Spotnot's Dad v RBOS

[spotnot]

Am doing the bank charges reclaim for my dad. We have worked out that RBOS have taken £2,357 in charges. Being brave I decided that we should also go for contractual interest. This came to just over £1,600 (thanks Vampiress for the spreadsheets!).

Sent the prelim letter on 20 December, sent lba last Saturday (late I know but life gets in the way sometimes!!).

Dad got a reply this morning from RBOS offering him all his charges back, but not the interest. Very quick response and to get such an offer at a relatively early stage is rather unusual.

Anyway, the debate going on in my Dad's head is whether to accept their offer (£2,357 he didn't have before. More than enought to have a fab time @ Glastonbury), or whether to reject the offer and go for the interest as well (extra £1,600 but might not be available in time for Glastonbury.

My gut feeling is to go for the whole lot and reject this offer.

Any thoughts??

Spotnot

[spotnot]

Have just emailed Mr McLean along the lines of ' Thank you for offer....will accept as part payment.........want rest or going to court.......I know you are a busy man so in everyone's best interest please settle in full......Many thanks'

So now I await the response.

[missm]

It really depends on your situation... Myself when I claimed it wasnt worth the contractual interest as my account has only been open since 2004 and most charges were from 2005. However another £1000 is nice incetive to wait! good luck

[spotnot]

Got a reply back from Mr McLean today, stating that they were not wiling to pay any more cos they have offered 100% of the charges back. Fair enough they have, but the amount of hassle, upset and stress these charges have caused have put a great strain on my dad. So I am still very tempted to go to MCOL with the full claim.

Wish me luck!

Spot

[spotnot]

N1 filled in and being submitted on Monday Total claim: nearly £ £4,500!!

[dangler8]

MY own opinion and no doubt I will get shot down saying this but I dont agree with claiming CI . bank charges whether we like it or not are a result of our own financial mismanagement. Had charges been £8 or £10 each this whole shabang would never have started. If the bank offers a full refund of charges then great. If they offered a refund of the charges less a nominal charge of £8 - £10 per occurence then that balance with CI would probably be near to what they offer initially, if that makes sense. Again I reiterate this is only my personal opinion.

[spotnot]

The first charge perhaps is a result of financial mismanagement, but then the whole situation is compounded by further charges. And so it spirals. I respect your opinion but don't agree with it. My Dad incurred interest therefore he is claiming it back. This bank made my Dad's life hell for such a long time that I had to take charge of his finances, hence the claim.

The banks apply compound interest therefore under contract law I am also entitled to apply it.

I also don't agree with £8 being a nominal charge. The banks would still profit from this,therefore it is an unlawful charge. Perhaps when the banks start charging £2.50 then maybe i could accept your argument, but they aren't.

[isidore]

Spotnot, it seems to have been a while since you got to the last stage. I was wondering if you have noticed the opinion that has been put forward by the mods over the last few months in that if you are offered full settlement of your charges you will find it very difficult to justify going to court just for contractual interest and that if you are offered full settlement of the charges you should accept it. It is risky enough claiming for CI on the basis that it is not something that are guaranteed to be entitled to or awarded an often depends on how nice the judge is on the day so to actually take a bank to court JUST to retrieve CI is very risky because of this.

[spotnot]

I had noticed this but am determined to carry on with it. I am prepared to argue the contractual interest argument in court were it to get that far. Also I have not claimed any of the overdraft interest applied to my dad's account, just the contractual interest.

RBS are paying out for claims for charges plus contractual interest so I don't see that this claim should be any different. But thank you for pointing out this change in opinioin to me.

[spotnot]

N1 form submitted and Notice of Issue received yesterday. Date of issue 19 April, deemed served on 26 April.

[spotnot]

Received Cobbetts defence yesterday. Just the standard 6 pages of waffle. Will compile suitable reply this weekend and will post here for some expert opinions.

[spotnot]

Well, things have moved on slightly since the last post. Received the aq three weeks after receiving Cobbetts defence. Filled in, paid fee, delivered to court. Received Cobbetts aq this morning. Suppose we'll just have to wait for a court date now.

Ho hum............

[babyboo2101]

Hi
Im glad things are moving on for you, reading other peoples posts i'm quite sure it wont be long now before you are given a court date and then as many peoples claims seem to go you usually get paid out in full (even with contractual interest) just with days to go, just want to say good luck and thankyou for posting updates because it gives people like me an idea of what is probably due to happen next, i started my MCOL against rbs and then recieved the offer of the full amount of charges but not the interest that i too had claimed, i refused this and they have now defended on the last day!!
So today i recieved my letter from Cobbetts that i will be replying to tomorro, i know what im sending them back but wasnt sure whether the same has to go to the court aswell or if you wait untill you have heard about being allocated with a local court, hopefully should recieve something from the court in the next few days, i have a thread so will keep people posted!!
Good luck and i hope you dont have to go as far as turning up at court.

[Fat.Controller]

Hi Spotnot

You might want to have a read of this thread:

http://www.consumeractiongroup.co.uk...dent-lost.html


It is a High Court ruling and I suspect will have an immediate bearing on CCI claims in county court.

Good luck!

FC