RBS Redress Offsetting Question

[cbd13]

Hi all,

 

I have today received a letter from RBS returning my claim which reads:

 

"Unfortunately we are unable to progress this matter further as:

- The current address you have supplied does not correspond with the records we have have on file. If you currently hold open accounts with us, we require you to contact your local branch and arrange to have your details updated. If you do not have any open accounts with u, please provide us with two pieces of information that confirm your current address......"

 

Is this a delaying tactic by them, as I included a copy of the agreement with the PPI, and a copy of the previous loan agreement (which was refinanced by the latter) and which contains the same address as my current one.

 

Surely copies of the agreements are more than enough for them to continue. How is proving my current address going to change anything. It's almost as if they didn't even read the claim.

 

Can I complain?

 

Many thanks,

cbd

[ims21]

If it were me, and to speed things up, I would send them proof of address changes.

 

The good thing is that the interest on the claim is rising.

 

ims

[cbd13]

Have decided to do as you suggest ims, I am not in any hurry as any award will no doubt get offset and reduce an outstanding amount. I just thought that this must be a stalling tactic by them and should kick up a bit.

[cbd13]

Quick update: I have had claim returned again due to the current address, despite giving them confirmation via 2 recent cc sstatements not forgetting the loan agreement of previous address and the refinanced loan agreement with my current address. Now this time they enclose a copy of everything I sent, not the originals!

Ok, now it gets good....This letter and the copies have been sent to my address marked "Private & Confidential" which is great, but there is no name! My father opened it, as he would being the home owner, surely there is something I can do about this?

 

Advice please as I am ot concerned about my past history, but to return copies of current credit card statements to an address without even a name, come on!

 

thanks as always cbd

[Wheretostart]

Sounds like they made a major faux pas

RBS tried the same sort of tactic with me but i pre-empted it by sending a copy of my passport to prove my signature was mine

[cbd13]

I have returned my claim again this time to the name on the letter and included a copy of my driving licence which has my previous address on so that should be enough info.

With regards to their balls up, I just included the following bit of advice in my covering letter:

I understand that this is an extremely busy time for you and your team, but I would just like to point out that your response letter, although marked Private and Confidential, did not include my name. As a result this was opened by the homeowner, who thankfully is my father, but still contained sensitive personal information.

Additionally, you didn’t provide a reference number, so I hope you will be able to locate my claim without too much difficulty."

[cbd13]

RBS paid me the interest by cheque but credited the premiums to my account which was defaulted in 2009. One set of premiums has been offset against the defaulted loan the other 2 to the account and offset against overdraft and there is a credit balance c.£1700. RBS have a charging order for the defaulted loan/overdraft. I have no way of seeing the accounts or gain access to the money, is there anything I can do about this?

Cheers cbd

[cbd13]

Ok, I have now received 2 letters (should be 3) yesterday, albeit dated 7/8/12.

 

They state:

"I am pleased to confirm that we have placed a credit into your account in full and final settlement of your complaint"

As mentioned, my account has been dormant for 3 years.

Also:

"If our above reference relates to a loan that is still open then ( unless your account is being manged by Credit Management Services) we adjusted your loan and reduced the repayment amount accordingly.etc etc"

Now as I only have 1 loan open under CMS and a charging order in place, surely I am entitled to receive the other 2, non related loan redress payments paid to me by cheque, as was done with the interest payments?

 

cbd

[cbd13]

Thankyou team for the title change!

 

Does anyone have any advice for me, please?

[ims21]

If you have outstanding debt with the RBS ( or any bank within their group) then they can use their right of set-off to reduce the amount owing to them.

[cbd13]

I appreciate the reply ims. How it looks to me though, is that they have offset the redress for the loan which is in default, which I understand. It would appear that the other 2 PPI premiums have been credited to the dormant current account (offsetting c.£800 o/d made up mostly of charges) and there sits a CR balance of c.£1000. I have no access to this account, so can I insist that the unrelated premiums are paid to me by cheque (as they did with the interest)?

All seems strange, as if they wanted to clear the arrears in full, then they should not have sent me anything and offset the whole lot in one go, thus satisfying the CCJ and Charging Order!

[cbd13]

Ok, an update for anyone who may be interested or in the same boat.

 

I have today called RBS, they have clarified their policy with regard to redress.

 

If the loan account is closed/repaid, then they can offset against any Overdraft

If the loan is open and in arrears, then they can offset against the Loan

 

They have sent a letter to me 1/9 (hopefully receive soon) explain the set off against my overdraft and that a cheque will be sent for remaining balance on the current acount (c.£1800).

Now my problem with this is that the o/d amount of £1014 is made up of charges leading upto the default and 2 years worth of interest. Can I still reclaim these (and older) bank charges?

 

many thanks!

[cbd13]

Ok, another update. Having not received anything in the post, I have chased RBS and apparently they have sent my cheque to my old address (the address my old dormant account is registered) as opposed to the address they have sent every other bit of correspondance to (including interest payment).

I have text my tenant to see if I can get my post, but could I demand that RBS cancel the cheque and give them my bank details to pay it to me electronically? Is there any form of data protection issue I can raise too?

 

Many thanks cbd