sn00psmum (&dad) v RBS

[isidore]

Wow, lot's to think about there.

 

Bottom line as miss said is it's your money and you ultimately need to make the decision.

 

On the basis of what I've read, you have to consider a couple of things. Firstly, should your claim progress to court, you won't be able to go through small claims (obviuosly) so you could be exposed to the banks costs should anything go wrong.

 

The contractual interest makes your claim a bit more interesting. This isn't something that you can just chose to claim and just go for. From the little I've read up on it, I do believe the banks will FIGHT for this interest. I believe the onus is on you to devise a water tight reason for claiming this interest and I don't know how many of the larger contractual claims have yet to be settled (don't know, just speculating, you will have to read through successes to find out).

 

When you include things like your credit rating etc, this is a difficult road to go down because how do you put a price on it?

 

As for your issues wiht their response, I think you need to cut yourself off from the emotional side of it all (appreciate it may be difficult) when writing to them as direct attacks are pointless - it might get it off your chest, but the person who is reading your letter will most likely have put the letter down by then!!! It's not their fault directly and when you appreciate the mass amount of mail they are dealing with at the moment it could make them more determined NOT to help.

 

You have a lot of issues in one letter and it is likely that the main issue (your charges) has been addressed and the rest ignored (likely because the person dealing with your letter is there to deal with charges and charges alone). If it were me, I would send a few letters so each issue gets its own complaint raised, each is dealt with seperately etc.

 

I've been following dagrat's claim quite closely and he is trying very hard to get RBS to pay his settlement by cheque but they are standing their ground insisting it is paid into his current account. Not sure how you can influence this as I've run out of ideas on his.

 

 

So final thought......well you have to make a decision based upon your financial situation (of which I know little so cannot say for you) how much you will miss the extra money and make a decision based upon that. Remember there are initial costs in going to court (albeit reclaimable) and rest assured they will defend a contractual interest claim. If you ignored advice previously, taking them to court for CI will mean taking as much advice as possible and reading LOTS. Go round the success forums searching for CONTRACTUAL. Have a read of this one as the guy is very astute, makes excellent arguments and writes a very useful letter (he also was successful!!).

 

Remember, you don't need to write a knee jerk reaction. Just because your deadline is up you don't have to react immediately. Take a couple of days to weigh up your options, have a read, decide on the pros and cons of each option. Your offer isn't going anywhere!

[isidore]

Excellent letter. Concise and to the point It clearly states what you require of them.

 

Personally I would put the "We request that" in the summary above so as not repeating yourself constantly. Small point and not entirely necessary, just me being picky.

[isidore]

Its just a "fill in the blanks" standard letter. Seen this in a number of threads hence the lack of response to specific questions from you and incorrect information.

 

If you are filing your claim I suggest you read up on (recent) Contractual Interest claims and ensure you have a watertight argument as to why you deserve CCI (remember, if it goes to court, the judge has to decide so you need to persuade them).

 

Secondly, as a reserve, make sure you have a second spreadsheet handy with the 8% calculations on it so that should you end up in court (possible), you have this amount available as an alternative should (s)he refuse you CCI.

 

Think there has been a change in opinions in recent weeks having read around and I believe recent opinion is should you receive a FULL settlement including 8% it is probably advisable to accept........I have only touched on this subject whilst reading round so don't know the specifics or the reasons for the u-turn, you will have to do some reading.

[isidore]

Hi SM, I have seen your last couple of posts but I must confess I didn't post anything because I don't know the answer - never been that far. Obviously this is urgent with it being Monday tomorrow. What I would advise is to pm a couple of the more experienced ppl who hang round the RBS forum with a link to your questions, I'm sure they'd be glad to help.

 

In case you don't know, to pm someone, click on their name and on the next screen it says send [name] a private message.

 

Good luck!

[isidore]

I will be brief.....

 

 

I'm lost. I really cannot make any sense of what you are doing as a result of recalculating? What I mean is, the letter has done nothing more than confuse me.

 

Red1 should be removed, don't see the benefit of putting this in.

 

Finally, I am a little concerned by your actions right now. Because of the stage you are currently at, you are very likely to go to court (well you're more or less there). Once there, the "defendant" is going to be putting their side of the story together to put to the judge and you are doing little more than giving RBS ammo to put against you by changing your claim again. I can't really comment, because I don't know what you've done. Perhaps I'm being thick, but I can't make head or tail of what rate you've used and why - you've quoted three in one paragraph!!!

 

Furthermore, if what Steven says is true and you have been offered full settlement, you're already on a tightrope going to court for just interest, let alone amending your claim at the very last minute for a great deal more than you started with!!

[isidore]

Right, I understand now - trying to right your wrongs?

 

The problem you have is that you have to stick with ONE claim. Revising this just before going to court could reflect badly on you. I don't know what to advise? Ok, if it's not for the full amount, it's not for the full amount and therefore (IMO) you have every right to file in order to reclaim the full amount so I take back what I said - others might have a different view on this and it's not to say my opinion is the right one.

 

I'm not sure what you should do about the (sorry for choice of words) mess you started with though (i.e. your prelim). You have got yourself in to a situation here where you are damned if you do damned if you don't. If you revise your figures then file, the bank could claim you don't know what you are doing, are making up figures and (possibly) the judge could agree and throw you claim out (COULD). If you don't revise your figures then file, the bank could claim you don't know what you are doing, are making up figures and (possibly) the judge could agree and throw your claim out (again, COULD). On the other hand, I might be worrying about nothing and RBS could (COULD) settle before it gets to court.

