Think my neice is redy to cave in after this email, she dosent want to wait another 2 weeks and I think she is getting scared.
note that you are willing to settle for the original amount. The charges applied to your account amount to £720.
The offer of settlement we have made to you includes a refund for every charge applied to your account, together with judicial interest and a refund of your court fee in warranting the summons.
Your schedule includes judicial interest from the date that each charge was applied to your account. Judicial interest may only be sought from the 'date ofc itation' of the court proceedings. According to Scottish case law, it is only when a judicial demand has been made that any monies due can be said to be 'wrongfully withheld', creating an entitlement to demand interest. According to Scottish case law, the court does not have discretion as to the date from which liability for interest should run in an action for payment/recovery of money wrongfully withheld.
The matter calls in court tomorrow. We could request a continuation of the proceedings for two weeks in order to reachs ettlement. However, the offer made to you includes a refund of every charge applied to your account plus expenses. It is highly unlikely that the offer made to you will be increased.
Kindr egards
Karen McCutcheon
Trainee Solicitor
Group Litigation
The Royal Bank of Scotland plc