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Cogent Vs RBS - Nightmare Scenario

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So about a year ago before i knew you could claim my bang charges back, by band send me out a later stating that if, i could have £70 worth of charges back if i signed this letter saying there would be more more "goodwill" refunds of charges to me account.

 

so now one year on i am claiming back my charges, what stage am i at? well the letter before court and now they have sent me a letter saying a i have signed a letter saying i would not claim any more charges back. But these charges are worded as good will refunds. Now i was really foced into signing this as i had no money at the time and it was my only option. But i am looking to claim back thses charges o the grounds that they are illigal.

 

 

do i still have a leg to stand on?

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Just inform them that you don't desire to have any more "goodwill gestures", you now know that the charges are unlawful and you merely want the return of monies taken from you unlawfully.

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Yeah that was what i was thinking..

 

so they still have 7 more days before i take them to court.

 

i am going to send them a letter on monday telling them that i am claiming back based on the being illigal.

 

should i extend there deadline? or just say i the letter that the original deadline stands?

 

thanks for help

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Keep to the timescale you've set, they will just prevaricate as much as they can.

 

BTW, don't use the term "illegal", they haven't committed a criminal act so their law-breaking is referred to as "unlawful".

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hey

 

thanks for you advice, do you think i will hear back from them before the date i set in the previous letter? They usually respond within a week, which truly has surprised me due to me believing they would stall as much as possible.

i wouldnt mind waiting a few extra day to see if they actually do respond to this next letter but i don't want to seem weak from the banks point of view.

 

:)

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ok, after reading the letter again word for word its seem that it relates to all charges, infact it says as a final good will gesture will will refund £35 if you agree to this a full a final settlement please sign.

 

now at this time i signed this document, they had taken all my money and it was the only way i had to actually have some money at the time. hence i was left with no option but to sign.

 

I believe i was forced to sign it, i was backed into a corner and was clearly under duress.

Looking back i wish i handnt signed this document, but i have.

what options does this leave me with? can i still try to claim despite signing this document which states

 

" i am please to offer you a final goodwill refund of £38. This gesture is made on the understanding that there will be no further goodwill refunds.

 

to accept this offer as a full and final settlement please sign"

 

 

any help would be greatfull :)

 

thank you

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ok so i am moving faster that the forums tonight. must be all the coke a drank earlier!

 

so i have come up with this draft letter for you guys to approve for me :)

thanks again

 

----------------------------------------

 

Dear Sir or Madam,

 

Re. Account number: ********

In regard to your letter dated ******* you stated I have signed a letter saying I would not claim back any further charges. In this letter it clearly states there will be no further goodwill refunds made to my account in the future.

I would like to remind you that I am not requesting a goodwill refund.

I am however looking to have charges that I believe are unlawful in nature refunded to me.

 

I look forward to a full response to this letter within 14 days; otherwise I will commence court proceedings to reclaim my money.

 

Yours faithfully,

 

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Personally I'd ignore the fact that you signed it. At the time you signed it, as you originally said, there was a certain degree of duress involved, additionally you weren't aware of the unlawful nature of their charges.

 

Should they bring it up and/or the judge query it I'd just explain it away with both lack of knowledge plus the fact that it's unenforceable anyway due to the unlawfulness of the charges. They can't con you into agreeing to sign away your lawful rights.

 

Just carry on with the advised steps and ignore that letter.

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Personally I'd ignore the fact that you signed it. At the time you signed it, as you originally said, there was a certain degree of duress involved, additionally you weren't aware of the unlawful nature of their charges.

 

Should they bring it up and/or the judge query it I'd just explain it away with both lack of knowledge plus the fact that it's unenforceable anyway due to the unlawfulness of the charges. They can't con you into agreeing to sign away your lawful rights.

 

Just carry on with the advised steps and ignore that letter.

 

I can only agree Mr Hamster - the letter was signed under intimidation - in other words sign or else - "I made him an offer he couldn't refuse!!" comes to mind, so Mr cogent wakes up with his prize racehorse's head as a pillow mate:( - unlawful in any code of law.


“It's not personal, Sonny. It's strictly business.”

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thanks for the words of encouragement.

 

I find it amazing that the banks can get away with this type of behavior.

The system truly needs to change, my main grievance is that the just take the money rather than bill you. A [problem] in anyones language. How did we get this position in this country? its truly does amaze me

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ok so its been well over the two weeks i gave them with no responce, now i am planning on taking them to court. or at lest start the proccess rolling.

 

The thing is i live in scotland and all the info seems to focus on england ( moneyclaim etc)

 

i am confused!!!

 

how to i go about taking them to court up here in sunny scotland?

 

:)

 

thanks

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Hello

 

I started this thread years ago and I am no further forward!

Last I heard was they were waiting for the results of the test case -

 

Do I have to wait or can I push ahead to reclaim?

 

Thanks

 

:)

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