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?

I have decided to accept their offer, reluctantly, due to financial circumstances Can anyone point me in the right direction of a letter I could use to accept their offer but request that they pay me by cheque. I know there are a couple but I can't find them now. If they pay by cheque, payable to account no.XXXX, can I still pay into another bank? Thanks everyone for your advice.

I had recieved a court date of 20th september. Then today a recieved another letter offering goodwill gesture, same amount as the offer I refused, £1568, this was full charges minus interest and court fees, so about 500 short of amount I am claiming. THis new letter says usual, that they will apply for a stay on all court case pending test case. So if I choose to accept this offer, I agree to the following statement a) I accept this goodwill offer in full and final settlement. I am aware that in accepting this offer, this will be in "full and final" settlement of my compaint. I understand that this means that it is unlikely that I would be awarded a further sum even if the test case indicates that I could be entitled to a potentially larger amount. or if I refuse b) I wait until after test case What is the general thinking on this, can I accept their offer but refuse their conditions

Good luck with your claim lady muck, I am not sure if this link will work but if it doesn't just go to Bank templates library and you should find your terms and conditions there..hopefully http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html

Am getting very anxious now, as I still haven't heard anything (from anyone)

Thanks hedgey Well I rang my local court and they said as my case has already been allocated to my local court then I don't have to pay an allocation fee, thankfully!! But to wait on getting correspondance from them.

From my thread....6th June I filed my n1 on moneyclaim online, on the 15th June I got two interesting pieces of mail. 1. Letter from court giving notice that acknowledgement of service had been filed, giving the bank an extra 28 days from date of service of the claim form to file a defence which was 13th June. 2. A letter from Sandy Watt in Edinburgh offering me a gesture of goodwill of £1,568, (My full claim is for £2010, total charges is £1,568, 8% interest roughly £300, court claim fee £120) So basically on one hand cobbetts on behalf of RBOS say that they will defend the claim and on the other RBOS have directly offered a settlement. I have declined their offer and at the beginning of July I have been sent the standard cobbetts defence and request for further clarification, requesting that this information is to be provided by the 13th July. I have also been sent a letter from the court which included cobbetts request for further clarification. The court letter says: IT IS ORDERED THAT:- 1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.** Note: Any party affected by this order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order. **Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details. I asked the question: "Am I right in thinking that I didn't need to do anything with cobbetts request for further information and clarification, as I had done all this and as it is obviously a stalling tactic, and the court did not state anything. What confuses me a little is that the court letter included cobbetts request for further info but did not include their defense. I just wondered why they attached it. I have until 18th July to pay the allocation fee, there is mention of requesting a draft ...?? document from the court, I can't find any info on this, can someone tell me what this is and what its for? Am I right in thinking that if its a straightforward case and the procedure was followed as advised (on this site) that it will not get as far as the hearing. I understand that anything can possibly happen but the standard is that they pay up before the hearing date???" So not sure if this helps any as I am not too clear of the process either but from reading other threads this seems to be the standard!

Can I PM someone with a different query than I posted above?

I have been sent the standard cobbetts defence and request for further clarification, requesting that this information is to be provided by the 13th July. I have also been sent a letter from the court which included cobbetts request for further clarification. The court letter says: IT IS ORDERED THAT:- 1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.** Note: Any party affected by this order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order. **Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details. Am I right in thinking that I didn't need to do anything with cobbetts request for further information and clarification, as I had done all this and as it is obviously a stalling tactic, and the court did not state anything. What confuses me a little is that the court letter included cobbetts request for further info but did not include their defense. I just wondered why they attached it. I have until 18th July to pay the allocation fee, there is mention of requesting a draft ...?? document from the court, I can't find any info on this, can someone tell me what this is and what its for? Am I right in thinking that if its a straightforward case and the procedure was followed as advised (on this site) that it will not get as far as the hearing. I understand that anything can possibly happen but the standard is that they pay up before the hearing date???

Too true!! Thanks for that Rory

Just to update everyone... today I got two interesting pieces of mail. 1. Letter from court giving notice that acknowledgement of service had been filed, giving the bank an extra 28 days from date of service of the claim form to file a defence which was 13th June. 2. A letter from Sandy Watt in Edinburgh offering me a gesture of goodwill of £1,568, (My full claim is for £2010, total charges is £1,568, 8% interest roughly £300, court claim fee £120) What is the current opinion on this? Ideally I want to go for the full amount as its an extra £500. Would the court look on this as being "greedy"?

As mentioned in last post, I posted three copies of my schedule of charges to the court manager in Nottingham on 30th May (by 1st class recorded delivery). These have not been delivered yet so was a little worried and rang up the customer services. They told me that there was no point in sending these to the court as the claim gets issued automatically. They said if you want the bank to have this, then to send it to the bank directly. Am I right in thinking then, that there is no need posting yet another copy of my schedule of charges, as they already have two copies (attached with PRELIM and LBA)?

