alanfromderby v Bank of Scotland ** SETTLED **

[alanfromderby]

Yes.

[goforit]

Yes.

 

At the full 30%?

[alanfromderby]

No at 15%.

 

If I didn't wish to remain as a customer then I would go for the unauthorised rate. I have never been 100% happy with going for the larger percentage as I feel that a judge may feel it is one step too far...especially since part of the legal argument we are using does involve agreement that we have breached the contract.

 

Whilst I would be happy to argue that point against a company that I did not want to maintain an on-going relationship with, I would rather not push this to the point where BOS can cite any unreasonableness on my part.

[goforit]

No at 15%.

 

If I didn't wish to remain as a customer then I would go for the unauthorised rate. I have never been 100% happy with going for the larger percentage as I feel that a judge may feel it is one step too far...especially since part of the legal argument we are using does involve agreement that we have breached the contract.

 

Whilst I would be happy to argue that point against a company that I did not want to maintain an on-going relationship with, I would rather not push this to the point where BOS can cite any unreasonableness on my part.

 

It isn't unreasonable as they charge the same amount to you in similar circumstances. Just my 2 pence.

[alanfromderby]

That's fine - and provided you are happy to argue you position in front of a Judge then great.

 

I would certainly agree that there is a legal argument to justify that the u/r could be applied, but personally I feel it is pushing the line of reasonableness just a little bit too far when you have already admitted to breaching the same contract on which you are basing your claim.

[goforit]

That's fine - and provided you are happy to argue you position in front of a Judge then great.

 

I would certainly agree that there is a legal argument to justify that the u/r could be applied, but personally I feel it is pushing the line of reasonableness just a little bit too far when you have already admitted to breaching the same contract on which you are basing your claim.

 

I get your point, but I fail to see much difference in rationale in claiming either the authorised or unauthorised interest rate. Do you see?

[alanfromderby]

The Governor & Company of the Bank of Scotland have decided that they should throw in the towel - although of course, they do not admit liability!

 

They have only paid the section 69 interest, but as I wish to maintain a working relationship with them I have decided to accept their offer of £1811.15 as full and final settlement.

 

Just for the record, they filed their acknowledgment with intend to defend at the same time as sending the settlement offer.

[Mairi]

Congratulations Alanfromderby.

With All the towels they've been throwing in lately they must be going on holiday too. Enjoy yours

Im hoping i'll be a couple of days behind you.

[Tink]

Congratulations Alanfromderby

[alanfromderby]

This topic was closed on 09 March 2019.

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