Thread: out of pocket again v rbos

Originally Posted by outofpocketagain

2 claims with rbos.

Claim 1 for £4138 plus interest. Usual letters submitted, reply from sandy watt that"currently considering your claim" No response so MCOL submitted. Ack received on 14th day. Found sandy watt email on other thread - so emailed asking for update on both claims. Received response saying both claims were being looked at.
Offer received this morning for 4138 no interest

Claim 2 for £1724 plus interst. Usual letters submitted - no ack received. Was going to issue mcol but lack of funds held me back
Offer received yesterday for 1724 no interest

I think i will accept - I assume i wait until funds are received before I inform mcol?

My problem is state of my account.

rbos have defaulted on all accounts as i am currently above any o/d limits and worrking with DM company to pay all creditors monthly.

ac 1 is 6k overdrawn on 5k o/d limit
ac 2 is 0.5k od on nil o/d limit

i am also in default on loan and cc payment to them

I have agreed a repayment with them previously but have been advised that bank accounts "will be held for repayment purposes only"

Now if refunds are made into bank a/c, claim 1 will go a long way towards paying off o/d on a/c 1. A/c 2 would have a positive balance of 1.2k which will be very useful, but my concern is: could this be offser against either a/c 1 or cc or loan arrears??

can I insist on cq payment so I can use the money to pay who-ever I want to?

Any help will be most appreciated

HELP - i want to respond this weekend - can anyone offer me relevant advice please????

Part of your negotiations with the bank should include the withdrawal of any default entries on your credit reference.

You can try for a cheque payment but you can't insist on it, the bank is quite within its rights to offset any reclaimed charges against the debts that are owed by you.

Originally Posted by Kurt_Hamster

Part of your negotiations with the bank should include the withdrawal of any default entries on your credit reference.

You can try for a cheque payment but you can't insist on it, the bank is quite within its rights to offset any reclaimed charges against the debts that are owed by you.

thanks for the info Kurt. can they offset any of these monies against otherrbs accounts in my name, or just the a/cs the chargre repayment relates to???

The debts are relative to you, not the account, so the same thing goes for offsetting those debts.

sent my acceptance letters off on sunday. How long beforwe payment is likely, and wuill they just credit the a/c or will they send me an advice??

I have gone legal on one of my claims. RBS acknowledged and have until weekend to submit a defence.
From reading other posts it looks like it takes them approx 2 weeks to pay after they have received my letter agreeing to their offer - this will take me to 22/6/07.
What happens this weekend if they have not submitted a defence. should I apply for judjement in default? or just wait another week??

If you accept their offer, you will have to wait for the cheque, and as Kurt Hampster says they can offset any money agianst other debts ...but if they fail to submit a defence by the time they should, apply for judgement by default, If you get this they cannot use any of the money to offset any debt. It has got to be paid to you then they have to take you to court for any money you may still owe.

sparkie

Thanks sparkie, I may do that. any idea how long it is likely to take from requesting judjement in default, to actual receipt of funds??? also i have an offer from them on another account which I have not gone legal with. If I apply for judjement, and enforce, can they withdraw this offer???

I imagine they could withdraw the offer on the other account, but then you could claim that ,that action was a retaliatory action not a standard withdrawal, a judge would look unfavourably on this I think, if you had to start another action, just my view , I'm not a legal person, it is only my opinion.

sparkie

HI outofpocketagain,

Forgot to add the time for receiving funds after judgement by default is normally within 14 das from date of judgemnt ....that providing they don't apply to set aside judgement ...which I very much doubt.

sparkie

RBS have filed their defence on line today- last day possible.
Does this affect the offer they have made me (which I have accepted)

defence (6 pages) and request for further information (3 pages)received today from cobbetts.
Info required by 29/6/2007
Is this likely to alter the offer they have made, which I have accepted?/

Originally Posted by outofpocketagain

defence (6 pages) and request for further information (3 pages)received today from cobbetts.
Info required by 29/6/2007
Is this likely to alter the offer they have made, which I have accepted?/

can any one offer any help on this????????

Anyone?????

It's just a case of the left hand not knowing what the right is doing. No it won't affect your settlement offer.

Do not stop your claim until the funds are in your account though.

Originally Posted by Kurt_Hamster

It's just a case of the left hand not knowing what the right is doing. No it won't affect your settlement offer.

Do not stop your claim until the funds are in your account though.

The Defence has come from cobblers direct. should I wait until I receive anything from the courts before I respond??

Cobblers are just acting for the RBS, so if the offer comes direct from RBS then that takes precedence.

As regards waiting for the court, again it's not necessary. Once those funds are in your account the whole thing is over, so whatever the court or Cobblers say is immaterial.

Once you've received the funds just write a letter to the court explaining that the bank has settled and you are closing the claim. Once they receive that and action it, then all other communications will stop. If they don't and you get more letters from Cobbetts just relax in the knowledge that they mean nothing to you but will be billable to the RBS

Waiting for receipt of funds at moment, but cobblers have asked for my detailed respose to their defence by 29/6/07. what do i do if funds not received by that date???

Cobblers can't make deadlines, only you or the court can do that.

Additionally your claim doesn't come under the auspices of CPR18 so Cobbetts can't ask for anything under the "rules of disclosure".

If you are concerned though a brief letter along the lines of "your client has settled with me, now leave me alone" to Cobblers should suffice, though make it clear to them that you will not stop the claim until funds have appeared in your account. Just to be on the safe side send a copy to the court too.