T4FF vs RBoS - **WON**

[isidore]

Hi all.

 

Have started proceedings, so thought I'd pop a post in........

 

Just sent off my DPA letter for 2 accounts held with RBoS. Wait to hear a response.

[susanne007]

good luck!!!!!!!!!!!!!!!!!!!!!!!!!

[isidore]

Had my statements through on the weekend for my main account. Wasn't expecting them this quickly! Not seen anything of my other account so will wait and see. Now to do some counting........

 

From anyone's experience, should I have had both accounts statements together? Both accounts were on the same DPA letter to RBOS. Already wondering whether this is them causing me hassle, will wait and see what comes this week.

[BigCol]

T4FF,

 

no I would imagine that they are being dealt with separately, but give your Branch a call just to check on progress (assuming that you kicked things off with your Branch).

 

BC:cool:

[isidore]

Didn't go through branch - went direct to customer relations. No number for them (the statements I received had no correspondence). Have therefore sent this reminder.........

 

I wish to confirm receipt of 6 years worth of statements for account number ######## on the 9th September. I would like to draw to your attention however, to the fact that my previous correspondence requested information on both ######## and ########. As there was no correspondence with the statements you sent, I do not know if the statements relating to ######## will be arriving shortly or whether they have been overlooked.

I would therefore like to remind you that I require a complete list of transactions and charges for ########. A complete set of statements will be acceptable.

[isidore]

Sent off my preliminary letter for my first account today!!!

 

Total Charges - £2,385.36 with interest charges of £409.61.

[BigCol]

Bon oeuf!

 

Tomba has just completed against RBS, well done him, the CAG juggernaught keeps on rolling!!

 

BC:smile:

[isidore]

Going to split the accounts into two threads. Second account is now here

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/36175-t4ff-rbos2.html#post284206

[susanne007]

hi taff just to let you know. i won. bank opaid just under 4 k plus wrote off my od which was 2k. about 3 or 4 hundred what i asked. really happy about this AS I DONT EVEN NEED TO APPLY TO COURT. hope your calim goes as well. will be watching. good luck.susanne

[isidore]

No suprise here then....

 

Thank you for your letter of September 2006. I apologise for any dissatisfaction cause by the application of charges to your account.

We believe that our charges are fair, reasonable and transparent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff, which we are satisfied, complies with all applicable laws and regulations. We are also committed to ensuring the transparency of the information that we give to our customers about the operation of our products.

We have considered and responded to the Office of Fair Trading's statement of 5 April 2006. We do not accept the Office of Fair Trading's findings in relation to credit card fees. We are concerned that the Office of Fair Trading has publicly called into question the setting of charges applied to other products, including current accounts. The Office of Fair Trading has restricted its investigation to credit cards and made no attempt to consult with RBS or the industry in relation to other, entirely different products.

Consequently, against that background, we must differ with the views expressed in your letter and will not be refunding any of the charges applied to your bank account.

Again, thank you for taking the time and trouble to write.

 

Going to prepare my LBA now. Do I wait until the full 14 days is up on the prelim (tomorrow) before issuing this??

[stacymason]

I'd send the prelim today, if its the 14 days tomorrow can't see them having a change of heart before then.

 

Stacy xx

[isidore]

LBA sent....

 

LETTER BEFORE ACTION

 

 

Dear Sir/Madam,

 

 

ACCOUNT NUMBER: xxxx

 

Thank you for your letter of xxxx. The 14 day period I defined for resolution of this matter has now ended without satisfactory conclusion.

 

As I have already stated, I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would once again draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

As previously discussed, I calculate that you have taken £xxxx plus £xxxx, which you have charged me in overdraft interest for the sum which you have taken. Total £xxxx. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of xxxx.

 

I require repayment in full of this money. If you do not comply fully within 14 days, then I shall begin a court claim against you for the full amount, plus the standard 8% APR interest, as well as my costs and without further notice to you.

 

[isidore]

Response to LBA....

 

Thank you for your letter and I am sorry to learn that you remain dissatisfied.

There is nothing that I can add constructively to past correspondence but I would like to resolve matters with you. Against that background and as a gesture of goodwill without admission of error or liability, I am offering you the sum of £1,500 in full and final settlement of your complaint. However, our Terms & Conditions will continue to apply and any charges that accrue in the future must stand.

I hope you will consider this to be a fair and reasonable settlement and on receipt of your signed acceptance, I will make arrangements for payment within 5 working days.

