Seawall vs RBOS

[DNA]

The deeply unlovely Intrum Justicia have taken to phoning me at work, which probably constitutes harassment. Will be looking for a suitable template to warn them off of this. The latest flunky to phone did seem rather taken aback by the notion that I might be prepared to take the RBoS to court though, until he got back on track and resumed the low level abuse.

 

Next time they phone you at work, say that you are in danger of being dismissed for misconduct for taking personal calls during working hours and hang up!

[seawall]

OK, here's the Sunday update on the funa nd games with RBoS and IJ.

 

First thanks DNA for the reply. I did get one more call at work from one of IJ's disinterested sounding females, and stopped her in her tracks with a prepared spiel about account being in dispute, taking no more correspondence or calls from them and that any more of it would be considered harassment and dealt with accordingly. The reply..'make sure you get your solicitors to contact us, have a nice day' !!

 

I have sorted out a reply to Tommy McLean's full and final settlement offer. This was complicated by arriving after I had issued a claim, so here it is:

 

Dear Mr McLean

 

Account No. xxxxxxxx

 

Thank you for your letter of 27th September, which I take to be a reply to my Letter Before Action sent on 29th August.

 

Unfortunately, even though I allowed 14 days from the date on which this letter was actually delivered to the bank's offices I had not received any response and have now issued a claim through Exeter County Court, which you will presumably now be aware of.

 

In view of this, I will accept the sum offered only as part settlement and on the clear understanding that I will persue recovery of the remainder.

 

Additionally, it would not be acceptable to credit any payment into the aforementioned account at present, as I believe that the Bank has placed the account into default, the subject of one of my grievances as yet unresolved. Therefore I feel that it would be best that no business is transacted through this account until the whole matter is resolved to my satisfaction and the default removed.

 

I trust that this clarfies my position.

 

Yours etc.

 

 

Had to hybridise it a bit because of the particular issues surrounding my dispute with this lot.

[seawall]

Now had another letter from Tommy Mac offering the full amount claimed, to avoid going to court Unfortunately the amount he quotes is based on my initial request; the court claim figure is slightly higher than that and has added interest of course. I feel a polite refusal coming on...

[seawall]

Not wishing to screw things up, I would appreciate a little advice here. In my previous post I mentioned that I had received yet another settlement offer.

 

This letter was a 'full and final' offer, but based on the spreadsheet enclosed with my LBA.

 

A Court Claim has been issued, based on a slightly higher figure than asked for in the LBA, and with interest and court fees added.

 

In view of Jonni2bad's note on the Rejection of Settlement template which suggests that a F&F offer for the full amount claimed must be accepted, what is the correct way of responding to this particular letter?

 

The RBoS only have two days left to reply to my claim, and my feeling is that this offer must be declined, but what form of words would be best (other than a two word answer of course )

 

Any advice would be most appreciated here.

[stacymason]

Hi seawall, perhaps a phone call may be easier just pointing out the difference in amounts. or a non standard letter accepting their f & F settlement offer but giving them the revised figure.

 

Stacy

[seawall]

Thanks for that one. Just seem to be close to a resolution of this and don't want to cock it up at this stage.

[seawall]

Went for the compromise option. Wrote back indicating that the amount was wrong - and nothing else. Also phoned Tommy himself, who seemed surprised that it had actually gone as far as a claim, and suggested that it was out of his hands. All very polite.

 

As of Friday the deadline for RBoS to reply to the Claim itself has expired and nothing heard

[seawall]

Nothing heard at all from bank or Cobblers, so Request for Judgement goes in today.

[weej]

looking at other peoples threads, dont be surprised if you get something in the post this morning. Its all part of the game apparently....

 

J

[seawall]

Sent TMcL another letter reminding him about the Default on the account which I require removing. Got a rather sniffy reply, pp'd by Ross MacDonald confirming that they were no longer involved with my case and suggesting that I liaise with my branch regarding the default!

 

That is a bit bloody rich, seeing as it was the branch's inability to answer any letters that set me on a collision course with them in the first place.

 

I can see the default becoming a contentious issue, as I fully expect that the bank will settle by paying my claim into the defaulted account.

[seawall]

Judgment in default against bank as of 28th October. How good does that feel?!

 

So how long do I have to give them to pay up now? I am minded to ring the branch up and ask them to have the cash ready to pick up. Still have the default notice on the account to discuss with them, and from a rather stronger position now.

[Guest BlueRuby]

Don't apply for judgment just yet - you should write to them pointing out that you have judgement but you are willing to settle without it. The courts prefer you to win on merit and not by default and this shows more than willing on your part.

[seawall]

Thanks Blue Ruby. Have tried ringing the local branch today, which rather startled them. They fobbed me off and put me on to Credit Management at Telford. We then had an essentially pointless discussion where they kept asking me for my proposals on paying off my overdraft, while I pointed out that they owed me far more money than this.

 

Their final suggestions was that if I had an issue with overcharging then I should write to Customer Care. They obviously don't get it! I had an issue, this part at least has been resolved.

 

Will attempt to talk to Customer Relations tomorrow, hopefully.

[seawall]

Prelim. letter for 2nd claim prepared and ready to go, regarding charges made prior to August 2000. Might as well keep them occupied now that they know that I'm serious.

 

My request for a default notice removal has not been addressed either, so presumably a s10 notice is in order.

[seawall]

After getting generally fobbed off last week, had a fresh start this week and seem to have got a result. Had a chat with their litigation people, faxed them a copy of the judgment and have been told a cheque will be sent. But when....?

[seawall]

OK, two developments. Chased up RBoS litigation about cheque for 1st claim. Informed it takes 5 days to raise a cheque, so hopefully can expect that next week.

 

Fob off letter received to 2nd claim in record time, only 4 days! this fob-ff wasn't from TMcL, but from the deputy manager at the branch. At least it has saved 10 days of hanging around. On to LBA now.

[seawall]

More good news. Had a letter from the bank informing me that upon reconsideration the default has been removed and various charges and debt interest are refunded. Pip pip!!

 

Still waiting for the cheque.....

[seawall]

It now seems like their Litigation department are actually having a problem getting the cheque issued. I'm apparently not the only person in this position according to the lady I spoke to. I feel a few hassling calls coming on to gee up somebody.

 

I had a whole tranche of documents arrive from the bank by special delivery yesterday, detailing the whole process that I have gone through this year, with copies of all correspondence and yet another set of statements! Interestingly, whilst all the letters I had from Credit Management Services in Telford had an RBoS heading, this lot of reprints have an 'ABC' header. Presumably they are some sort of DCA then. Hope this might be of use for somebody

[seawall]

As with everything to do with the RBoS, you can never rely on them to do anything they say they will, unless they benefit from it of course. Had been told that the cheque would be in the post by Monday at the latest, which it patently was not. Next stop bailiffs I think, and more charges for them.

[seawall]

All done and dusted now, thanks to everyone who has helped and supported me.