Hi,

I filled a claim against RBS for £470 + 8% statutory interest (£120) and the £80 claim fee. Total £670.

They have sent me a letter saying that I am in the wrong, but they have made an offer of £470...

Basically I don't want to accept... but If I reject the offer what is my chance of success?

Any comments

You can't go after the stat 8%, that would not go down well with the Court.

You should write back to them , however, pointing out that since they took so long to sort it out, that the timetable you outlined at the outset had been adhered to, and court action commenced, therefore they should be paying your court costs.

Has anyone had a offer and taken it further?

I don't think anyone has had an offer of a full refund and gone to court anyway, no. I wouldn't if I was you.

If you wanted to make sure you got interest, you should have gone for CI added at prelim.

Sorry if that's not what you want to hear, but you have won, enjoy it.

You've had a full settlement offer. What can you take them to court on the grounds of? You would be threatening getting your claim thrown out of court if you did this.

Hi wasted bullet i may be wrong here but the way i am reading this is that you have done your claim MCOL and then you have had an offer, to clarify this for you.

1/. If you havent started a court claim against them and they offered the full settlement you need to accept this as it would prejudice your claim not to.

2/. If you have started legal proceedings then they made you the offer, refuse it, you are entitled to the judical interest of 8% plus your costs of MCOL.

Clairify where you are at, claimed filed or not?

Hi wasted bullet i may be wrong here but the way i am reading this is that you have done your claim MCOL and then you have had an offer, to clarify this for you.

Aaaaah. Yes I see where you're coming from, jumped the gun a bit I did.

Misinterpretation may have been my fault, apologies. The OP clearly stated he has filed....

If you have filed, then the answer would be to reject. They aren't going to allow this to get to court. They will return with a full settlement.

There is a rejection letter in the template forum.

Here

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

Hi there,

Similar story here. I had already filed a claim by the time they responded to my original letter, 7 weeks later, offering to settle without liability the full amount.

I rejected their offer asking them to include the £39 cost in raising the action + interest on the amount.

Anyway, since then they have apparently stated they will appear on the date of the hearing which is on Monday (letter to that effect waiting at home). No hint given as to whether they are disputing the action or not.

So, no going back now. Will, as they say, keep you all posted...

Hi dgm17, judicial interest at 8% if so expect to be settled by then.

Hi

I've also been offered a part settlement from RBS. My LBA was sent to them at the beginning of the month and they first send a holding letter and then followed it up with an offer within the 14 day timescale. Thing is my claim is quite substantial (£7k plus) and they have offered me a settlement at about 75%. I know that by rights I can take it further but due to the amount of money involved I'm very tempted to accept to save me the hassle of fighting them any further. Anyone got any thoughts? Thanks

Hi

 

I've also been offered a part settlement from RBS. My LBA was sent to them at the beginning of the month and they first send a holding letter and then followed it up with an offer within the 14 day timescale. Thing is my claim is quite substantial (£7k plus) and they have offered me a settlement at about 75%. I know that by rights I can take it further but due to the amount of money involved I'm very tempted to accept to save me the hassle of fighting them any further. Anyone got any thoughts? Thanks

Depends whether it's in a Scottish Court or an English Court... in your case, the amount exceeds the small claims court limit in either case, so i would consider seriously whether you want to pursue them for the full amount... main reason being that were you to lose, then costs could be awarded against you - not something whihc can happen (as far as I understand) in the small claims court.

Hi scotsboy 67, due to the size of your claim i would suggest complaining to the FOS, you can download this complaint form and they will investigate the case.

i wrote an initial letter to rbs claiming 1521.00 + interest (390.00), they wrote back offering the 1521.00 but no interest, not sure what to do, does anyone have any ideas, do i accept the 1521.00 and leave the interest, or do i issue another letter asking for the interest ?

Thanks for the replies BigMac and DGM. You are right about the amount being over the level for the small claims (I would be claiming in an English court) and although I could complain to the FSA I think I'm going to accept it. Better in my bank account than in theirs!

Depends whether it's in a Scottish Court or an English Court... in your case, the amount exceeds the small claims court limit in either case, so i would consider seriously whether you want to pursue them for the full amount... main reason being that were you to lose, then costs could be awarded against you - not something whihc can happen (as far as I understand) in the small claims court.

But what are the chances of losing? If 25% of the claim means another £2,500 then surely the honus is on Scott to do his revision, ensure his court claim is watertight and file?

JMO

I had already filed my claim with MCOL.

I phoned RBS the next day and rejected the offer, I was told that the offer thay had made was the 'Only offer that they would make....etc...'. I said that because I had allready filed my claim online when they made the offer I wasn't going to accept it and I would request a Judgement as soon as the 28 day period exspired.

Then 36 hours later I had a second letter with settlement for the full amount. £626.