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Unexpected offer from the Bank of Scotland


Big Grambo
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Hi,

 

I sent a S.A.R. to the Bank of Scotland for 5 years of statements on 3 accounts. So far they have only sent statements for one of my accounts and even then there is still 14 months worth missing.

 

On the statements I've received so far the charges total £5,272.00 (£6,131.00 with interest). I sent them another letter last week pointing out that the 40 day time limit was fast approaching and they still had not provided all the information.

 

I got a letter this morning (entitled 'Your bank Charges') offering £3,595.00 as full and final settlement with no admission of guilt. The letter states that I need not do anything as the money will be credited to my account in 14 days unless they hear from me first.

 

As I'm inclined not to accept their offer anyway. I was wondering if I did accept, by doing nothing, would this complicate any future claims. Bearing in mind, they don't appear to be asking me to sign anything and at this stage I have not yet asked for any charges to be repaid.

 

Should I accept their goodwill gesture and continue with my claim ?

 

I live in Central Scotland and the Bank of Scotland's head office is in Edinburgh.

 

Answers on a postcard please you may win a major prize!!!

 

Cheers.

 

Big Grambo

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Big Grambo

I got a similar letter from BOS.

Here are a few bits from a Scots Law book

 

Communication of acceptance

This could take the form of writing, verbal acceptance or by implication.

 

I think that if you get this money put into your account and then withdraw it that this act would be acceptance by implication.

 

Another part states that

"the offer cannot state that silence shall be taken as acceptance"

 

My advice would be reject the offer as full and final but say that you will accept it as part settlement of you claim.

 

make sure you send you response recorded delivery as they may try to say you did not respond in time.

  • Haha 1

Advice given is purely my opinion, and is not based on any legal training.

BOS Credit Card...........................Hearing Date 07/02/07

Full Settlement..............................13/02/07

BOS Bank Account .........................total charges £8,655.92

1st offer..............................................£1620.00 01/12/06 Rejected

2nd offer.............................................£3255.00 03/01/07 Rejected

Summary Action victory.................£1499.02 22/03/07

Full and Final offer............................£7,200 19/04/07

Pict...............

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