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openwater

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About openwater

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  1. Hi Guys (Dx!), Just to keep you all in the loop regarding the final stages of my settlement. I received an Email from FOS today which I've cut-and-paste below. I'm not entirely sure how to interpret what this will mean in terms of the monetary value of my claim. If anyone (Dx?...) can enlighten me I'd be grateful. The Email: 'Mr XXXXX I thought you’d want to know that I emailed RBS before Christmas to let them know by error I’d not included an obligation on them to pay you £630 plus 8% simple interest on that amount. When a customer overpays or doesn’t have use of money they should have, it’s normal practice to ask the bank to pay 8% on that amount. I’d not included that in the provisional decision because I’d forgotten but did write to RBS to confirm I believed the obligation still existed. They left a phone message, then emailed me, last week to confirm they agreed with that outcome so that additional money will be added to what you receive from them. I’m not sure what it’ll work out at but since it’s being backdated from when you started repaying, it may be a nice additional amount on top of what you’re expecting. It also means that RBS is still working out what this will all be so want to make sure you know they are sorting this out. Kind regards, XXXXXXX' From what is stated, it isn't a simple case of '8% of £630' - can anyone enlighten me?
  2. They can be efficient when they want to be (and nice). The response from the FOS: 'Thanks very much for this prompt response. I’m attaching a settlement form for you to sign and return – I’m more than happy for you to scan it and email it back as that’ll probably be easier. I completely understand you’d want a letter from RBS confirming no further monies are due from you and they’ll make sure both Wescot and CapQuest cease any further action. I’ll make sure RBS do this. I did refer to this in the PD so they won’t be surprised. The rule is a bank has four weeks after they get the settlement form to make sure they’ve done what’s required. There may be a delay because of Christmas – and them ensuring how you want to be paid (send a cheque/direct to bank account) but it certainly shouldn’t take longer than this. Because of the experience you’ve had I will be asking RBS to get the ball rolling and make sure everything’s done as speedily as possible. I hope that helps.' And there it is. My journey seems to be over. It's been prolonged. It's been frustrating. It's been tiresome. It's been difficult. BUT IT'S BEEN WORTH IT!!!!!! :whoo: And so to return to my header, which was indeed a question when I first wrote it all those months ago; RBS, Capquest, Wescott Credit - all about to pay by the Ombudsman? The answer is YES, indeed they are!!! Thank you CAG but in particular site team member Dx100uk - you know who you are - I've never met you and most probably never will but from the bottom of my heart: THANK YOU SO MUCH - I HAVE RUN OUT OF SUPERLATIVES TO EXPRESS WHAT YOU'VE DONE FOR ME - I AM INDEBTED TO YOU And for anyone reading this thread for inspiration or help all I can say is DO NOT GIVE UP - You CAN take on these institutions and win - I'm the proof right here. Finally, when my money does come through, my first payment will be - without hesitation - to CAG Thank you all once again, Openwater
  3. Dx, Dx.... I owe you so much for guiding me through this incredible journey. I quite simply could not have got this far without your wise words and occasional...'prompting' So - and it's my last question so please do entertain me - quite simply a straightforward 'I accept' and nothing more?
  4. OK Guys (Dx?), It looks like - after 18 months - it's final decision time. I've had a response from the Ombudsman following my Email as per above. Here it is: 'Mr XXXX I thought I’d let you know RBS emailed me to say they accept the outcome of the provisional decision and are happy to settle on that basis without asking me to complete a final decision. I know in our emails last Thursday you said you were looking for more than being offered in the provisional decision. I’ve reviewed the file again but overall think I’ve come to the right outcome based on the evidence. I know debts were being collected back before 2005 (when the two companies became involved) but there were at least four different accounts so I think there’s a fair chance some of that may have been for other accounts. But in any case I’m satisfied the debt was £3,489.42 when passed to both debt agencies. Therefore overall I’d be re-stating what was in my provisional decision. If you now want to accept this outcome, we can sort out the final paperwork and get you the money you’re due without now going to a final decision. Alternatively I’m happy to write a final decision but this won’t be any different to my provisional decision. And RBS are already bound to implement the decision as they’ve accepted it. Do let me know what you’d like to do. Kind regards XXXX' So first off, a WOOP WOOP WOOP - I've WON! However, I do have some questions (and these will be the last ever I guess) I would be very grateful if you could help me out with; 1) What is the difference (or what is the difference to me) regarding accepting the offer before the FOS make a final decision as per her mail? Is it in my interest at all to have a final decision? I have no idea what the difference is 2) RBS, having accepted the FOS decision and consequently the payout to me associated with it, are clearly accepting they are culpable. Is there room to push them further as a consequence? 3) If anyone has ANY comments /suggestions / advice before I reply PLEASE let me know - it could be invaluable... Thank you all in advance, Openwater
  5. Yep, agreed Dx, I think that sounds logical and, well - KISS I'll reply tmw using your suggested method and update as and when. Thanks as always Dx
  6. You never cease to confuse me Dx - '...accept the offer'??? If I accept as you suggest, I'm leaving no scope for negotiating obviously - You don't think I should?
