dagrat v rbos ** WON **

[dagrat]

Also a contribution will be on the way in gratitude for all your help

[isidore]

Congratulations mate, pleased for you.

 

If you're still with RBS then I would disregard their letter. Simply send them a letter back saying that you accept this offer as full and final settlement of THIS claim however, should this situation arise again, you will seek to reclaim any further charges in the same manner.

 

If you're not with RBS any more, I would still send a similar letter or you can simply sign theirs. IMO they are not in any position to lay down conditions but it's up to you.

 

If you want a point of reference, I sent them a similar letter in T4FF vs RBoS1 (link in my sig).

[HydraUK]

Congrats mate...just hope my own settlement isn't too far off.

 

One point of note, when you receive settlement, they will have a letter they want you to sign. Don't sign it, just send them a letter back saying you accept the offer as full and final settlement of THIS claim and that should there be any charges in the future you will seek to reclaim these also.

 

My faithful co-sidekick covered this for you...not sure if there is a template to help you flesh this out though.

 

Hey and don't be a stranger now you've won! Too many experienced people disappear off the radar after winning - it's giving me and T4FF a full-time job keeping up (well it is me at any rate )

 

Regards

 

Phil

[HydraUK]

Dammit! Too slow on the typing....beat me to it.

 

Mornin Taff

[isidore]

it's giving me and T4FF a full-time job keeping up

 

That it is, that it is

 

Snooze you lose eh matey? Mornin (Afternoon?)

[dagrat]

Thanks taff and hydra,

I do still want to keep this account going, but the implication from the letter was if i didnt agree to the future charges they would change my account type.

My point is how do i reply to this implying that i could still claim for future charges but without them chaging my account type?

[dagrat]

If you're still with RBS then I would disregard their letter. Simply send them a letter back saying that you accept this offer as full and final settlement of THIS claim however, should this situation arise again, you will seek to reclaim any further charges in the same manner.

 

Could i reply with the above but leave out `should this arise again you will seek to reclaim further charges.

You see i want to be able to reclaim charges in the future, but do i have to state that now and possibly risk them changing my account now?

[isidore]

Well no.....you put it in what you want to. If you don't want to put that, then don't!

 

Just make sure you put "this claim" in your response.

 

If they do change you account type then move banks!!

[isidore]

Unfortunately, that is the possible flak that comes from this process and there's not a lot you can do to affect this. They will be watching your account closely, if you muck up again they will no doubt try to close your account for being a poor customer. Be warned!

[dtollan]

Yes tour right these letters were dated prior to my lba letter. Is he having a breakdown or is he well out of his depth?

Incedently, who is he? Ive only seen Tommies name banded round, Sandy seems to be a new kid on the block.

 

Hi, I received similar letters to you recently from Mr Sandy Watt. He sent me an offer of all my charges back minus the interest I was claiming. I phoned Mr Watt in an attempt to negotiate my interest (it didnt work) when I spoke to Sandy he was very pleasant but he was an agency worker and appears to be employed to generate these letters (they must be busy)....he said he carries no weight in decision making and suggested I called back and spoke to Ross McDonald (I believe RMcD is a colleague of Tommy McLean) who would advise me........Mr McDonald advised me that no interest would be paid following the banks policy on this matter (aye right)...anyway you can read about it on my thread if your at all interested.....

 

Hope that clears up the enigma that is Mr Sandy Watt.

 

Cheers

[dagrat]

The form reads: I accept your offer in full and final settlement of my complaint.with a tick box and then signitures and dates.

 

Should i complete this form, as there seems to be no reason not to?

 

 

This form, i would have thought, makes no promises that i will not claim in the future. There is only that one line on the form, and that only asks for my acceptance in full of `my claim`. Which surely implies the possibility of future claims?

[isidore]

your complaint not this complaint. I'm still not sure whether the letter in general would hold any weight in stopping you claiming in future but me being ultra picky wouldn't trust the wording as far as I could throw it. I sent my own simply to ensure I had the agreement in my own words and I was happy they couldn't twist my words.

 

Like I said - it is a personal opinion. If you are happy with it disregard my OCD-like tendancies!

[dagrat]

Cheers taff, sorry read your post after i sent mine. Take your point.

[dagrat]

Just noticed on the letter and it states `the ammount of £4800 will be paid directly into your account`

 

Now i might indeed have it paid into my account to cover my o/d but i havent decided yet. My idea was to (if it ever happened) put it into my parachute account and then pay off thing as and when i chose.

 

Can they insist on it being paid into their bank and thus paying off my o/d? If not how do i arrange otherwise?

[isidore]

Again, them calling the shots when they shouldn't be.....

 

In which case you are going to have to write them a letter.....Ha!! Just put, please send me the funds by cheque payable to dagrat.

[dagrat]

Thanks taff good advice,

I will get a letter off first thing on monday, and if you dont mind, ill use something similar to your letter.

