WARNING to all - Recall of decree

[Douglas52]

Nasty work by the Royal Bank of Scotland. Offer of settlement around 15th July 2007 which we decided to accept but we waited for one week (to see if anything better happened) before posting the acceptance. On 24th July wrote to court withdrawing case subject to full payment of settlement by the bank(one week before hearing date). Also received call from bank asking us to withdraw the case since we accepted the offer.

Today still no payment so we called the bank- They said a letter was on its way in the next week or so explaining that the offer was withdrawn pending the result of the test case!!!!!! Quickly called the court but they had mis-interpreted my letter, assumed we had received payment and then withdrew the case instead of suspending it. Eventually they said I could lodge a minute of recall of decree. This I am doing, but I intend to use the offer to get a prompt settlement at the first hearing- surely the offer and acceptance are a contract which they have broken? Surely I can argue they have not acted in good faith allowing me to claim full court costs? I cannot beleive they can tell us to withdraw the case then cancel the offer!!! Any help or advice?

[callumsgran]

They cant withdraw their offer once its been accepted, not sure what this site is doing about this but others are working on template letters to send
Have a look around the other sites

[Douglas52]

That's what I think and I fancy the Sheriff will be upset too!

[rory32]

So will the fos. The banks agreed to honour any offers made.

[Monty2007]

Providing you have accepted the offer within their time period then they must accept it or you can make a claim against them for breach of contract. As suggested above, report them to the regulators first and then submit another N1.

[Douglas52]

Thanks guys I'm not too worried about going to court- I fancy trying to get them for not acting in good faith (to get full costs) and also another chance to get interest on the money.

[rory32]

report them to the regulators first and then submit another N1.

Monty we are in Scotland mate

[Douglas52]

I only have 3 days to lodge the minute of recall so I'm going to fax the bank tomorrow and lodge the minute if thety don't reply. Suppose I will lodge a complaint later (yes its a Scottish case!- whats an N1 anyway?!**)

[Monty2007]

Originally Posted by rory32

Monty we are in Scotland mate

Oops, sorry I just assumed.......

[rory32]

An N1 is the form you would use under English law.

[Douglas52]

Incidentally I presume the test case will apply in E&W and be applied to Scotland via the OFT or will there be a test in Scotland?

[rory32]

Douglas are you going to give the bank a date to reply by e.g. 5pm on the date before you need to lodge the minute of recall.

[rory32]

I have only heard of one case have a sist (stay) applied due to the test case. That was in Glasgow.

[Douglas52]

Nope - instant money or else- otherwise I'll have to raise another action and expend the fee again!

[Douglas52]

How can I trust them- Ill ask for a bankers draught (or cash) from a local branch

[rory32]

Good. Just checking

Best of luck.

[Douglas52]

Thanks all maybe I should post the result!

[rory32]

Please do.

[livelylad]

Thread moved to RBS forum

[vonnie32]

They are so out of order! Done the same to me this week....made an offer I accepted and now they seem to be withdrawing the offer....grrrr.