Am I claiming the right things?

[un1boy]

Ok, here goes:

 

RBS offered about £150 short of full claim amount.

 

They gave a form asking her to sign and it said it would be put in her account.

 

I told her to cross off the account bit and write that she wanted a cheque, within 7 days.

 

She faxed this off and 6 days later called them to chase it. They said it wasn't on their screens etc, and said it would be put into the account with the DCA.

 

I told her to advise RBS that this would not happen as she had requested a cheque and if they didn't accpet those terms, they shuldn't have paid her - this is because she would have issued MCOL if she wasn['t getting a cheque.

 

Anyway, they put the cash in her account and she told them to take it out. They said they couldn't and that they wouldn't.

 

So, she called the FSA who said they can pay it how they want. The FOS on the other hand siad they couldn't (there was no complaint made with the FOS, just "advice").

 

RBS kept sayig that because she had signed the form, ,she had accepted the payout, even though she had requested a cheque.

 

She called the solicitors who said, "I don't know what your problem is, you've got the money" and she said, it's my money - not urs.

 

 

It took a few calls, and they were really rude to my aunty, saying they had a right to recoever money owed to them first etc - they even put the phone down on my aunty - just because the lady said, "we have your signed acceptance form here, I'm looking at it" and my aunty said, "Yes, and if you read it, it says "as a cheque, within 7 days!" The lady then saud, "I am not talking to you anymore Mrs. un1boy's aunty" and put the phone down!!!

 

So, I wrote her a letter saying that she didn't acknowledge the payment they had made as it wasn't made by the terms of here acceptance. It also said that she wowuld begin legal proceedings for the full amount, plus costs, plus interest if she hadn't had the cheque by firday.

 

She was called 20 mins later to say they has removed the money.

 

We don't know what's happening now, but if she doesn't get the cheque by firday, we are issuing MCOL.....

 

The FOS have said that they would take on our case if we don't go to court as RBS have removed the money form her account and thus are deemed to have not paid her!!!

 

The FOS were surprised that RBS were paying people like that......

 

We are gonna take it to court out of principle now, but I would suggest anyone else in this position to contact the FOS.....

[MCPR82]

Good Luck !!!!!!!

[un1boy]

Thanks for the luck MCP

 

We are now taking this to court - so, they are well and truly screwed now!! and extra 1500 pounds....