SweetRevenge v RBOS **WON** CONTRACTUAL INTEREST!!!!!!

[SweetRevenge]

Hi all you disgruntled RBOS customers, my very first post on this (or any other) forum and grateful thanks to BlueSkies for showing me how!

 

I'm new to the internet, new to broadband, new to moneysaving and new to revenge, but I'm more than ready for the fight ahead and itching to get on with it. Bring it on!

 

If there's anyone there who wants to share experiences I'd love to hear from you.

[SweetRevenge]

Hi Stacy and thanks its nice to know i'm not on my own out here! Sent off my DPA on Friday Recorded delivery so I've set the ball rolling - i recognise its a slow one tho!

 

Looks like you've had lots of success - always encouraging to hear. I'll spend the time waiting having a look around as you suggest.

 

Speak soon

SR xx

[SweetRevenge]

Hi all,

 

has anyone got a clue how to approach this one: my partner wants to reclaim charges against RBofS***, problem is it was a joint account and his ex isn't going to want to help - if it needs her signature she won't do it, in fact she would actively try to prevent him getting money. So that's hurdle number one. I believe that he can ask for schedule of charges in his own right, and then any money reclaimed should be split with her. Is this the right way to go about it?

 

Secondly, RBOS knew he was in debt to the tune of about £17k with personal loans, cards etc, (all of which he took out to satisfy her never-ending greed for all things material) and that he wouldn't be able to open another current account elsewhere. So they said he could have one with them, provided he consolidated their £2,200 (unauthorised) overdraft with his RBS personal loan £5k left to pay, effectively increasing his loan to £10,000 including the interest on the loan . The overdraft interest was 29.8%, the loan interest also high. They then removed his overdraft facility - this put him unauthorised overdrawn and he paid charges every month. At one point he was (unauthorised) overdrawn by £45 - by the time they had added interest and charges at the end of a couple of months this had become £470 ish.

 

I know this is a bit of a tangle - could I have some help please with working out which bits of this are reclaimable?

 

Thanks for any help you can give.

[SweetRevenge]

Hi all,

 

has anyone got a clue how to approach this one: my partner wants to reclaim charges against RBofS***, problem is it was a joint account and his ex isn't going to want to help - if it needs her signature she won't do it, in fact she would actively try to prevent him getting money. So that's hurdle number one. I believe that he can ask for schedule of charges in his own right, and then any money reclaimed should be split with her. Is this the right way to go about it?

 

Secondly, RBOS knew he was in debt to the tune of about £17k with personal loans, cards etc, (all of which he took out to satisfy her never-ending greed for all things material) and that he wouldn't be able to open another current account elsewhere. So they said he could have one with them, provided he consolidated their £2,200 (unauthorised) overdraft with his RBS personal loan £5k left to pay, effectively increasing his loan to £10,000 including the interest on the loan . The overdraft interest was 29.8%, the loan interest also high. They then removed his overdraft facility - this put him unauthorised overdrawn and he paid charges every month. At one point he was (unauthorised) overdrawn by £45 - by the time they had added interest and charges at the end of a couple of months this had become £470 ish.

 

I know this is a bit of a tangle - could I have some help please with working out which bits of this are reclaimable?

 

Thanks for any help you can give.

 

Has anyone tried this and can you advise please? thanks

[SweetRevenge]

Thanks weej, gee you sound like a nice, well-balanced, grounded human being. .. wonder where I went wrong!