  7. Hi Guys, Received an Email response from the FOS today. I've copy-and-paste it below: 'Mr Xxxxxx Thanks for your recent email following receipt of my provisional decision. Just to clarify – the gaps are about how this mess happened. I’m not expecting you to provide me with any additional information. I already have a hefty case file with lots of information you’ve given us. And based on what I’ve seen, I know what I think is a fair outcome. I’m just giving RBS a final opportunity to see whether they agree with me. I’ve not reviewed any aspect of a claim against RBS for any PPI which you may have paid and think you shouldn’t have been sold. As far as I can tell from our case history about you, no formal complaint has ever been given to us about a PPI complaint. Before you panic, I may be wrong as PPI cases are dealt with differently from this type of case so I’ll ask Xxxxx (my assistant) to look into this and confirm back to you. If you’re happy with the provisional decision, please let me know. If RBS confirm back to us one way or the other, I’ll be able to get on with completing this case. Kind regards Xxxxxx Xxxxxxx' What do you make of that guys (Dx?)? The tone is surprising to me. Quite assertive, albeit polite. And the part: 'And based on what I’ve seen, I know what I think is a fair outcome' - I'd love to know how this 'fair outcome' came to be decided. I can't even begin to deduce what a fair outcome would be??? Thing is, I'm not happy with the decision (as I've mentioned in the past few posts on here) - so should I advise so? And regards PPI, do I push it or let it be? Dx, I need your wisdom my friend... Openwater
  8. Ok Dx, you've got me this far - so I'm sticking with you... Email sent, word-for-word as you set it out. I expect I'll hear something back tomorrow - I will update then
  9. My problem is guys - do I accept it in the first instance? Shouldn't I at least attempt a haggle?
  10. Thanks Dx, that was pretty much where I was coming from. I may however add an extra point or two to the mail... Thanks as ever. I'll update as and when
  11. Sure do Dx. The Ombudsmans Assistant. That's who sent and signed off on the letter. What's your thoughts?
  12. Dx, The more I toy with this, the more convinced I'm becoming that I should go for it. If I were to do so, how would you advise I address it with FOS?
  13. I made mention of PPI in my very first letter to RBS, which subsequently was part of what then became the initial letter to FOS. That was over a year ago. Subsequent to that I have mentioned the notion of PPI - then the realisaion I had proof of PPI from the RBS SAR info - and repeatedly throughout Email correspondence. In short, yes, FOS are very aware - and it's well documented - that from the very outset I was initially curious as to whether PPI had ever been applied and latterly could actually, physically prove PPI had been applied. Yet they make no mention of it in todays letter. It's not for a lot at all btw (about £160ish?) - but it's because smaller things like this have been omitted in the FOS consideration that makes me wonder / want to really see if I can push them. My real issue is that I have no real understanding of the FOS and the way it operates. For instance and as a blunt example: Would it be 'wrong' / 'silly' of me to simply write back (adding the recent Capquest dramatics which I didn't even have time to update FOS on yet i.e. cheque / no cheque - SAR not received / SAR complied with but sent to old address etc. ) - and inform them that I do not accept their offer but would consider....£3000?
  14. '....You or I would accept the present redress....' That's what I was looking for! So not a lot a point in debating negotiating you don 't think - take the offer and make a separate issue of the PPI? It all makes good sense, it's just that I have no idea how....'flexible' for want of a better expression, the FOS is / can be. The fact that I have in writing an admission of culpability from RBS in the eyes of the FOS just makes me want to flog that horse for every last penny. You guys have been with me on this journey - you must know where I'm coming from???
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