dagrat v rbos ** WON **

[dagrat]

Cheers Hydra

But im I right in thinking that as long as my charges are below 5K, that the ammount of interest and court costs wont push the claim into fast track?

[isidore]

Correct.....as long as your original claim is under 5k you're fine.

[dagrat]

Thanks Taff

[dagrat]

Received this email last night from Tommy, seems he is determined to pay settlement into their account

 

 

 

 

Apologies for the 2 letters. We have a number of claims where customers

write chasing a response and as a result, it is difficult for us to make

sure we don't respond to each letter. I assume that is what happened in your

case.

 

When we receive an acceptance from a customer who still has an account open

with us, we need to credit the account on which the charges applied. If the

charges helped cause that debt, then it is right that we extinguish the debt

when we refund the charges as a gesture of goodwill.

 

In your case, doing this will still allow you to subsequently remove the

funds from the account, I would anticipate, given that you have an overdraft

limit on the account that would allow this.

 

Tommy McLean

Manager, Customer Relations

Ground Floor

The Forthstone

56 South Gyle Crescent

Edinburgh (Depot Code 045)

 

Tel : 0131 523 5116

Fax : 0131 5238778

So I sent this reply today

 

 

 

Dear Mr McLean

 

Thankyou for your email.

I must say I am very dissapointed in your response.

You made an offer to me and I accepted that offer providing the settlement was paid by cheque to me at my home address.

 

The assertion you make now, at this late stage, that your final settlement offer and my overdraft are linked I totally dissagree with.

 

I can only repeat the conditions of my acceptance.

 

I will accept your offer of £4836:74 in full and final settlement of this claim strictly on the basis that the settlement is paid by cheque made payable to me and sent to my home address, and not into my account with you.

 

Since my letter before action, I gave you 14 days to repond, and since the expiry of that 14 day period, I then gave you another 7 days to respond to my acceptance.

 

As you are aware those 7 days are now over.

 

I think you will agree that I have made every effort to avoid taking my claim via the courts

and given you ample time to settle this. But I feel enough time has been wasted.

 

So regretfully, unless I receive a response from you today I will have no alternative but to start proceedings through the courts tomorrow morning.

 

May I remind you that should this claim go to court then I will be claiming for the full amount of £4940:74 including costs and 8% interest.

 

I sincerley hope you will contact me by email today with your response.

 

 

Yours sincerely

Dagrat

[dagrat]

Is this true can they pay the settlement by any method they like??

[dagrat]

Received this email within the hour

 

It is entirely your decision as to whether you take the legal route or not.

 

I am glad to say that I am not involved in the litigation side, but have

been told by one of my colleagues there that we are within our rights to

settle an offer by refunding by whatever method we deem appropriate. I was

told that this had been tested in court by a customer and the decision was

that the court could only rule on whether we should make a refund, not on

how any refund should be made.

 

I am surprised by your reaction, because as I said, once we have credited

your account it looks as if your overdraft facility will allow you to simply

withdraw it again.

 

Tommy McLean

Manager, Customer Relations

Ground Floor

The Forthstone

56 South Gyle Crescent

Edinburgh (Depot Code 045)

 

Tel : 0131 523 5116

Fax : 0131 523 8778

[Guest willowb]

Hi,

 

Certainly if it's a closed account they cannot, they have to send a chq.

 

My account was with capquest (their DCA) and so I received a chq directly from Cobbetts and paid the debt off when it was sent back over from Capquest to RBS. Is your intention to pay the debt off? Is the account still active? See, I don't know where you stand if the account is still with RBS....anyone?

 

Wxxx

[dagrat]

Hi Willow B

 

Yes the account is still active but i have an o/d with them.

 

Im convinced that they will pay the money into my account and immediately close the o/d down thus swallowing the settlement.

 

Why on earth would they be so very insisatant on not paying by cheque?

 

What do you think?

[dagrat]

I actually do intend paying off most of the o/d but want to keep about £200-£300 of it to keep the o/d facility.

[missm]

well, to tell you the truth... they are making amicable means to settle this claim.. I dont know how favourably a judge would look upon this case considering that basically the only reason it went to court was because you were demanding cheque payment.

All of this correspondence will be put forth before a judge remember. They will show that they have tried to settle with you on at least 3 occasions for the claim amount?????? However that is only my opinion.

[missm]

you can always withdraw it all asap after they bacs it!!! if they try to close it, take a look at the A & L thread regarding account closure.

[Guest willowb]

Thing is they will close it and demand the money within 30 days of notification (even though banking code tells them they shouldn't- see link at the bottom)and then you'll be left with a huge overdraft to pay off and maybe a default if you don't come to an arrangement with them.

 

Wxxx

http://www.bankingcode.org.uk/bulletins/Bulletin%2021%2027%20Jul%2006%20PDF%20FINAL.pdf

[HydraUK]

Dagrat, I personally would accept.

 

Use it to pay off the overdraft, it will be a big weight gone off your commitments.

[isidore]

My opinion is they aren't in a position to be making conditions...........