We have decided to definately have the money paid into the parachute account for the following reasons; We have an o/d with them which we do fully intend paying back with this claim. but we also have a loan with them which is in arrears due to being out of work. We have a loanguard insurance for this loan, which we are in the process of claiming on. To say they have been `unhelpful` to get the loanguard insurance into play would be an understatement. but i think its finally about to happen.

I have just had a horrible thought, they might be intending to pay this money into their account, thereby covering my o/d/ and then (more worryingly ) taking the money out for the arrears on the loan.

Two questions spring to mind,

1) can they put the money into their account without my permission?

2) Can they take money from this account and pay off arrears in my loan account?

 

This might sound paranoid but my claim has gone much too easy.

 

If they do put the money into this account before my letter reaches them do i have any options?

Elation has turned to panic.

[isidore]

You havent as yet accepted settlement........they COULD put it into your account without telling you, seen it done elsewhere (with RBS).

 

Don't want to compound your paranoia but it could well happen, but not neccesarily. If you are good on the phone, give them a ring and tell them you will be accepting the settlement but only if it is paid by CHQ. If it isn't you will be continuing the claim in court.

 

If you aren't so good on the phone, try and get in contact with a fax and fax your letter to them (send a copy too) so it gets there priority.

 

If this does happen, not really sure what you would do.....will have to have a think about that one.

 

I've also pmd you re your loan / loanguard....

[dagrat]

Hi Im trying to compose a letter accepting the offer on the proviso that i get paid into another bank account. Any advice with this would be appreciated. Im not sure how to word this.

 

Help!

[isidore]

Have you read my letter? Find it here and just add to the end of it "Please note, I wish for the settlement to be paid by cheque, made payable to dagrat"

[dagrat]

Just found it taff what do you think of my pm?

[dagrat]

Well the news so far is that i sent the following letter to Mr Watt on 26 Jan 07

 

 

MR SANDY WATT

CUSTOMER RELATIONS UNIT

THE FORTHSTONE

56 SOUTH GYLE CRESCENT

EDINBURGH

EH12 9LE

 

26 JAN 2007

 

Dear Mr Watt

 

Thank you for your letter of 24 January 2007. I would like to draw your attention to the fact that further charges have been applied to my account, totalling £104. I have added these additional charges to my statement of charges and forwarded this to you.

The total to this date is now £4940:74

However after careful consideration of your offer I will accept £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 Dagrat and sent directly to my home address.

If this does not happen then I will be forced to continue my complaint by filling a claim with the courts for

the new amount

I look forward to hearing from you

 

Yours sincerely

[dagrat]

I then got by return of post tghis exact copy of his first offer letter

 

 

 

However having reveiwed your case and as a gesture of goodwill and without admission of liability or error, in this instance we are prepared o offer the ammount of £4800 paid direct to your account.

 

To accept this offer in full and final settlement of your complaint please let me know by completing the attatched form.

 

Any charges that properly accrue in the future will be applied to your account in line with our published tariff and in accordance with your agreement with the bank.Should you be unwilling to accept any such charges then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may offer you a simple account that does not offer borrowing facilities or other services that can result in charges,

 

Yet i know he received my acceptance letter as it was by registered mail.

 

So i then sent this off:

 

 

MR SANDY WATT

CUSTOMER RELATIONS UNIT

THE FORTHSTONE

56 SOUTH GYLE CRESCENT

EDINBURGH

EH12 9LE

1 Feb 2007

 

 

Dear Mr watt

 

Thank you for your letter of the 31 January 07. I must say that I do not fully understand the reason for this letter. You wrote to me on the 24 January making an offer of £4836:74 in settlement of my claim, I wrote back to you on the 29 January 07 accepting your offer under certain conditions.

This letter was posted by registered mail and received at your office on the 30 January.

Now you appear to making exactly the same offer again.

For the sake of clarification I would like to reiterate the following:

Further charges have been applied to my account, totalling £104. I have added these charges to my statement of charges and enclosed a copy with this letter.

The total to this date is £4940:74.

However after careful consideration of your offer, I will accept £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 Dagrat

and sent directly to my home address.

As you are no doubt aware in my Letter Before Action dated 17 January I gave you 14 days to respond before commencing a claim via the courts. Those 14 days are passed now , but I am willing to extend this time by an extra 7 days to avoid taking up valuable court time unnecessarily.

I look forward to hearing from you

 

 

Yours sincerely

[dagrat]

Well the 7 days extension is nearly up so i will be making my claim via the courts.

 

I presume that because i insisted on a cheque they decided to withdraw their offer. Still, thats an extra 8% and costs to add on. Going to be costly for them to delay

 

But how do i know that they have withdrawn the offer?

 

EErrmm

[dagrat]

Nearly forgot, I also sent a copy of the last letter to Tommy Mclean via email just to make sure hes up to speed.

[HydraUK]

Don't add too many more charges to this claim because if you hit £5k you might be in for a fast-track case which means higher initial court costs and the possible exposure to THEIR costs if it all goes pear-shaped.

 

However you will gain the benefit of Standard Disclosure which means you get to ask the bank all sorts of uncomfortable questions.

 

Claims IRO of £5k+ can be heard on small claims track if Judge agrees