Help needed - BOS have offered settlement but ...

[cdck1142]

I had a Bank of Scotland account that had some serious charges on it and had also defaulted for £4!!!

 

I have been proceeding my claim but only recieved half the statements so didn't have info to ask for the removal of the default which was caused due to charges and interest upon them.

 

Basically BOS are making a full and final offer for the whole amount but the department that are dealing with it can not arrange to remove the default as itis not their job apparantly.

 

My problem is that i dont want this 'full and inal' offer to then negate my ability to take the bank to court for the removal of the default. Can anyone please advise?

 

They say that it will not affect my right to claim to have the default removed because their offer only regards the refund of the charges but are 'unable' to make a statement to that extent in my offer letter. What they are doing is saying that it is being reffered to the legal department.

 

Will i be ok to accept the offer and then sort out the default later because i could really do with the money just now.

 

Will it maybe work in my favour because if they are recognising that the charges should not have been charged then because i defaulted as a result then the default should be removed? Or will their offer be inadmissable so to speak should i have to go to court regarding the matter.

[JonCris]

If you sign 'full & final' that's what it will be no matter what they claim now.

 

Suggest write back stating that

 

further to our recent communications of (date) whilst I accept your offer in settlement of my money claim in the amount of £****** I reserve my position regarding any further legal action in the matter of the default or other matters not involving this acceptance.

 

That should call their bluff

[Mad Nick]

cdck1142, to add to what Joncris says, it's their problem that different departments deal with charges and defaults, not yours. Regards Mad Nick.

[cdck1142]

Thanks guys,

 

below is a exerpt from their offer letter:

 

"Your query regarding the default notice on your account has been reffered to our legal department."

 

One final question:

 

I never recieved all of my statements so the amount that they are refunding is based on them reading the total of charges off of their computer system. I mentioned on the phone that i would be continuing my action to recieve all of my missing information soi that i can continue my action to remove the default.

 

If i finally get all of my statements and the total of charges is greater than the value they told me can i then take them to court for fraud as they lied to me about the total of charges and that is what i based my acceptance on?