Interesting, but Confusing

[Delta]

Ok so I have just received a letter from Cobbetts, with regard to my claim against Natwest and the current test test case.......

Basically it says that due to the test case they are applying for a stay and that the Bank will keep me updated appropiately about the procedings with the OFT. They assure me that the Bank has registered and stored my claim and that I am to retain my bank records as this will make it easier to support my claim on resolutlion of the test case.

Once the legal procedings between the OFT and the banks are restored, the Bank will resolve my claim as quickly as possible applying the test case principles. etc etc and they enclose a copy of the letter that they recently filed at court. Its a 3 page letter and basically is asking for a stay on the case and asking the court to respond to the request, and it lists what they included as enclosures...

1. OFT Litigation Agreement dated 25 July 2007
2. Agreement between the OFT, the FSA and The Royal Bank of Scotland Group plc date 26 July 2007
3. Test Case Claim Form filed 27 July 2007
4. FSA Direction dated 27 July 2007
5. FOS letter dated 27 July 2007.

Now all this is well and good, and I appreciate them taking time to let me know what is going on, but this claim was settled a few weeks ago, so I fail to see why they are telling me, UNLESS the outcome of the test case could result in them asking for the money back.

Thoughts anyone?

If any of the team want a copy of the letters, then please let me know and I can scan them and email them to you.

[iancognito]

Re: Interesting, but Confusing

I assume they are just going through all their claims and sending standard letters to everyone.

Point is it's very naughty of them implying any test case will be stayed because that is up to the courts, not them (although we know it will probably happen).

They won't be getting their money back no matter what the outcome of the test case is, they gave you the money "as a gesture of goodwill" nothing to do with bank charges being unlawful so don't worry about that one.

With a bit of luck, you claim will stay in their "undealt with" pile, and when they lose the test case, they'll give you another pay out, quite independent of the "goodwill gesture" you've already had of course!!!!

Not that i'd suggest you accept it of course

[enaid]

Re: Interesting, but Confusing

I think it must be the stanadard letter they are sending out to peeps, they may be so far behind that they dont know it has been settled. They is no way they can take the money back, not when you have signed full and fianl settlement.
I can picture the scene now, bankers lined up at the gallows rofl

[Delta]

Re: Interesting, but Confusing

You mean they are sending it to all claimants? aw shucks I thought I was speshul

[enaid]

Re: Interesting, but Confusing

We know that Delta, but to the banks we are all just a number unfortunately :slayer:

[Kafka]

Re: Interesting, but Confusing

Now all this is well and good, and I appreciate them taking time to let me know what is going on, but this claim was settled a few weeks ago, so I fail to see why they are telling me, UNLESS the outcome of the test case could result in them asking for the money back.

I've just had an offer of all the charges in full and final settlement from one bank, even though they have already paid me in full with interest. They are just so incompetent.

I'm thinking about sending the form off to see if they pay me again. I have another claim about to go in with them anyway. If they pay me again but spot it and ask for the money back, I suppose I'd just have to say that unfortunately I can't process any enquiry about charges until after the test case in a few years time?

[biscuits]

Re: Interesting, but Confusing

You shouldnt have to wait that long, the OFT case starts on 14th Jan 2008

[iancognito]

Re: Interesting, but Confusing

Yes it does cillit but by the time the case and subsequent appeals are over, it isn't going to be next February, unfortunately whatever the banks say about a quick resolution, we suspect it isn't really gonna happen.

Go for it Kaf, you've not had your charges back anyway - just a gesture of goodwill!!!

[biscuits]

Re: Interesting, but Confusing

Ah well we'll just have to wait and see i suppose

[pam1]

Re: Interesting, but Confusing

Ive never understood why people can't accept another payment of goodwill, you oculd say you thought the bank had reconsidered and felt thier last offer was unfair.

Wouldn't it be the same for a second amount, how can they claim it back as both are goodwill gestures? if they choose to pay you twice why turn it down. Its thier incompetence after all.

Most offers are "with out predjudice" on them so they dont want the paper to go in the courts. Wouldn't it work in favour if they did pay again.

[Paradox]

Re: Interesting, but Confusing

Yes it would Pam, but we should retain the moral high ground. It's money that we're not "technically" entitled to.

JMO.

Matt

[pam1]

Re: Interesting, but Confusing

I know but wouldn't it be fun
but... just out of interest could they claim it back?

[Paradox]

Re: Interesting, but Confusing

They'd prob claim a "mistake" and take it back out of your account, even if you'd removed it, then persue you for it.

[pam1]

Re: Interesting, but Confusing

well i don't think im brave enough to try. Although i never had the oppurtunity.

If any one reading this has been, then keep me posted.