RBOS Business Account

[vonnie32]

Sent my claim for over £2,000 on this account in June 07, have now received an offer a few hundred short of what I am claiming.

 

Spoke to RBOS but they are not willing to move on what they have offered. As I live in Scotland I would now have to raise 2 seperate actions to get the money back plus the interest which would be another £1,000 or so.

 

I'm ok with the small claims route but I would have to raise 4 claims which I believe is an abuse of the small claims system. The Summary Cause has a limit of £1,500 but will leave me open to charges if I fail.

 

Any advice gratefully received.

[texel]

I don't think you will fail with a summary clause action and I don't think the costs are any more than with a small claim check with the court. That is one advantage living in Scotland. RBOS say a lot of things but end up settleing out of court. I have had three cases against them and all settled out of court in the end.

[stivis]

I RBOS say a lot of things but end up settleing out of court. .

I've Been in court twice with RBS

 

Split the claim summary cause and small claim I've done that

consider the English system ......... I've done that as well

FoS now closed

these were the 3 options now down to 2

 

personally I'd do the summary cause first keeping just below and remember the 1500 does not include the interest , after wards the balance via small claims ,

What Sheriff court is your nearest ?

Remember also in regard to the business status whether you use the UTCCR part or it is excluded .You don't use it in a Limited Company (Ltd)or a Limited Liability Partnership (LLB) or indeed a PLC

[texel]

My court is Perth very helpful people there. I have been so many times I am now known as soo as I appear. My business accounts were not ltd etc.

[stivis]

Then you are free to use the UTCCR act as well , which is a bonus I unfortunately could not

[texel]

what is UTCCR never heard of it

[stivis]

sorry I should have said

The Unfair Terms in Consumer Contracts Regulation 1999

It is listed on item b)

there are more details on the site but can't find them

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[vonnie32]

I've accepted their offer as my hubby who sent off the claim had not put through any of the refunds I had been granted which more or less ofset the few hundred the offer was short.

 

Sent in the acceptance a couple of weeks ago but still waiting on the cash to appear in my account!

[vonnie32]

Received another letter from RBOS this morning, same offer but now goes into detail about the test case and gives me two options accept the offer "again" or leave it for now and resume the complaint once the court hearing has been heard.

 

As I had already accepted their offer I feel this is just another delaying tactic deployed by RBOS.

 

Interestingly though is this paragraph from the letter.

 

"Similarly, you should be aware that if you choose to issue a claim in the County Courts, "the Master of the Rolls" (in England & Wales) or "The Lord Chief Justice" (in Northern Ireland) has, at our request, issued a notification to the County Courts suggesting they stay proceedings about bank charges until resolution of the banks' proceedings with the OFT. Alternatively the bank will immediately apply to the Court for an order to stay your action until resolution of the Bank's proceedings with the OFT".

 

I've just spent the last 20 mins trying to get through to the bank and listening to their recorded message about all this.

 

I just want my money!!!!!

[texel]

Go get it Good lick:D