice and get a letter off in the next day or so.
I don't really want to do the whole court thing and would accept a reasonable offer probably if they made it in an acceptable timeframe. As my charges amount to £5793 it seems more complicated than the ones under £5k.
Their backlog is not your problem at the end of the day. Doesn't matter whether you are 15024 or 1500024, maybe give them another week and that is it!!!
If my post has been useful, tip my scales and let me know
Thought before I send the next letter offer a compromise that I would ring them and see if I could expect anything in the next couple days. SPoke to a very nice lady wo informed me that my offer letter had been created and I could expect it before the end of May! When I said I better get on with the court proceedings then as she could not tell me what the amount was (offers are created separately it seems), she put me on hold and spoke to her supervisor. When she came back she told me tat I would indeed get my offer by the end of the week, but again was unable to tell me the amount.
Now I have added the interest on my claim is for £7300 (£5793 without). Should I wait a few days for the offer letter or carry on regardless? I have a feeling the offer will not be anywhere near the £5793.
HJP, exactly what interest is your offer made of? When you say "now I have added interest" what do you mean by that? Are you referring to the 8% you would add when you eventually file your claim? Obviously whatever they offer you will be less this if it is the 8% so I guess you have a decision to make.
I wouldn't offer a compromise if you end up sending that letter, just say you require payment of full settlement else you will go to court in 7 days.
If my post has been useful, tip my scales and let me know
I used the calculator provided to add the 8%. In my letter to them, which I have not sent yet I stated what I would be claiming for including the interest and cost when it does go to court.
I had an email from the famous Sandy Watt this afternoon saying I will have my offer by the weekend. I have asked what the offer will contain (by email) but have not had a reply.
All communication from them has been very prompt and polite so far - so here's hoping....
Interestingly I got an email today telling me what the offer would consist of - two thirds of the without interest claim. I emailed back saying I wouldn't be accepting but happy to negotiate.
Sandy emailed me back
Dear Mr xxxxx Please note that there is a covering letter with our offer, which advises customers as to which type of charges are being refunded by the Bank. Once
you have received our offer, and are not willing to accept our offer, then you will need to advise us. We have standard procedures in place to respond
to customers who decline an offer. I am sorry, but I am unable to accept e-mail notification of a decline of an offer.
Should you wish to go to court, then that is your decision.
RBoS and the 8 weeks comment
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