 

Letter is going back to say I accept this.............as partial settlement of my claim. Also noticed the weekend that they have cancelled my bank card the buggers!

[isidore]

Thank you for your letter dated xxxx. I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx.

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

My letter before action sent previously indicates that you have until xxxx to respond before Court action commences. You are reminded that there will be no extension to this timescale.

I trust this clarifies my position.

 

I'm also going to close my account today. I've discovered this weekend that my card has been cancelled. I'm slowly repairing my credit history and I've no intention of having it ruined by someone with sour grapes in RBS closing my account once all this is finished. I know it rarely happens, but I'm not going to take the risk.

[BigCol]

T4FF,

 

certainly sounds like you mean business. Keep holding out, there's a big glut of claims being paid out at the mo and I just hope yours is in the pile somewhere.

 

BC:cool:

[isidore]

Had a letter through this weekend to say they are going to settle my claim in full.

 

Slightly peeved it didn't get to court (and an extra 8% ) but I am over the moon. Obviously, will be writing to them on Monday to accept their offer, but how should I go about this because I have a 2nd account with them that is taken a lot longer to sort out?

 

Bit concerned that they will be put me in a position where I will not be able to claim for the second account.

 

Will post their response on Monday so you can look see their wording - not got the letter on me now.

 

Not going to say thanks yet - the money's not in my bank yet. ;-)

[isidore]

I am sorry that you remain dissatisfied with our earlier offer and as a consequence have reconsidered your claim.

As mentioned previously, we prefer to resolve matters with you direct and as an exceptional matter, have agreed to meet your claim of £2,794 in full.

Payment is to be made on the basis of a full and final settlement of your complaint. It is offered as a gesture of goodwill and without admission of liability or error. Also, our terms and conditions will continues to apply and any future charges, in the absence of a bank error, will stand.

If you are prepared to accept my offer on this basis, please sign and return the copy of this letter. On receipt of your signed acceptance, arrangements will be made for payment within 5 working days.

 

Marvellous!

 

So the question is, how does this leave my claim for my 2nd bank account? By accepting the settlement, how can I ensure I can still make my 2nd claim?

[stacymason]

write back saying you accept the offer but none of the terms attached to it!

[isidore]

Do you think this will be ok??

 

Thank you for your letter dated xxxx. I wish to accept your offer of settlement on the above account. This will be on the basis of a full and final settlement of my complaint on the above account on the grounds that any future charges will stand.

 

To clarify my position, I am currently in the process of obtaining bank statements from you for a previously held account, which I am yet to receive statements for (57 days into what should be a 40 day Data Protection Act request!). I will be progressing my complaint on this account in due course and my acceptance of this settlement will in no way alter my proceedings on my other account.

 

Finally, having recently changed banks, the above account has been automatically closed as part of the switch. I would therefore ask that you transfer the funds to xxxx, alternatively a cheque will suffice.

 

Yours sincerely

[stacymason]

Should be ok!

[isidore]

Received my cheque in the post on Saturday!! Woohoo!!

 

Thanks to all that have given input.

[stacymason]

CONGRATULATIONS!!!!!!!!!

 

Well done, and good luck with second account!

 

Stacy xx

[LittleHobo]

Hey, thanks for your help and the link! that is inspiring and will take it all the way... i nearly gave up! But it seems it was just a lot of jargon and a letter that gets sent to everyone...

 

Well done!

[bluerach811]

hi I've been reading through your posts. I am in a situation with RBS also and just wondered if you could help as you've been through it. I have had no reply since my LBA- reply should have been by 14/12. so I'm now starting my claim on-line. when filling in the spreadsheet would you include the £10 charges i was charged for going over my over draft every month? if so would they come under 'cleared transaction' charges.

 

Any help much appreciated

[isidore]

hi I've been reading through your posts. I am in a situation with RBS also and just wondered if you could help as you've been through it. I have had no reply since my LBA- reply should have been by 14/12. so I'm now starting my claim on-line. when filling in the spreadsheet would you include the £10 charges i was charged for going over my over draft every month? if so would they come under 'cleared transaction' charges.

 

Any help much appreciated

 

 

If you were charged for going over your overdraft, it wouldn't be £10 a month. If this charge is a regularly one (ie EVERY month), I would suspect this is more likely to be your Royalties account charge? Are you sure this is an overdraft charge? In response to your question, IF it is an od charge then yes you would claim it.