RBOS have paid up as per last offer they made! Yippee :o We have one other account to reclaim charges on for around £750 + interest. Given the current state of play with the court case, how do we approach this, I presume we still ask them for repayment threatening court action as per usual. Big thanks to all concerned.:grin:

Been on holiday and came back to three letters, one from the RBOS and two from the FOS. We had signed acceptance of full charges repayment and some of the interest, approximately 1/4. We felt that the situation was getting on top of us and at least we were getting a bit extra for the grief. First letter from the FOS is basically a standard update for procedures now that the court case has begun. Second letter is to confirm that they have passed the acceptance to the RBOS and that the bank should forward payment within 6 weeks. RBOS letter would appear to be an automatic offer for all the charges minus the interest, ie - the original first offer that we refused. My partner contacted the FOS who have indicated that this is indeed an automatic resonse and that we should write to the RBOS to clarify acceptance of the last offer and how they should pay us, either cheque or credit an existing account. This may provide a bit of hope for anyone that has been offered settlement from the banks prior to the court case and refused it. Of course there is still time for a sting in the tail.

Ok, have been in limbo a bit with this case scenario. Phoned the FOS yesterday after reading some information from their site which anyone using them should look at. On the bases of what was said we have returned the final offer form as accepted (even if it is outwith the FOS acceptance time). The RBOS may just accept it and pay out or back to limbo land, either way I don't think we have anything to lose. At least the last offer did include some of the interest. I would strongly recommend having a look at the FOS updates as to how the later cases could be handled. http://www.financial-ombudsman.org.uk/faq/bankcharges-testcase-quickguide.pdf

If we write to the RBOS letting them know the position, do we need to also forward a copy to the FOS?

We are in FOS limbo to, refused RBOS offer which included a quarter of the interest. Aparently it is now with the adjudicator, may write direct to the bank and see if we can prod them on to a full offer.

Cheers folks. Although it has caused a bit of domestic disharmony I feel it is important to push the RBOS (or any bank for that matter) as they would push us. It seems the banks will try and dominate the proceedings like a control freak, it's laughable that they state they have done no wrong - and then proceed to offer all the charges back with no admission of liability! Fact - we go overdrawn, we get charged, someone doesn't get paid, bank pays itself the charge, puts us overdrawn, doesn't offer overdraft facility, now have to repay persons not paid, repeat. Sorry but I can't see where the bank has provided a £30+ service there.

Aye, I hope that IS the case. Does this mean that the FOS are doing their investigation and the RBOS get charged for this? and Would there be remote possibility that the RBOS may just pay up now?

Well Bigmac, you did warn us! FOS has put our case to an adjudicator and may take up to 3 months to investigate.

We have had an offer through the FOS for all the charges plus a quarter of the interest to which we have refused as a final settlement. We should hear back shortly as to the banks stance on this. Gets a bit nervy at this point as we really need the money! (like most people of course)

The total charges came to £2460 + £745 interest at 8%. The first offer was the £2460 only. Second offer was £2655. We are now paranoid that the RBOS may dig in and take back the offer.

I think you are worrying a bit to much, how far have you got with the FOS, have they contacted the bank yet? They should get back to you with the bank's offer at some point, start from this point rather than assume the worst. We are on our second offer from the RBOS through the FOS and have been offered all the charges and some of the interest.

Well we chickened out of contacting the bank (sorry Bigmac) but after heated debate we agreed that we would have one last go at having the offer increased. Letter sent to FOS as follows. We thank you for your letter of the 3rd of July 2007 informing us that the RBOS wish to make us a revised offer. We seek to be compensated for the RBOS’s unauthorised use of our monies in the terms provided for in the contract, follow the principle advocated by the OFT - in its published guide to The Unfair Terms in Consumer Contracts Regulations 1999 - that “fairness and balance require that both parties to a contract are equally bound by it, and equally liable to pay compensation for failure to abide by it.” We appreciate that the RBOS have attempted to reimburse us but again we feel we can not accept this offer as full payment of the money removed from our account. The fear is that the RBOS can withdraw the offer completely (as confirmed by FOS), so hopefully we are appearing open to a better offer or a full settlement. We have decided that we will accept the next offer if it is better or in full. Then we will start again with the next account!

Have prepared a letter based on stevokenevo (cheers) to go back to the FOS. We thank you for your letter of the 3rd of July 2007 informing us that the RBOS wish to make us a revised offer. Again we can accept this offer as part payment of the money removed from our account but not as a final settlement. We claim 8% compound interest - using the rate and method specified in the contract between the RBOS and us, and applied by the RBOS to monies it is owed. We seek to be compensated for the RBOS’s unauthorised use of our monies in the terms provided for in the contract, follow the principle advocated by the OFT - in its published guide to The Unfair Terms in Consumer Contracts Regulations 1999 - that “fairness and balance require that both parties to a contract are equally bound by it, and equally liable to pay compensation for failure to abide by it.” Still to decide on whether to go for it or not. Hear what you're saying Bigmac, don't quite have the guts to try the RBOS direct for fear of speaking crap! hence the letter. What do you think?

Well, got another offer via the FOS for £200 of the interest, this would be short by £500. Not sure what to do, a bit dissappointed that it's not the full amount but at least it's in the right direction. Any views.

Thats what we used, together with all the paperwork/schedule of interest (using the template) - and make sure you include the interest and state the 8% rate (we hadn't) on those complaint forms so that your claim is clear.