RBS & going to Court **WON**

[andy_mcd]

I have claimed for £1,870 (including interest) from RBS. I have a date of 13th October for the court hearing. I have received a letter from their Solicitor offerring to settle for £1100. I am supposed to let them know if I will accept this by Tuesday 26th September.

 

Should I accept their offer, negotiate for more or just go ahead with the court case?

 

I would be grateful if anyone can help with this as this is the first time I've posted anything and I'm not really sure how to use all of the site properly!

 

Thanks.

[clint1974]

accept it as PART settlement and proceed to court !

[andy_mcd]

Cheers Clint,

 

I sent this letter to Cobbett's today! (based on template letter 'Rejection of settlement offer').

 

I think it's short and sweet and to the point. I'll let everyone know what their response is soon hopefully.

 

-------------------------------------------------------------------------

[Address] [Date]

Response to settlement offer

 

Ref: [Their reference number]

Claim No: [Claim referenece number]

Dear Sir/Madam,

 

 

Thank you for your letter dated xx/xx/xxxx.

I respectfully decline your offer of settlement and request that you refund to me all charges that have been taken from my account now totaling £xxxx.xx [This amount is the charges + 8% APR to date from the spreadsheet].

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder in the County Court if necessary.

I trust this clarifies my position.

Your’s faithfully,

[signature]

[Print Name]

[paulwlton]

Sounds good to me.

[stacymason]

Hi Andy,

 

There is no way they are going to show in court, you should have a cheque very soon!!

 

Just in case though have you registered on the court buddy system, to see if there is anyone in your area who could offer a bit of moral support?

 

Stace xx

[andy_mcd]

That makes me feel a lot better. I'll register for this soon. Has anyone been to Court yet? It looks like most of the people have settled out of Court!

 

Thanks.

[stacymason]

no Andy they haven't, and they won't with this one either but it's better to be prepared!

[andy_mcd]

Am I surprised? No. I just find Cobbetts tactics unbelievable.

 

I have just received a letter 7 days before the Court date asking for a response to their last letter that offered me £1,100. I now have a further 7 days to reply.

This is their letter:

_______________________________________

 

We refer to our letter of 18 September 2006, a copy of which is attached, and note that we have not yet heard from you.

 

We should be grateful for your response and we look forward to hearing from you within the next 7 days.

_______________________________________

 

I sent my response by Royal Mail guaranteed next day before 1pm delivery to arrive on 26th September. I have checked on the Royal Mail website and got an electronic receipt showing the signature and stating that the letter was delivered before the guaranteed time.

 

I have now sent a follow up response (recorded delivery) as follows:

________________________________________

 

Dear Sir/Madam,

 

 

Thank you for your letter dated 5th October 2006.

Please find enclosed a copy of my original letter dated 23rd September 2006. This was sent as a Royal Mail gauranteed next day delivery before 1pm on 26th September 2006. I have enclosed the electronic proof of delivery for the letter showing a signature and name.

I respectfully decline your offer of settlement and request that you refund to me all charges that have been taken from my account now totaling £1912.27. I also request that you refund to me additional costs incurred in pursuing this claim now totalling £228.20. The amount of my claim now stands at £2140.47.

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder in the County Court if necessary.

I trust this clarifies my position.

Yours faithfully,

[stacymason]

sounds good Andy, May be worth giving them a ring and just repeating what you've said in the letter, may speed things up with the court date being so close. Have you done any prep work just in case for the court date?

 

Stacy xx

[andy_mcd]

Thanks for the advice.

 

Sent the letter recorded first class today. Have got all the information about going to court and read through it so I understand the arguments. Will have to prepare some details to take to court with me. I would welcome the opportunity to negotiate with them so I may phone them after I've checked receipt of my letter with Royal Mail. Obviously I won't accept less than the full amount.

[andy_mcd]

Great news - another winner!!!

 

I received a cheque this morning - the day after the court hearing date for the full amount.

 

I had a stressful morning on Thursday the day before the hearing was due at 12PM on the 13th October (Friday!). I had been tracking my first class recoreded delivery letter to Cobbett's with Royal Mail and they said it still hadn't been delivered. I decided to phone Cobbett's just so I could explain that I had sent a reply in case it went to Court. As it turned out this was a great excuse (and time) to phone them (I didn't really want to phone them just to negotiate). Incidentally, I was in my car at work and I didn't have any details with me or a pen and I was trying to remember phone numbers that my wife was giving me over the phone while my battery was running out. I finally got through to the correct department and they said they were about to write to me offering me the full amount. They said they would be writing/faxing the court to ask that the hearing be vacated. They asked me to do the same. I agreed and soon after the battery ran out on my phone. Once I had found someone with a phone charger and got a pen I phoned the court and they said I could hand deliver the letter that evening and I should mark the hearing date and time clearly on the outside of the envelope.

 

I now have a notice of discontinuance form from Cobbett's that I need to send off.

 

In their letter it states that I should not disclose details of the payment to any third party. Should I sent a letter stating that I don't agree to this? I think I've seen letters with things crossed out, etc. I will check what other people have done.

 

Thanks to the Consumer Action Group and everyone who has given advice and moral support. Not forgetting Martin Lewis's fantastic website that pointed me in the right direction. I will be sending my donation soon.

[stacymason]

Well done Andy, Fantastic news!!!! think thats probably the closest RBS have ever come to appearing in court!!!

 

Congratulations!

 

Stacy x

[andy_mcd]

Just donated £100 (5%). 5% seems to be what people are donating. Hope this is ok. Will keep an eye on RBS threads and give advice if I can.

 

Thanks,

 

Andy