Zeusie V RBS

[Zeusie67]

Hi

 

I sent away for my six years worth of statements and received them a few weeks ago. I totalled up my charges, which were in excess of £750.

 

I decided that I wanted to charge them 8% daily interest from the date of application of each charge (which i think is reasonable interest for them having my money all that time) on top of the actual charges and this took the overall total I was claiming for to over £1200.

 

In order to keep my claim under the small claims limit I decided to split the claim in two, and sent a request for repayment of charges with interest for amount under just £750 (for the peroid approximatley 2001 -2003), with a view to starting a second and subsequent claim after this first one is settled (for the peroid approximatley 2004 -2006.)

 

I sent the preliminary letter just over 14 days ago and have received today an offer from RBS which amounts to the charges i have claimed for (but not the interest). TBH I am not that bothered about the interest, but included it as a bargaining tool, which appears to have worked. I just want the matter settled ASAP.

 

Whilst I am inclined to accept the offer, I now understand that certain Sheriff Court's have frowned upon the making of second and subsequent claims and are throwing them out.

 

What I would like to know is, if I settle the first claim at an early stage (having not went as far as raising a court action) would I fall foul of the Sheriff Court (or the FOS) if i raise a second claim which does go to Court (and the bank try to use the "second claim defence" which some banks now seem to have latched onto)?

 

I am toying with idea of just rejecting the current offer for the first claim, and advising the RBS that I am claiming for a higher amount (over £1200) for the full six year period and allowing them a further 14 before i send a LBA if they don't cough up an amount acceptable to me. Does this seem sensible?

 

I realise that this tips me into Summary Cause route, but if push comes to shove, and they fail to pay up, I can just go down the FOS route to avoid any uneccessary worries.

 

So what do i do? Continue with my two seperate claims? Or merge them into one and reset my timescales appropriately?

 

Any views?

[allybee13]

Personally, I'd be a bit wary of splitting after George's result.

 

Also, be careful that RBS aren't offering the amount as full and final settlement.

[stevokenevo]

In your prelim + L.B.A letters, you should be asking for the full amount of charges, regardless of the court claim limits, basically in case by some miracle they actually refund them.

 

It is when you come to issue the claim at court, you can either split the claim (unless its the clydesdale) and keep it under £750 (which is £750 + the 8%interest) or you could go for a summary cause claim (£1500 + 8% interest)

Hope this helps

 

S