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payment so we called the bank- They said a letter was on its way in the next week or so explaining that the offer was withdrawn pending the result of the test case!!!!!!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

That's what I think and I fancy the Sheriff will be upset too!

So will the FOS. The banks agreed to honour any offers made.

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.

report them to the regulators first and then submit another N1.

Monty we are in Scotland mate

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?!**)

Monty we are in Scotland mate

Oops, sorry I just assumed.......

An N1 is the form you would use under English law.

Incidentally I presume the test case will apply in E&W and be applied to Scotland via the OFT or will there be a test in Scotland?

Douglas are you going to give the bank a date to reply by e.g. 5pm on the date before you need to lodge the minute of recall.

I have only heard of one case have a sist (stay) applied due to the test case. That was in Glasgow.

Nope - instant money or else- otherwise I'll have to raise another action and expend the fee again!

How can I trust them- Ill ask for a bankers draught (or cash) from a local branch

Good. Just checking

Best of luck.

Thanks all maybe I should post the result!

Please do.

Thread moved to RBS forum

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.

Hi all

Seems to have happend to me as well, email from banks legal people with an offer on the morning of the first hearing saying they would represent the RBS and me and ask for a two week extension for settlment to be made, obviously the pen that signs the checks has run dry s nothing and all quiet except the letter informing me that a sist has been applied

OMG, wierd what they are doing, in my case they sent an offer about six weeks ago, which I declined. Then two days ago sent me a new offer letter, saying that either I accept this offer or wait til after....why are they being so inconsistent?

Hello everyone- I'm a new member today and have started a claim against RBS.

We received an offer on 14 July 2007 that we accepted on 01 August (within the specified 8-weeks time limit). Last Saturday we received notification from Cobbetts that they had filed RBS's defence against our claim so we thought the offer was withdrawn.

Have just phoned RBS to clarify this who advise that they are having to reissue all offers, including more options for the customer in light of the forthcoming test case; so we assume that they're covering their backs in case those accepting the offer decide to claim any shortfall from their initial claim in the future if the test case comes out in favour of the consumer?? Was also told that all offers made will still be honoured regardless of the test case.

Will let you know what happens but will not be withdrawing claim until offer paid out.

Sorry all- contacted the banks solicitors today. They assured me they cannot withdraw the offer- it seems the acceptance did not arrive (postal strike?) I faxed a copy to the solicitors who offered to lodge it with customer relations tomorrow to speed things up. If worst comes to worst I can sue for breach. They also stated that they are sending out a letter to those who have already received an offer giving them the option to wait until the test case is settled and presumably take the solution derived from the test case. Pay your money and take your choice!!!

Good, at least you seem to be getting somewhere. Let us know how it all ends.