 

I'm approaching this with caution right now - I don't want to advise you to do one thing or the other as I think someone way up the pecking order needs to cast their eye over it and tell you the best way to go from here.

 

If it were me - and this is the ultra cautious me - I would want to send them a letter saying that I withdraw my claim for the time being due to errors on my part in the calculation of my claim. I would then maybe wait a fortnight (month?) and send a squeeky clean prelim, correct calculations and all and go from there. Whether this is viable or not I DON'T KNOW (it might not even be financially possible for you?) so like I said, you will have to seek some advice from the gods.

[isidore]

Glad you got everything sorted SM

[isidore]

Sounds good, hurry up with the spreadsheet!!

[isidore]

Surely then Glenn (following on from your line of thought) for the sake of two letters, the best thing to do would be to send a letter of dispute to both M/Croft and RBS?

 

Assuming the deadline Snoopsmum mentions above (yesterday if my maths is still ok!) is stuck to she is already on borrowed time.

 

What do you think?

[isidore]

And looking a beyond this issue SM, in relation to your gripe regarding spiralling postage costs. Keep a note of every letter you read (from them) write and send for future reference. I think it was one of Glenn's cases funnily enough I read ages ago where he successfully claimed for costs including reading, writing and sending letters.

 

Which one was it........was it Co-op Glenn?? EDIT: No it was Barclaycard.

 

Worth investigating IMO. Kept a note of it somewhere, see if I can find out which one it was in my ever-growing subscription list

[isidore]

Well I did say beyond

 

Ok not beyond the issue, but way beyond. I am assuming you will get to court. Can't see why they are going to settle in advance of this given the sums.

[isidore]

See your point, and do agree.

 

Was just thinking it important to not rely on RBS to let MC know if SM doesn't want them knocking her door down lol. CCing MC into the letter to RBS makes sense.

[isidore]

I must confess, I forgot about this as a result of all the other issues that have been going on. You did make it clear early on in this thread but in defence of Glenn etc, they have waded in at a later date and have addressed the issue with your calculations.

 

Glenn, is there a scottish you around?

[isidore]

Snoop, taking some of Chrissie's post on board........might I suggest you get the title amended to read snoopsmum vs RBS *SCOTTISH CLAIM* or something similar so there's no mistaking?

 

 

I'm no expert here and don't claim to be, so my suggestions are always open to correction from the wiser people here, but is there any way snoopsmum could (personal restrictions aside for a minute) claim in an english court??

[isidore]

Understand, just lookin at options.

[isidore]

It's an interesting point and one I would consider but I guess the only issue is biting off more than you can chew?

 

There is certainly an argument for this, but given you are claiming for CI which as you should already know by now is not a proven argument and it would seem is possibly a lot down to which judge you end up with, it might be detrimental to your claim - possibly could be seen as "pushing your luck"? I'm not sure.....

 

 

Incidentally, I'm involved with a post here, can't remember if I've seen your name in there (couldn't be bothered checking ).

[isidore]

Shocking!

[isidore]

Interesting reading.....

 

I think whether they are stalling or not as long as you stick to Wednesday, it won't make much difference.

 

I know you have probably read this over and over but you will not doubt have a choice to make regarding the offer. If they do offer you the full amount of charges, then really speaking you should be accepting this though I don't really know how much this differs when using the FOS.

 

I would have thought by now you are fully aware of what you should or shouldn't be doing and have already decided upon an amount you would settle for.

 

Remember that even some of the largest of claims have had some compromise when it comes to settlement. You should have a lower amount in mind that you would consider imo.

 

Good luck with the FOS

[isidore]

Hey sn00p, can't vouch for others but I've been busy being a new daddy

 

 

Thought I'd let you know how my experience of the FOS went. You might know some or all of this already, but thought I'd run it by you in case it came in handy.....

 

I'm currently dealing with them for a claim with Barclaycard. I had my acknowledgment letter from the FOS about a week after sending my complaint in. Then I heard nothing for a few weeks and all of a sudden out of the blue a letter arrives from Barclaycard acknowledging that I have got the FOS involved and offering me a refund. What I can piece together from other threads and my own experience is that the FOS will be getting in touch with the RBS around about now, asking for their side of the story in order for them to make a decision. This, I believe, revolves around them requesting information on their charging process. As soon as they get this request, the bank will them look to settle rather than disclose anything to the FOS.

 

I would imagine that RBS will be in contact soon, but it does come out of the blue - no contact from anyone to warn you. The only problem I am having now, is that BC only offered me my charges back (I claimed for Charges and CI) which represents around half my claim and I don't know what options I have available to me with regards to accepting or rejecting this offer.

 

I have sent an email to the FOS to ask them what options I have but they haven't responded so I'm going to ring them today.

 

If you want to keep tabs, my thread is here. Good luck with yours

[isidore]

Well touch wood......no. She's settling in to a routine of 8 hours through the night :D . Musn't push my luck bragging about it. 9 weeks old now, I've been keeping my distance from the computer, rather than sending 4am posts. Slowly getting back in to things as I pick up my Barclaycard thread again.

 

Update on my thread since last post here, think you might be please with the response.