Bizarre.Moogle Vs RBoS ** WON **

[Seahorse]

I'm not sure that you are able to claim the s69 8% statutory until you commence court action. And possibly a wee bit early to be putting in your LBA? Can you hang on before posting to see what others think? But my opinion would be to give them their full fortnight to see what transpires first.

 

Seahorse

[Bizarre.Moogle]

Sent you a mail. My reason for including the 8% at this stage is what I have put down, also I recall (not sure were) but that claiming for the 8% before court action shows to them that you do know whats happening and what you will be entitled to if/when goes to court.

 

So far they have ignored the Preliminary letter that I sent, hence why I sent my LBA on the 14-02-07. The letter I got from Sandy todays, confirms looking into LBA. My letter back is just to state what I will do and what timescales they have left.

[isidore]

I think I agree with SH here.....only because you haven't done this from the start. Had you put this on your prelim - and even though it is advised you shouldn't, there's no reason why you can't as long as it's worded properly, ie "i know i am entitled to this once we go to court, but intend to claim this from the start" - I think that you would have a more sensible argument.

 

I do agree moogs what you say about proving you know BUT changing your LBA halfway through might do the opposite. Personally, I wouldn't send them ANY letter but that's my opinion.

 

I'm not saying this to criticise, just trying to find out why........I don't know what you are trying to achieve by sending this? Are you trying to avoid court whilst still getting your 8%? Are you trying to ensure it goes to court anyway? What are your intentions (scuse if you have said higher up)?

[Bizarre.Moogle]

Thanks T4FF. Wasn't too sure. My point was to warn them of the expiry date for the LBA. I do think I might have made the mistake by adding it into my LBA and not my Prelim.

 

I won't send the leter, (deleted from the thread). All I can do is now wait till the 2nd March to see if they respond to any request.

[Glenn UK]

BM

 

Sorry got here too late to help, but from the others comments it seems you were going to add statutory interest in your LBA and as others have said this isn't generally recommended.

 

This is the primary advantage of claiming contractual interest in that you make it part of your claim from the prelim.

 

Arguably once you submit your claim then they have to pay the 8% to settle.

 

HTH

 

Glenn

[Seahorse]

Agreed. It's difficult to negotiate a claim upwards, but by claiming for the max from the start, you leave room for negotiation downwards should you choose to do so. Not that I intend to, as all I can see is ££££ signs at the moment

 

Just had my reply to my prelim from Sandy this morning. Same as you; claim being investigated.

 

Clock's still ticking though, Sandy

 

Seahorse

[Bizarre.Moogle]

Received nothing yet and tomorrow is the deadline. Do you think if nothing is in the post tomorrow I should call Sandy? Or go to the court and collect the N1 form?

[Seahorse]

I have a feeling you'll have a little surprise in the post tomorrow

 

If not, I'd drop Sandy an email as a courtesy to say you'll be filing. That will give him a chance to say, Hang on, your offer is in the post!

 

And if he doesn't, then off to court you go.

[Bizarre.Moogle]

Hi Seahorse, Unfortunately nothing in todays post bar my mobile bill.

Not sure of Sandy's email, so Ive used the following sandy.watt@rbs.co.uk to see if this gets to her. This is what I have sent to her.

 

Hi Sandy,

I hope this gets to you. My name is Bizarre.Moogle and I received a letter from you on the 20th February 2007 dated 19th February 2007 advising me, "We are currently considering your claim and will respond to you as soon as possible".

 

Today is 2nd March 2007, and in my Letter Before Action I advised that if I received no response by this date, then I would be filing in my local court to recover the charges and costs for going to court.

 

As a courtesy I am sending this email to see if there has been any delay, or if I have to stick to my deadline that I have given to you and file a N1 form in my local court.

 

Hopefully there has been a delay, as any court action will increase the costs for both of us, so I hope to receive an email as soon as possible to advise me what your plan of action is.

 

Yours,

 

Bizarre.Moogle

[Bizarre.Moogle]

I can say the email for Sandy works and got this as a reply.

Please note that as your account is closed, we have do not have access

to

any data for it.

As a result, our investigations into these types of account take

longer,

hence the delay to our responding to your complaint.

I should also say that the timescales for responses etc., that are

being

mentioned in the media, are just not realistic.

I can only ask you to be patient, we will respond to your claim, once

we

have completed our investigations.

 

Sandy

 

This is what I have sent back to her.

 

Hi Sandy,

Thank you for quick response. I do understand, that with

my account being closed that it could take a little longer. And also

with the amount of claims going through this can have an adverse effect

and cause delays.

