Please tell me RBS are bluffing...

[aussie22]

G'day mate,

Just got your message. Sent off AQ N149 before xmas. Still awaiting hearing date "I think". Heard nothing from anyone. Just call me a mushroom.

Any tips would be appreciated.

Thanx

G

[Guest willowb]

Would that be Chestnut or Oyster?

 

RBS (via Cobbetts) have offered me £1750 - some way short of the amount being claimed for.... so I am about to send them my response. Can I have any thoughts from all your experienced eyes as to whether this covers things. All comments gratefully recieved.

 

............

 

Dear Cobbetts,

 

Thank you for the letter dated 3rd January regarding RBS’s offer to pay just £1,750 of my claim. Although I appreciate yours and your client’s offer to make a payment in an effort to avoid the necessity of court action, I must decline this unacceptable amount. Fine

 

I had previously made a without prejudice why without prejudice?offer to your client of settling the claim for just the amount owed, rather than applying the interest and costs as well. This offer was made early in proceedings so that we could not only avoid wasting as much time as we already have, but also to negate the need for paying solicitors and court costs too. However this more than reasonable offer on my behalf was dismissed out of hand – something that I have already advised the courts of.....a Judge will not acknowledge this offer if you made it 'without prejudice'

 

I am also still awaiting your response to my last letter which including the answers to the questions you required. As your records will show, that correspondence also included my own Part 18 request (a copy of which was also forwarded to the courts) yet despite being given ample time and allowances for the Christmas break, I have not yet received a response. As solicitors, you are no doubt aware that such a request must be responded to with in the given time. I am therefore looking forward to receiving those answers in a full and detailed manner by return in order that we can resolve this matter.

 

I have also informed the courts that I was always prepared to pay the actual costs incurred by your client with relation to returning the direct debits/cheques/standing orders in question, however without response to my request for a full breakdown of these costs, I am not actually able to work out that figure without going to court. good one! Therefore if your client is genuine in their desire to resolve this matter without going to court, I would suggest that they provide me with the full and detailed breakdown of costs involved in their actions. If your client remains unwilling to provide this information then the only options available to them will be to pay in full the amount owed, along with the interest and the court costs that I have already incurred, or that they allow this case to be heard in court.

 

I look forward to receiving your earliest response.

 

Yours faithfully

 

Doesn't matter about the 'without prejudice' offer you made, just leave that bit out. IMHO it won't go to Court and it's only a matter of time (not long now...hang in there!) before they give in!

 

Wxxxx

[Travelscribe]

Willow - thanks for that. The reason for the mentioning of my 'without p' was in response to them saying almost exactly the same thing about their offer. "Whilst this letter (from Cobbetts) is written without prejustice save as to costs, in the event that you decline this offer, we will draw this letter to the court's attention on the basis that we hold the firm view that this offer is entirely reasonable in the circumstances". So it was just me telling them that I had already tried to be reasonable, so don't try to threaten me. Do you see whereI was coming from?

 

If I am missing the point, then let me know and I will ammend before sending. I must admit that it is only the Citizen Smith in me that stopped me saying 'yes'. After all, it was money that up until a few months ago, I thought I was lost forever. But I can't let the revolution down even if my wife looked at me like I was nuts when I told her I was going to tell them to sod off.

 

 

Aussie - You were about the same place I was so, I should think you will have an offer in the next two or three days. Stay in touch and let me know how you get on.

[Guest willowb]

Hi,

 

It's just that anything beginning with 'without prejudice' is insubmissable as evidence in Court (at the Judge's discretion anyway). So, I would have thought that their offer which they firstly say is wp then go on to say that it will be brought to the Court's attention is insubmissable. If I were you I wouldn't write any letters as WP unless (as BF says) you are saying anything detrimental to your case or that you are ashamed of etc etc.

 

You have absolutely nothing to hide, and yes they are being intimidatory....I would start the letter...'NOT without prejudice' which will tell them that you know exactly what you are doing!

 

See this thread...

 

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/51530-without-prejudice.html?highlight=without+prejudice

 

I can understand your Wife's concern at the rejection, my hubby was the same when RBS made an offer and we were broke! but he was delighted when we got the full amount about 6 weeks later! my advice is to hang in there!

 

Wxxx

[Travelscribe]

You are a star... thanks Willow

[Travelscribe]

All changed and now in the post. Will keep you updated.

Now onto my new fights....