 

BUT given what you've just said dagrat...

I actually do intend paying off most of the o/d but want to keep about £200-£300 of it to keep the o/d facility.

...I'd be inclined to accept. Even if they end up taking the overdraft off you, how much do you stand to lose? £200-300 (presuming you do pay off the rest as you say). Out of nearly a £5k payment (which if you think realistically two months ago you weren't going to have), I think a loss of £200-300 is pretty minimal don't you?

 

I know I've changed my tune a little, but that as a result of their response. I may agree with others on the court bit but you do after all have outstanding charges that you can progress this on - remember you aren't taking them to court because they won't pay it by cheque you are taking them to court for the extra couple of hundred they haven't offered you.

 

Now it comes down to you as this is your money and it's a decision we can't make for you. Are you willing to write off £200-300 (possibly?) or do you want to cover yourself and take it to court. Ultimately this needs to be your decision.

 

One note.....as you've said previously in pms, it could just be your paranoia getting the better of you???

 

Keep us posted!

[dagrat]

Thanks all

 

Yes I do take your point but I was hoping to keep my o/d facility going even to a lesser degree.

 

Im worried that after the settlement is paid they will close down the o/d facility altogether.

And im not sure if I could open another account with a o/d, my parachute acc is just standard (no o/d)

[missm]

Always remember that paying off an o/d is JUST as satisfying as paying off a credit card!!!

[isidore]

Always remember that paying off an o/d is JUST as satisfying as paying off a credit card!!!

I must be fair, the best thing for me since getting my debt in order, is to look in my account come pay day and actually have a positive figure! THAT is such a great feeling.......

[Guest willowb]

Have you tried opening a parachute account?

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/58685-do-you-need-parachute.html

 

It depends on your credit score as to wether you'd be offered an overdraft, but my advice would be to steer clear of them anyway!!!

 

Is the amount being offered the full amount of your claim or not?

 

If it isn't, I agree with T4FF, you could go on and file a claim on the basis that they have not reimbursed the full claim but email Tommy and ask him for the extra first then at least you have tried.

 

Don't forget that there will be an AQ fee of £100 to pay (which you claim back). S'up to you though but please be aware that when the claim is settled by RBS you need to make some arrangements for the debt to be repaid, don't get yourself deeper into debt!

 

Wxxx

[dagrat]

Is the amount being offered the full amount of your claim or not?

 

If it isn't, I agree with T4FF, you could go on and file a claim on the basis that they have not reimbursed the full claim but email Tommy and ask him for the extra first then at least you have tried.

 

 

The offer that I have accepted Willow s not the full amount, but I thought if I accepted their offer then I couldnt then go on to claim for the rest of the claim, thats right isnt it?

[Guest willowb]

1/ My charges come to just under £5000 and i want to keep it in the small claims route

I'm retyping this.....my whole post just disapeared!!! arrrg

 

Right, do you know that the interest does not get included into the decision for track allocation. So, in your case it is only the £4,800 that decides the track which will be small-claims. The reasoning behind this is that it is only a Judge who can award interest and fees but the banks will settle the claim with interest and fees to avoid Court!

 

You simply put the figure £4,800 in your N1 form with a copy of the spreadsheet PLUS interest and fees attached. Then send a copy also to RBS with a letter informing them that you have filed a claim.

 

Wxxx

[Guest willowb]

Sorry don't know what's happened to my response I'll get back to you in a mo when I've sorted it out!

[dagrat]

Well after a LOT of help from T4ff, i emailed Tommy Mclean back and told him that, as he was so determined to pay the settlement into my account ,that I would accept this, only if the claim was paid in full including all charges recently imposed. He emaqiled back within twenty minutes the following:

 

Dear Mr Dagrat

 

That will be fine. I am happy to cover the additional charges you mention.

It is only fair that we pay charges until your account is actually credited.

 

I am sorry that you mistrust us and 'have your own theory as to why'. There

is no ulterior motive, only what I have already explained that where there

is an existing debt, we are to extinguish that debt.

 

I will arrange for your account to be credited in the next day or two.

 

Thanks.

 

Tommy McLean

Manager, Customer Relations

Ground Floor

The Forthstone

56 South Gyle Crescent

Edinburgh (Depot Code 045)

 

Tel : 0131 523 5116

Fax : 0131 523 8778

The line `I have my own theory as to why`was reference to their determination to pay the settlement directly into my account which has a largish o/d.

 

Im still convinced that they will pay in and then immediately close my o/d.

 

I suppose Il have to wait and see.

 

BUT however you look at it IVE WON !!!!!

So many thanks to all, especially T4ff and Hydra

As soon as the money arrives ill send donation (after Ive bought a large bottle of gin) I dont know how to put this thread onto Successes, Mod maybe?

[livelylad]

CONGRATULATIONS

please complete the survey.

donation?

[dagrat]

Cheers Lively lad,

 

As per my post, donation on the way, after a bottle of gin!

[isidore]

Like I said in pm congrats! Realy pleased for you! Glad you got the result you wanted. Now on the other accounts eh? Hee Hee.