Winky45 V RBoS

[winky45]

Thanks T4FF, think I will do that, have been reading up all day, I also noticed that people were mentioning the £1500 but can't seem to find where the difference is, I will keep on reading through and try to get it clear in my head first, its the not knowing exactly what I'm doing that puts me off, I am a person that needs to know every little thing about it before I take any steps, I just don't want to risk losing what they have already offered, I will study some more before making up my mind.

 

Thanks again!

Winky

[isidore]

Agreed and I do concur - if you're not sure what to do, then accept (only on Monday though!!). You shouldn't go filing claims blindly!!

 

Have you had a look through the guidance notes forum? There is a thread in there called Scottish procedure. Not looked through it but that might help? Also, pop in the FAQ forum, might be something there.

[winky45]

Thanks for that I will have a look through the above threads and try to get my head round it before making up my mind.

 

Thanks again, will let you know what I decide, but not before Monday I will give it the weekend to study first.

 

Winky

[winky45]

Hi all,

Still not decided yet, I have been doing a lot of reading and changing my mind every two minutes...

I now know that in order to claim the full amount £1164.86 I need to file a summary cause in the court, instead of the small claims, but I am then possibly liable for the banks expenses if they win, which makes it more riskier, so I have a few questions if anyone can help me.

Can I at this stage change to the 8% instead of filing for the contractual interest rate? I have been put off the contractual rate of 16.25% as it would be more riskier to prove in court, but was wondering if its too late to change it to the 8%, as I mentioned it in both my prelim letter and my LBA letter that I would be pursuing CI at 16.25 the lower royalties rate.

I went into another forum and they were basically saying that because I have been offered my full charges less the OD interest that the sheriff would not take to kindly me taking it further just for the debited OD interest, and that the bank will fight it all the way, does anyone here feel the same? Should I just accept the offer and be done with it?

Still really confused as to whether I am doing the right thing in taking it to court stage, really don't want to lose what’s already been offered, anyone at the same stage as me?

 

 

Winky ;-)

[isidore]

I now know that in order to claim the full amount £1164.86 I need to file a summary cause in the court, instead of the small claims, but I am then possibly liable for the banks expenses if they win

Providing you do things right, they can't win!

 

Can I at this stage change to the 8% instead of filing for the contractual interest rate?

I believe what people are doing is proceeding as normal with claim / court but producing more than one statement of charges at varying levels of interest. You go for the highest with whatever argument you have but also provide (in your case) one at 8% and if the judge disagrees with you at 16%, they will more likely agree to the 8%.

 

I went into another forum and they were basically saying that because I have been offered my full charges less the OD interest that the sheriff would not take to kindly me taking it further just for the debited OD interest, and that the bank will fight it all the way, does anyone here feel the same? Should I just accept the offer and be done with it?

I'm going to be careful on my response on this bit. Opinions seem to have changed recently on a few things but I've not got myself fully up to speed so don't know if opinion on this has changed or not.....I was under the impression that the Overdraft Interest is a legimate and well backed up part of your argument / claim and therefore if they don't offer it you have every right to seek it in court. I would think that this is still the case, but would like someone to back me up if poss?

[winky45]

Thanks for your reply T4FF, getting mixed feedback about whether or not I'm entitled to pursue the debited interest or not, will do some more reading on it.

 

Winky ;-)

[TANZARELLI]

I'm going to be careful on my response on this bit. Opinions seem to have changed recently on a few things but I've not got myself fully up to speed so don't know if opinion on this has changed or not.....I was under the impression that the Overdraft Interest is a legimate and well backed up part of your argument / claim and therefore if they don't offer it you have every right to seek it in court. I would think that this is still the case, but would like someone to back me up if poss?

 

My understanding is that you can claim charges and then what is known as 'Debited Interest', this is the portion of interest that the bank has charged you (and you have paid) as a direct result of the charges. This is fine to claim so I understand but however some do not bother as it often doesn't amount to much. Others (myself included) are of the view also that if you are claiming CI as well then this Debited Interest can be left out of a claim as a payment to the bank for breaches we have made. JMHO

 

Tanz