Hi Dizzy, just to let you know that when I sent my SAR they responded with their standard letter with a goodwill payment of £330 to be credited to my account along with a list of charges totalling £800, but I am a little suspicious that all charges have not been included in the list that they sent me. So I may give them a ring and see what they say. Not sure why some are paid by cheques and some of us are getting accounts credited...

I sent MBNA a SAR about 8 weeks ago, and was just about to sent them the letter threatening court action to get the info from them, when I recieved a letter today saying the usual, we think charges are fair but as a good will gesture we are crediting your account with £330. They also supplied a print out of my charges which total £800. I am about to send them a letter saying thanks, I will accept this £330 as part payment and give them 14 days to pay up the rest, but I have a question... As I never sent them a prelim letter requesting that they repay me my charges, can I go ahead and ask for the rest to be paid within 14 days or will file a claim without further correspondance, ie can I send them a LBA or should I send a prelim first?

Just to update... I got the usual response after the prelim letter saying we are looking into your claim and will get back to you. The 14 days expired and I sent LBA, got no response so I filed my claim for £1890 incl 8% stat interest on Money Claim Online, which has been issued today. Today I posted a letter to the court manager including three copies of my schedule of charges. So I guess I have to sit and wait..... Does anyone know if ALL claims with RBOS are going to the bitter end now?

Well I have posted it off and just to make sure, I posted it special delivery and recorded delivery. Fingers and toes well and truly crossed!!

I found this in the depths of their website Customer Advocate Office If you would like to refer a complaint to MBNA Europe Bank Limited, please write to: The Customer Advocate Office MBNA Europe Bank Limited PO BOX 1004 Chester Business Park Chester CH4 9WW Karma this is the address you were given..so I guess this is where they want us to send the SARs You can also e-mail: [email protected] Please note: MBNA will not enter into correspondence via e-mail. If your complaint requires a response, please include your address and telephone number within your e-mail. Do not include personal account information. UK Financial Ombudsman Service If you would like to refer a complaint for independent arbitration, please write to: Financial Ombudsman Service South Quay Plaza Marsh Wall London E14 9SR Telephone 0845 080 1800 E-mail - [email protected] UK Banking Code MBNA Europe Bank Limited is a subscriber to the Banking Code. Copies of the Banking Code can be obtained from MBNA Europe or through the Banking Code Standards Board at: www.bankingcode.org.uk UK - Financial Services Authority and Office of Fair Trading MBNA Europe Bank Limited is authorised and regulated by the Financial Services Authority and is entered on the FSA's Register (www.fsa.gov.uk/register) with FSA Register Number 204487. MBNA Europe Bank Limited is licensed to provide consumer credit by the Office of Fair Trading in the UK.

Thank you very much for all your advice, I really appreciate it. I have typed and printed probably what is my 4th version of the prelim letter (I keep changing it every time I read something new!), this one I am going to post but unfortunately I do not have the courage to ask for any interest at this stage. So that clears up some of the issues I had. The only remaining issue is I have read somewhere on the forum that you need to have lived in England for at least three months, but I guess if it comes to it I can give a relatives address in England prior to when I moved. Well I am just going to post it and stop thinking about it, its driving me crazy. Again thanks soo much!!

Thanks for the info Rory32, I would love to just charge at 29.84% but surely that would be seen by any court as ...pushing my luck? Have people done that before?

Hello everyone, first of all thank you so much for this great site. I am about to send my prelim letter in but I have come across a few things that I would really appreciate some advice on I sent the two DPA letters to two different branches where my accounts where held, requesting 5 years of charges info, I have only recently moved to England and had assumed I would be under Scottish system, one of the two branches sent six years of statements even though I only requested 5. So either they saw the English postal address and assumed I really wanted 6 years or they realise that I could make a big mistake applying for 6 years when I am only entitled to 5 years. I moved from scotland in middle of January, went travelling and moved to England in the middle of February. So my question is, can I apply for 6 years? Then when calculating the contractual interest I am coming up with no interest I can claim for even though most of my charges put me into either an authorised O/D charged @ 19% or unauthorised O/D @ 29.84% but as the spreadsheet tells you to insert account balance when they debit the interest which occured one day after pay day every month my balance was mostly in credit (not by much though). So basically my account is deep in red for whole month apart from about 2 days after pay day. I have been reading up on the whole subject and just seem to be getting more and more confused. So do you think I should just claim for my charges which add up to £1540 and add the 8% if I have to make a claim to the courts which adds up to £1857? Then the details of the charges are not made clear as most charges just say "CHG to dd/mm A/C xxxxxxx" so I am having difficulty describing these charges on the spreadsheet. Also can I point out that my balance is currently sitting at -£1500 and my charges total £1540, coincidence? Thanking you in advance for any info/help and good luck to everyone in the process!!