Halifax for late payment fees

M&S Money for misselling me an 'arrangement'

Egg for adding 'payment protection' without my consent

GE Money for £2000 in early redemption charges

 

Thant should keep me occupied for a while - but now that I am pretty much straight financially, I will enjoy every second of it.

 

As and when the money comes through from RBS, I will of course be making a donation to the cause. Is 5% an acceptable amount (that comes in at around £150)

[aussie22]

G'day folks,

Date: 17/01/2007

Phoned CC last week to see how AQ was going. Lady I spoke to toke my case# and told me that they had accidently filed my case. She then went on to say that she would put it under the judges nose and I should get a reply in the next couple of days.

Still waiting................

[Travelscribe]

I WON, I WON, I HAVE BLOODY WON......

 

Just got a cheque for three and have grand. I am obviously going to wait for it to clear before I send the forms back in to the court.

 

THANK YOU SO MUCH to everyone for their help and support. I did get wobbly at times but the likes of WillowB got me through it. Thanks and yes, once the cheque clears then I will of course be making a decent donation to the website.

 

I think the final thing for them was that after they had kept ignoring my request for a breakdown of how they calculate the charges, so I told them I was applying to the court to call Sir Tom McKillop (Chairman of RBS) as a witness to explain in person to the court how the charges are calculated. Almost a shame really as I was looking forward to that. That and sending the baliffs into the bank would have been the perfect way to end, but a bog fat cheque will do...

 

Now on to GE Money.

[Guest willowb]

so I told them I was applying to the court to call Sir Tom McKillop (Chairman of RBS) as a witness to explain in person to the court how the charges are calculated.

Nice one!!!! lol;)

 

Congratulations!!!!!!!!!!!!!!!!!!!!!!

Well done you! don't it feel good!

Wxxx

[davieh]

Well done to you I am at the very beginning of my claim (well actually my sons claim) I am doing it on his behalf and am so nervous but I just keep coming on to this site to read all the success stories to boost my confidence. yoy winning has just made my day so well done again and enjoy the money :-D

[Travelscribe]

There are a few points that proved to be pivitol....

 

When you press send on the small claims court action. THat is when you know it is serious. The fact you have to pay really steels you to it.

 

Then it is when the banks solicitors file a defence at the last possible second. It is really disheartening as with a day to go you start feeling like you are going to get a walkover. It is real downer when they file.

 

Just after that when you get the court allocation questionaire. The fact that they ask such dumb questions to things they already have the answers to gives you a real boost, especially when you take the templates for your answers to their CPR Part 18 Request and then fire back your own.

 

The tough one though is when they try to drag you into playing Deal Or No Deal. My total claim was for three and half grand, and I had to stay focused on that when the offer of £1750 came through the door. By this time you have been at it a few months and it is so tempting to take it. That is when you need to come back here to talk to people that will talk you out of accepting it. It seems a lot of money, especially when you thought you would never see that cash again, but be strong. Once you have said no, you start feeling really strong.

 

It was at this point I told the bank that I wanted to call their Chairman as a witness. I did it to amuse myself, and I probably should have taken advice on it as a tactic and how it would be viewed by the courts, but it did the trick as 4 days later the check was in my grubby mits.

 

But overall. be strong. You say you are doing this for your son, so it shows you care enough to fight for him. So just think of the banks as the playground bully stealing his lunch money. You wouldn't let them off and you wouldn't accept only part repayment, would you? You would do whatever you need to do to get the result.

 

But, hey, don't just listen to my thoughts, talk to the likes of WillowB that have been at this longer than me. If you are ever unsure, just ask.

 

Thanks and good luck

[Guest willowb]

Well done to you I am at the very beginning of my claim (well actually my sons claim) I am doing it on his behalf and am so nervous but I just keep coming on to this site to read all the success stories to boost my confidence. yoy winning has just made my day so well done again and enjoy the money :-D

Hi Davie if you want to link your thread here, I'll subscribe.

 

Wxxx

[davieh]

Hi

Now comes the embarrasing bit I don't know how to do a link Help pls

 

Rose (davieh's mum) :(

[Guest willowb]

Awwww:)

 

No matter! I'll find it in your profile.....but for future ref, just open the thread and left click your mouse over the box at the top of your screen with [http:"]] etc. it will highlight in blue and a box will drop down, right click your mouse on 'copy'. Then go to wherever you want to link and left click your mouse again, a box will drop down again and then right click on 'paste'.....bingo!

 

Sorry if that was a bit 'simple and long winded' but I appreciated it explained to me that way when I was unsure of how to do it.

 

Wxxx