I recently started proceedings with my claim against RBS. In the absence of full statements for the last 6 years I obtained the last 6 months worth from a selection of online and written statements - it totalled £402 (inclusive of interest). I then wrote to RBS (05/09/06) requesting that the charges be refunded. I did this as a temporary measure pending the return of full statements for the last 6 years, which I am still waiting for. RBS then wrote to me (06/09/06) advising that they think their charges are fair blah blah blah, however as a goodwill gesture would offer £253 if no further claims were made relating to charges applied to my account.

Obiviously given that I'm waiting on full statements for the last 6 years, which I intend to claim for when received, agreeing to this would not be a wise thing as it would restrict me claiming a lot of money. Therefore what is the best action to now take?

a) Ignore the letter and wait for full statements then calculate my claim as a whole and start again?

b) Write to RBS advising I accept their offer, but advise I will still be claiming for charges made prior to the period I'm currently claiming?

c) other.

Thanks for your help.

heyheymymy

I recently started proceedings with my claim against RBS. In the absence of full statements for the last 6 years I obtained the last 6 months worth from a selection of online and written statements - it totalled £402 (inclusive of interest). I then wrote to RBS (05/09/06) requesting that the charges be refunded. I did this as a temporary measure pending the return of full statements for the last 6 years, which I am still waiting for. RBS then wrote to me (06/09/06) advising that they think their charges are fair blah blah blah, however as a goodwill gesture would offer £253 if no further claims were made relating to charges applied to my account.

 

Obiviously given that I'm waiting on full statements for the last 6 years, which I intend to claim for when received, agreeing to this would not be a wise thing as it would restrict me claiming a lot of money. Therefore what is the best action to now take?

 

a) Ignore the letter and wait for full statements then calculate my claim as a whole and start again?

b) Write to RBS advising I accept their offer, but advise I will still be claiming for charges made prior to the period I'm currently claiming?

c) other.

 

Thanks for your help.

 

heyheymymy

It is your call but why accept £253 at all - accept as partial settlement and you will still be claiming rest. There is a letter in templates for this.

NEVER agree to "full and Final settlement" or such like or indeed any form of words that have any effect of restricting your actions in the future.

As GIZMO11 says accept their money as part payment with no strings if you like but go for a full refund of charges and any interest they charged on them.

It's YOUR money - go get it back.

Would my claim be predjudiced in anyway if I ignored their letter, continued to wait for my full set of statements and then started a new claim for the full amount charged from my account over the last 6 years including the last 6 months I've already put the wheels in motion for?

Would my claim be predjudiced in anyway if I ignored their letter, continued to wait for my full set of statements and then started a new claim for the full amount charged from my account over the last 6 years including the last 6 months I've already put the wheels in motion for?

I don't know - but it is good practice to reply to correspondance - after all that is what we are asking them to do. You could just accept the offer as partial settlement say you waiting for statements and will re assess amount you are cliaming when you recive them. In any event they will probably withdraw offer then.

A quick update.

Declined RBS's offer. They then wrote back (on the 14th day) stating they would offer me the full amount providing that it was in full and final settlement. Wrote back advising I would accept it but made it clear I would be taking similar action once I received my full statement history.

Funds were put in to my account today!