I have a £180 claim agains RBS credit card.

RBS offered the difference between old and new charges prior to first hearing- this was refused.

RBS offered the full amount but no court fee, no interest, gagging clause and no removal of default. This was offered after first hearing but before the evidence hearing set for 4th October.

I have asked for interest, the court fee, no gagging order and removal of default notices.

Any help on productions would be greatly appreciated.

I have used the Govan Law Centre letter amended to suit my case. I guess I should submit the Treasury committee report where the RBS chairman made his statement and the credit card statements.

Are there any other documents I should use?

Does anyone think I should cite the chairman of RBS to get his evidence in court?!!!!$£*

I have won a case previously (against a firm of solicitors!) so I am reasonably calm about conducting the arguements on liquidated damages but a few pointers would help.

I am not versed in the vagaries of the Scottish legal system, but I have asked someone who is to have a look at your post.

Regards, Rooster.

Thanks where's Rory32 gone?

I'm here, but it's late Douglas. I'll post something for you later

Thanks Rory - me too (Yawn)

Update

RBS solicitors on the phone- new offer:

They will pay my court fee £39

They will remove the gagging clause

They will pay interest but only from lodgement of the papers. (about £4.00)

They have refused to remove the default notices.

I have insisted they pay interest from the date of the wrongful charges but their (trainee) solicitor insisted that Scottish case law would only allow interest from the time that papers were lodged. Is this true or more smoke and mirrors? Can I insist on removal of the default?

I'm sticking to my guns at the moment.

their (trainee) solicitor insisted that Scottish case law would only allow interest from the time that papers were lodged.

Their solicitor is refering to the law on contactual debt whereby interest can only be claimed from the date of judicial demand i.e. the date the party raises a court action.

Can I insist on removal of the default?

Yes if the default is as a direct result of the unlawful charges.

Thanks Rory.

New e-mail from the bank (quoted below)- they want me to provide Scottish case law to support my claim for interest from the date they wrongfully withheld the charges. Does anybody have the appropriate cases or is this just delaying tactics again or should I just accept the offer?

In order for your claim that interest should accrue from some other

>date to be successful it is likely that you will require to provide

>statutory authority and/or case law in support of your claim to the

>court. We would be willing to reconsider our position in the event that

>you are able to provide us with such authority in advance of the

>hearing.

They are talking b*llocks and just trying to muddy the waters. You will get 8% from the day of the charge.

I assume you have asked for interest at the annual rate of 8% plus judicial interest in your claim? Technically they are correct that judicial interest is only applied from the date of service, but you can ask for interest from the date of the charge as well.

Anyway, obviously the default is a sticking point as they don't want to remove it.

Thanks Rory, I've spoken to a solicitor who owes me one and he agrees. I rooted around the Law society's rules and dug up this stuff which I'm going to put to them-

I note the content of your e-mail.

I have taken legal advice which confirms my position on the recovery of

interest from the time when the money was wrongfully withheld.

Please be warned that your solicitors actions and those of your

'external solicitors' are governed by the Law Society of Scotland's code

of conduct. You have a statutory duty not only to your client but also

to the court, justice and the public in general.

Furthermore, the rules for Solicitor advocates state:

"6.The duty to the court

(1) Duties in relation to matters of law. Where a solicitor advocate is

aware of a previous decision binding on the court, or of a statutory

provision relevant to a point of law in issue, it is his duty to draw

that decision or provision to the attention of the court whether or not

it supports his argument and whether or not it has been referred to by

his opponent."

If I believe your actions and statements do not fully comply with the

word and intent of the code of conduct I will complain to the Society

over your actions. Further note that the Society has a procedure whereby

I can complain about the conduct of a solicitor even when I am not their

client.

Furthermore we reserve the right to refer to the contents of this email

if/when addressing the Law Society on the propriety of your statements.

Lets see what reaction this brings. By the way do you have a list of productions I could use?

Thanks for your help and advice.