 

Do you have any idecation when you will be

able to respond to my claim? Is there certain information that you are

looking for, i.e. account statements.

 

Thank you in advance.

 

Yours,

Bizarre.Moogle

[isidore]

IMO Biz, sod this. If she hasn't offered you a settlement right now, then they're nowhere near offering you one. If you sent a letter to them 4 weeks ago, how have they still not got hold of the information they require to sort out your claim?

 

If Sandy doesn't give a reasonable deadline, then I would tell them it's not satisfactory and you will be filing a claim. Ad your 8% and get on with the process.

 

As for her comment about deadlines not being realistic, that's not your problem - that's theirs.

[Seahorse]

Is Sandy a she? OOPS. I'd imagined it was a he. :o

[Bizarre.Moogle]

Just got this off her,

Hi

 

We have ordered historic account statements for here, these are

currently

taking about 2 weeks to arrive.

After that, we would expect process your claim quickly.

As to timescale, I would hope within 3 weeks, all being well.

I hope you will bear with us

Sandy

 

Sent this as a reply,

Hi Sandy,

If it will help you out at all, I received two copies of all my statements, would you like me to forward a set off to you?

 

Yours,

Bizarre.Moogle

[isidore]

3 weeks!?!?!?!?

[isidore]

You've got 2 sets and they've got none? Pretty poor imo.

 

I wonder how much of this is down to the pending decision by the OFT on bank charges?? Funnily enough, I'm currently going through the motions with one of my mates who was with Natwest and they are throwing in some CRAAAAAAZY delaying tactics. It makes me wonder whether they are stalling for something....

[Bizarre.Moogle]

Thanks for the offer, but it might confuse the issue?

 

Once we have your statements, we have a process we follow.

Having 'extra' copies can make life more awkward!

 

Thanks for the offer.

 

Sandy

 

any ideas?

[Bizarre.Moogle]

Just sent this off to Sandy. I'm off to work, and wont be able to access the forum from there so will only be able to update tomorrow.

 

Hi Sandy,

 

Due to declining my offer to send original statements, would you be so kind to email me when you receive the statements YOU have requested.

 

I feel if I was able to send them to you, this process could be speeded. Taking this into consideration, and that you have had my claim request from the 19th February 2007, so far you have had 12 days, is this taken into account the 2 weeks waiting for the statements therfore they should be with you anytime soon?

 

With this in mind, and due to the changes that will be coming into effect by the OFT in the coming months, I feel a fair timetable being a response by the 19th March 2007.

 

WITHOUT PREJUDICE

 

If this will help, I will accept the following offer till the 19th March, after then I will revert back to my original request. My offer till the will be to accept £851.33 (£798.00 in charges and £53.33 in debit interest) instead of the above amount and 8% interest that would be applicable if this goes to court.

 

I can understand that you may not be able to confirm this straight away.

 

Hope you have a nice weekend if I don't hear back from you today.

 

Yours,

Bizarre.Moogle

[isidore]

The words "see you in court" spring to mind....

[isidore]

(Just read your previous post) Well now they don't....

[Bizarre.Moogle]

Hi T4FF, I decided to extend the deadline only on the reason that my account is closed with them and that I will be sending a copy of my statements onto them so they have no further excuses for any delay.

[Bizarre.Moogle]

Just got back from my week away and letter from them offering me £798 for the charges, not looking to do a refund on debit interest.

 

I've decided to take this offer, will mail out Monday using my own 1st class letter signed for.

 

Will let you know when i get the cheque and its cleared.

[Seahorse]

At least you've had an offer. All I had back in reply to my LBA is, it's still being considered. I rather think they might be waiting for the OFT report in some cases.

[Bizarre.Moogle]

I'm a generous guy, today nothing in the post from RBoS, ie my cheque. Just sent a quick email to Jacqui Tuck seeing what is happening. As always will keep people updated.

[Bizarre.Moogle]

Hi all. After a conversation to Jacqui with ref to the email I had sent, they apologised for the delay and advised cheque would be with me by today.

 

Well the post has been and I know have in my hand a cheque for £798.00!!!

Thanks for all the help from the site templates and support from other users. I won't confirm this as settled till the cheque has cleared. Will only be able to pay into my bank account tomorrow so come April 2nd should be cleared funds in my account

[Seahorse]

Good on ye, BM. About bloody time too, if I may say so. I don't know why they are bothering to drag things out any longer, as it must be clear to all but the most feeble minded that they'll have to give in eventually.

 

Enjoy your wee win.