Alicole vs RBS - CONCLUDED *WON

[alicole]

After quite a few weeks of trying to get my hard earned pennies back from RBS they've filed a defence! Basically it says that i have no case whatsoever and that if i cant prove that their charges are illegal then they'll ask the court to strike the claim. They've asked me to fill out a request for further information. Must admit i'm a little nervous, but ready to fight til the death! If anyone can give me any pointers on how much info to give them at this point - my full case or just the info they've asked for i'd be very grateful. Also, do i send a copy to the court and when can i expect the allocation questionnaire from the court? Please help.

Ali

[alanfromderby]

What further information are they requesting?

[alicole]

All the account numbers, sort codes from which the charges were taken, dates of all charges (both of which i can supply) but then it asks for "all of the facts relied on in support of the contentions to the charges being unfair under the supply of goods act" (i used this as part of my claim on mcol).

[GSMGuy]

Surely that is information they already posess in respec of account no's and dates etc? Is this not just a stalling tactic?

 

Mike

[alanfromderby]

I would reply with the account info etc.

 

I would replay to the other question by stating that; should the court accede to the banks view that the charges are not a penalty but a service, you will be expecting the bank to provide evidence of the actual cost incurred by them in the supply of that "service", and, in the light of that evidence, that the charge the bank makes for that service is not "reasonable" as under the terms of section 15 of the Supply of Goods and Services Act 1982.

[mountainofdebt]

Can I just ask if your defence came from Corbetts Solicitors up in Manchester?

 

If so then join the club, as we had a defence letter from them last friday (last day before we could apply for judgement, D'oh!)

 

Anyway they asked for the same info from us that they've asked from you so I'm glad someone has actually suggested a reply to their 3rd part of the defence!

 

btw how much are you claiming back off them?

[alicole]

Thanks for that Alan, will definately use that.

 

The defence i received did come from Corbetts of Manchester. Am claiming back around £1800. Have been following Candice's thread and it appears she got her money back (they claimed that it was too small a claim to defend) so i guess that gives me hope??? They're a real shower of idiots making people go this far just to concede.

[alicole]

Its nice to know that there are other people at the same stage as me. How much are you claiming for mountainofdebt?

[alicole]

received the court questionnaire this morning - which has been sent off with £100 fee(!!!)

 

looks like they really want to go to court!

[alicole]

Help!!!

 

Received a letter from RBS' solicitors today - very clever letter saying:

 

"Our client considers that your challenge to its charges would fail in court. our client believes the charges are fair..blah blah blah blah...

Goodwill gesture of £1000" (my claim is for £1900 including court/court allocation fees) and that if i decline it then they will tell the court that i have declined a reasonable offer!

 

What should i do? I want all my money back, but will it hurt my case if i've declined an offer of settlement???

[alanfromderby]

It is not a reasonable offer - and they wouldn't be making it if they thought they would win. This is the start of the negotiations - time to hold firm.

 

Reply thanking them for their offer which you would accept as an interim payment only - you do not agree with their comments, and that your action will continue until they make full settlement of your claim, along with costs and interest.

[alicole]

Thanks Alan,

 

it just seems bizarre that they started off the letter by telling me i had a snowball's chance in hell, then offer a goodwill payment. surely if they thought i'd lose they wouldnt offer a penny?

 

am definately sticking to my guns on this one

[alicole]

out of interest, will it harm my case if they court see that i have rejected an offer?

[alicole]

My reply,

 

Thank you for your letter dated 23 May 2006. Your comments are noted, however it is my firm belief that the charges applied to my account are indeed illegal and I am happy to accept your client’s offer as an interim payment, however will continue with legal action until the full amount requested including interest and court fees (sum of £1936.02) is recovered.

 

Hope this is reasonable

[alanfromderby]

out of interest, will it harm my case if they court see that i have rejected an offer?

 

No - they have had plenty of time to resolve the matter before you issued the court action. You are right - they are wrong, it is not for you to compromise when the law is on your side. The judge would not expect you to settle for less than they owe you.

[Movingon]

By the way - they probably won't use it against you but use of the word "illegal" implies that they're committing a crime by charging you; a better word would be "unlawful" which implies that it's against the law but not a criminal offence.

[mountainofdebt]

Its nice to know that there are other people at the same stage as me. How much are you claiming for mountainofdebt?

 

On hubby's behalf we're claiming £2130, plus interest plus court costs.

 

So in total about £2500.

 

Came home to a letter today offering a goodwill payment of £1200....with usual gagging conditions.

 

Hubby wants to accept but I feel that they are on the run and have offered a low amount to start off with.

 

Did your offer letter state that RBS/Natwest reject liability and that they reckon your claim have little chance of succeeding?

 

(Or what I'm really asking is, is this a stock 1st offer?)

[Movingon]

Just from reading around it seems to be what ALL the banks try first. Oh, and you don't have to accept any conditions... you'll generally find that if you write to them after a full offer saying "we accept your offer of £xxx in full and final settlement of our claim but do not accept any conditions on this offer whatsoever." the money is credited anyway.

[mountainofdebt]

it looks like they're offering abit more %age wise in your case than in mine but its roughly half of what we're claiming.

 

When did you send your thanks but no thanks letter?

[alicole]

Mountainofdebt,

 

My letter came via the solicitors and by the sounds of it said exactly the same as yours! must be a standard letter used to try and scare people off - oh well, lets hope another more reasonable offer is forthcoming!

[alicole]

Have changed my letter to read unlawful instead of illegal. its in the post this morning, so lets see how long it takes them to reply.

[mountainofdebt]

Any news Alicole?

 

Would be very interested to hear as I sent a similar letter to the solicitors last week (sent it recorded delivery - must check when it was received!) but have heard nothing.

[alicole]

Nothing yet since i sent off my last reply

[vix2000]

hi Alicole. Any progress yet?

[alicole]

Hooray!!!

 

I got a letter from RBS' solicitor at the weekend with a big fat cheque attached for the full amount. The usual spiel of it would cost too much to defend blah blah blah.

 

They've also stipulated conditions that i not tell anyone about the payment, which i am about to write back and say 'thanks for the cheque, but forget about the conditions'

 

Finally!! Thought they would never give up!!