 

Worth a try - thanks again:oops:

[SweetRevenge]

Sweetrevenge

Royal Bank of Scotland Plc

CLAIM DATE:01-Nov-06

INTEREST RATE: 33.70%

TOTAL CLAIM: 691.96

 

TOTAL AMOUNTS 439.18

252.78

 

Referral charge for April 2003 20

09-May-03 35.03

Charges to 30/04/03 20

16-May-03 34.72

Interest to end April 2003 10.06

16-May-03 17.47

Referral charge for November 2003 60

08-Dec-04 44.14

Charges to 30/11/04 28

16-Dec-04 20.29

Interest to end November 04 15.61

16-Dec-04 11.31

Charges to 30/06/05 28

30-Jun-05 13.32

Interest to end June 2005 22.58

30-Jun-05 10.74

Referral charge for September 2005 90

10-Oct-05 32.45

Charges to 30/09/05 28

17-Oct-05 9.89

Interest to end September 2005 30.35

17-Oct-05 10.72

Referral charge for April 2006 30

09-May-06 4.51

Charges to 28/04/06 28

15-May-06 4.06

Interest to end April 2006 28.58

15-May-06 4.14

 

These are my charges using the 'Throughout claim with compound contractual interest" spreadsheet that Vampiress has on the google spreadsheets site. I've realised that the past six years have been nothing compared to the previous, so once this is sorted, I will be looking to claim back beyond that.

 

I'm sure this is nothing compared to other peep's but it's better in my (our) pocket (s) than theirs?!!

[SweetRevenge]

Hey Gordy2gb you a newbie too? got your own thread?

[SweetRevenge]

Please can someone who knows what they're doing with compound contractual interest have a look at these spreadsheet details - have I done it right?

[SweetRevenge]

Hi guys, sent in my preliminary request to RBS today. I've included the text here in case it helps. Oh and by the way i had to redo the spreadsheet as I'd got it all wrong. Never mind! I suppose we're all learning.

 

 

 

The Royal Bank of Scotland Plc

Preston Fishergate

97 Fishergate

Preston

PR1 2DP

 

 

Request for repayment of charges

 

 

Dear Sir/Madam,

ACCOUNT NUMBER: xxxxxx SORT CODE: xxxxxx

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last six years.

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. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would 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.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £332 plus £38.62 which you have charged me in overdraft interest for the sum which you have taken. Total £370.62. I also request that you refund me £213.46 in contractual interest, which I have calculated as of the date of this letter at your unauthorised overdraft rate of 33.70%. This brings my total to £548.08.

The account’s Terms and Conditions specify the interest payable on unauthorised drawings from the account. I believe that this applies to unauthorised drawings by yourselves as well as unauthorised drawings by me. I therefore believe that I am entitled to ask for this rate and further that it is justifiable under the principle of mutuality and reciprocity, and is based on your unauthorised overdraft interest rate that would be applied under the terms of the above mentioned account.

I enclose a schedule of the charges which I am claiming with this letter.

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

Yours faithfully,

 

 

By golly it felt good to stick the stamp on that!!!

 

 

 

[SweetRevenge]

Hi all, sending off my LBA tomorrow recorded delivery. I've included the text here for interest - any comments?

 

I am very disappointed that you have failed to respond to my letter of the 10th November 2006. I now understand that the regime of charges 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 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.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate in the six years to 23 November 2006 that you have taken £390 plus £6.27 which you have charged me in overdraft interest for the sum which you have taken. Total £396.27. I also request that you refund me £211.27 in contractual interest (see paragraph below), which I have calculated as of the date of this letter at your unauthorised overdraft rate of 33.70%. This brings my total to £607.53. I have included in this sum recent charges applied to my account since the date of my first letter.

The account’s Terms and Conditions specify the interest payable on unauthorised drawings from the account. I believe that this applies to unauthorised drawings by yourselves as well as unauthorised drawings by me. I therefore believe that I am entitled to ask for this rate and further that it is justifiable under the principle of mutuality and reciprocity, and is based on your unauthorised overdraft interest rate that would be applied under the terms of the above mentioned account.

 

I am enclosing a copy of the updated schedule of the charges which I am claiming.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

EE, it feels nice to be sending them threatening letters for a change!!!! LOL:D

[SweetRevenge]

ur outrage is well justified:-x I'm spitting feathers at what they've taken off me and BF over the years. Where are you up to? My claims gone up from 548 to 610 in the two week since I sent in my preliminary request - all this interest adds up nicely y'know!

