Bathgatebuyer v Royal Bank

[bathgatebuyer]

Hi all, have been successful reclaiming fees from the Halifax in respect of both Visa and a former current account, the Nationwide for a former current account and now I'm trying to sort out the RBOS in respect of a visa card.

 

I've asked for just over £500 and have had 2 responses from them so far. The first was to my prelim letter saying, "Fees in accordance with your terms and conditions...........bla bla............here's an offer of £110 which is the difference between the £20 charged and the £12 recommended by the OFT................."

 

Responded with my LBA saying, "Nope, gimme my money........." and had almost exactly the same respones back from them, "Fees in accordance with your terms and conditions...........bla bla............here's an offer of £110 which is the difference between the £20 charged and the £12 recommended by the OFT................."

 

So, looks like I'm going to have to apply to my local Court to resolve this one! Although I've successfully claimed in several other instances, this is the first time I've used the Scottish system as previously I've used Newcastle Sheriff Court.

 

Has anyone else been successful against RBoS using the Scottish system? If so, have they appeared in Court, or have they typically paid out beforehand / on the steps of the courthouse, etc?

 

Look forward to hearing from you all!

[leeniesmith77]

Dear Bathgatebuyer

I've just posted, had difficulty finding other cases through the small claims court in Scotland. I have actually had to appear in court where the bank asked for a continuance that they might enter into negotiations. Due back tomorrow having got a letter this morning saying they will apply for an order to sist the case until the OFT test case is resolved. Sure it's just a tactic to get me to not turn up. I hope to appeal to the judge to rule on the case since the bank did not actually enter into any discussion in the three week period as instructed and have simply offered me the tiny full and final settlement amount again. Will know more by tomorrow if this test case will affect cases already before the court, personally I think it should be up to the court to settle any business already in hand. I'll let you know.

 

Good luck

Leenie

[cenglish]

I didn't think there was such a thing as a sist under the Scottish system. I think they may have sent you a standard letter which will only apply to English cases. I'm going to try and clarify through a post I'll make shortly. Which bank is it?

[cenglish]

Sorry - don't know my sists from my stays. (Scotland v's England)

 

Apparently there are arguements you can use against sists - I don't know what these actually are but I'm sure someone much cleverer than me will be able to assist.

 

Sorry again for my mistake.

[maryhillgull]

Hi leeniesmith77

 

I'm sure you've already done your homework but one compelling arguments, (which seem to be going down well with judges in England) against your adjournment (sist) is that until the OFT actually hand in papers no-one can tell if the forthcoming case will decide the arguments for your case. If the banks solicitors does not have details then I think it would be hard for a sheriff to award a sist they might ask for another contiuance to allow them time to get details about the case but hopefully you'll get a sheriff who wants the case dealt with quickly.

 

As far as i can see you might be the first to resist a sist so to speak!

 

Good luck and let us know what happens:-D

[leeniesmith77]

At court this morning, pointed out bank's lack of negotiation and telling porky pies at preliminary hearing. Bank's motion to sist case based mainly on OFT test case pending and a couple of other pretty flimsy excuses. Sheriff understood that I felt the bank had been wasting mine, and court's time, by not entering into serious discussion and I pointed out that I felt the matter already before the court should be resolved regardless of test case. Although sheriff said that bank's reasons in applying for a sist did not speak to my case in particular, and most points she did not consider as good reason at all e.g. administrative burden to bank in repaying charges, she ruled the case be put on hold until OFT case is heard and ruled upon. She was not keen to find for me in case the OFT case goes the other way. (Unlikely I would havwe thought). Disappointed but not surpised. Pretty sure it would have gone my way otherwise. (Or I came across as a right dummy). Just have to wait and see.

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