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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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WARNING to all - Recall of decree


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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?

written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.:lol:

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

written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.:lol:

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

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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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.

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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.

written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.:lol:

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

Monty we are in Scotland mate ;)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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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?!**)

written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.:lol:

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

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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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?

written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.:lol:

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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.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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

written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.:lol:

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

written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.:lol:

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Good. Just checking :)

 

Best of luck.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Please do.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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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.

9/8 - Discovered Consumer Action Group Site:D

 

RBOS - Personal Account

10/8 - S.A.R - (Subject Access Request) to RBOS

17/5 - Defence lodged by RBS

24/5 - Court date

21/5 - Offer received:rolleyes:

22/5 - Offer rejected

25/5 - New offer received and accepted!!!!!!

 

MBNA Credit Card

10/8 - S.A.R - (Subject Access Request) to MBNA

Feb 07 Received payment in full...Yeh!!!!:-D

 

RBOS Business Account

25/5 - May 07 - Statements received

23/7 - Offered received

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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 :mad:

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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?

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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.

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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!!!

written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.:lol:

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

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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