Bajillions vs RBOS

[bajillions]

I sent off my letter before action which was completely ignored, i gave the customer relations team a call to confirm receipt and ended up in a conversation with ross mcdonald about a refund, he said he would be very willing to discuss settling this out of court and if i could email him the chedule of charges. I did this and received an email saying he would reply in due course. This was on the 12th december. I waited until after xmas and had heard nothing, so i gave the customer relations team another ring, they said that ross was away due to a family grievance and that the issue would not be dealt with until his return, i said i was not prepared to wait and they said they would get someone to ring me back. Heard nothing. I called them again last thursday and spoke directly to ross who stated that, despite his enthusiasm to resolve the issue quickly during our previous conversation he stated that the policy is now no longer to settle ANY claims out of court. I tried to ask him about this as he was willing and i had been messed around by them for a month now. He then said "see you in court" and hung up. I immediately filled out the forms and will be taking them to the sheriff court tomorrow.

 

What i want to know is i started a seperate claim back in august which tommy mclean settled out of court, £1250. I have been charge £1080 in charges since august alone so i have decided to issue a claim for £1420 which is the charges since the last settlement and the remainder of the previous claim.

 

Is it £39 tomorrow when i take the forms up? Can i write a cheque for it?

 

I also would like to know what is likely to happen as i am a bit confused as to the procedure after the court proceedings have started and i'm not very good with legal speak rtc, any help will be appreciated. Thanks

[maroondevo52]

Hi,

 

Yes you can write a cheque for the £39.00. I take it your in Scotland and going to your local sheriff court ? After you sudmit your papers, the court will then write to you with a return date and a calling date (the day you go to court). BOS phoned me on my return date and offered me the full amount I was claiming plus my £39 court fee and interest.

 

Best wishes with your claim.

 

Scott.

[bajillions]

yep sheriff court for me. how long is it normally before the hearing? if it gets that far?

[tommyedinburgh]

yep sheriff court for me. how long is it normally before the hearing? if it gets that far?

 

 

Hi Bajillion, do you know if it is ok to lodge a claim for £4250 at a sheriff court?

[bajillions]

summary cause is limited to £1500.

 

i took my forms up today but unfortunately i sent the bank the schedule of charges so didn't have them, its going to take another 40 days and a SAR to get the rest i also wasn't aware that you had to pay a sheriffs officer to serve the papers when making a claim at summary cause level.

 

Feel a bit rubbish and close to giving up. Basically back to square one now

[maroondevo52]

Hi, don't give up ! that's what the banks want. I've mucked up my court forms a number of times and yes i've felt exactly the same as you. Just this morning I had to phone the sheriff court because I had put the wrong date when I used the Unfair Contracts Act, I put 1997 instead of 1977 !

Phoned the court today and I have to go in tomorrow to change the date.

Just have to scribble out the 1997 and put in 1977, easy peesy.

 

Best wishes with your claim.

 

Scott.

[bajillions]

Managed to find charges to make up the rest of the claim. letter should be delivered to the bank on monday

 

Does anyone know if it will make a difference that i've had a refund before? tommy mclean refunded £1250 to me but im due around £3000 in total and im claiming for 1455 this time round through the court

[maroondevo52]

Hi, I've also had a refund before, but will still be claiming another 4 times to get all my charges back. Did you sign anything when you accepted your first refund ?

 

Regards.

 

Scott.

[bajillions]

I was supposed to, but never did! doesn't matter anyway apparently, its not possible to sign away your legal right to something

[maroondevo52]

Sorry, yes I think your right.

[Advocate]

Must disagree, it is always possible to waive your right to make a claim which you would otherwise have. This is done all the time in settlement of legal actions. Should you agree to waive a right (normally to receive an agreed settlement figure), the question will then be whether your agreement has been vitiated by some error as to what you were agreeing to and which error was induced by the Bank through fraud or misrepresentation.

[bajillions]

Got the paperwork back from court today. Hearing date set for march (i won't say when, dont want Rbos to figure out who this is and monitoring the case too much)

 

So the bank should be served soon, then the ball is in their court (pun intended)

[maroondevo52]

Hi, I've got 2 claims up in March. Keep me posted when you hear anything.

 

Regards.

 

 

Scott.