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a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
02 Mar - sent first letter requesting statements
13 Apr - sent second letter claiming £2.7k
18 Apr - received letter stating RBOS 'considering claim'
30 Apr - sent lba
Originally I was planning to use an English address and claim via MCOL but I've now decided to go via fos but unfortunately I haven't read much about going down this route.
I haven't mentioned interest in any of my letters to the bank, does this mean I wont be able to add this on?
When does the 8 weeks before I can complain to FOS start? Is it from the date of second letter?
Should I be sending any letters to the bank informing them of my intention to contact FOS and adding interest to my claim?
I presume you're in Scotland which is why you are going down the fos route rather than court?
8 weeks would be from when you sent prelim letter requesting refund -13/4/07. I am at a similair stage as you, the 14 days given in lba have now expired so it's just a waiting game now. Reading other threads RBS seem to be making offer at around 7 week stage, just before you would take complaint to FOS. Have a read at some of the Scottish threads and they should help you. I think you can only claim 8% interest if you were taking claim to court but don't quote me on that, again have a read at the FAQs and threads.
Btw, I'm sending a letter to Sandy Watt informing them I am giving them the 8 weeks that FOS guidlines state but after that I will be putting in complaint to FOS and will take legal action if necessary. Just to keep me fresh in their minds!! you may want to consider that. Good Luck
The fos will not become involved if any legal action has been started (Court involvement)
You can advise RBS that you will be claiming the 8% but this should only be shown in figures on your Court claim form.
The FOS are unable to get you the 8% interest so you would lose that.
Although there is an 8 week period suggested,it is not set in stone.
You should be able to show that you have made reasonable efforts to resolve the matters before contacting the FOS.
If it can be shown that you have gone down the communications route with RBS and they are consistently refusing to refund despite your best efforts then I would not see the need to wait the whole 8 weeks.
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Karen v RBS via FOS
but unfortunately I haven't read much about going down this route.
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