[SweetRevenge]

OHMIGOD I THINK I'VE WON. Sent LBA off 28 Nov and received a letter today from Nicholas Leiberman at RBS, Customer Relations Unit, Forthstone, etc. offering to refund me full amount of £607 to my account. This is without admission, and they are still apparently satisfied that their charges are fair blah blah blah.

 

The letter also warns that should I be unwilling to accept future charges "we may need to consider if we are prepared to continue offering you the flexibility [lol] that you enjoy with your current banking facilities."

 

I'm going to write back accepting offer and restating my right to claim all future unlawful charges as well 'n see how they like that!! I'd like to remind them of any banking code articles they may be breaching if they attempt to close my account etc. - Anyone got a form of words I can use please???

 

MESSAGE TO ALL - IF I CAN DO IT, SO CAN YOU. Donation follows!

[SweetRevenge]

Thanks NWTMM and JJ - wouldn't have even had the bottle to start without encouragement from peeps just like you. I'll write back just as you say - my parachute account is up 'n runnin' - hope RBS are starting to see sense on settling for all!!!

:)

[SweetRevenge]

Cheers Lively, the congratulations are much appreciated.

 

 

 

***Nice Smilies, but a bit risky***

[SweetRevenge]

Sorry Lively I had no idea. Should I take it off my internet toolbar to stop the kids using it?

[SweetRevenge]

Done, and thanks for the tip. Not only a giant amongst bank charge reclaimers, but a bit of a secret techie too? Is there no end to your talents? by the way, the real "interesting" bit will come when I start reclaiming 94 to 2000 - that's when they really whacked me every month!! - so I'm keeping an eye on your thread - GOOD LUCK.

[SweetRevenge]

Thanks Fullyskinted, I'm not about to disappear, there's a claim to go in for me for the six years to 2000, and then we'll start on my boyfriends claims.

 

This is the letter I'm going to post back - we'll see if they take this on the chin and still pay up!!.

 

 

"I refer to your letter of 14 December and I am pleased to accept your offer of £607 to settle my complaint against the Royal Bank of Scotland. However, I am disappointed that you should include conditions in your offer as I remain within my legal rights to reclaim any and all unlawful penalties which may be levied against my accounts with yourselves or elsewhere.

 

 

Should you continue to act in this unlawful manner, I reserve my right to commence further action against RBS. If you then decide that you have to reconsider offering me the ‘flexibility’ I enjoy with my current banking facilities, I shall have to decide whether to continue to bank with you, or vote with my feet and find a financial institution which has learned from its experience of paying out on such claims as mine and decided to operate their charging system within the current applicable law and the rulings of the OFT."

 

 

 

 

HE HE HE :D

[SweetRevenge]

Oh ok Westy, thanks for the advice. You're quite right, just felt like high horsing it for a moment there. We'll see if the threats materialise - and yes my parachute account is open and operating fine!!

 

I'll redraft and post tomorrow. Have to tear the other one up I was so eager to flick some noses!

[SweetRevenge]

Thanks Zoot, that means a lot. I'll do the survey - Happy xmas!

[SweetRevenge]

Thanks Bookie and Bill, it's a great feeling - gives me lots of confidence to start on the rest!

 

By the way Bill, did you really offer me a banana?

Was I by any chance pickled cos I can't remember?

[SweetRevenge]

In addition to bill's advice, if you can dig a 'charges and rates of interest' leaflet out of your old paperwork, this should give you some clues. I just used the most recent one I'd been sent.

 

Bill - what about that banana? lol

[SweetRevenge]

Saucy ape!

[SweetRevenge]

Ok bit shamefaced to admit i ain't had my wonga yet Have I slipped up, or is it just xmas getting in the way? WhatdoIdonow?

HELP please, I'm so depressed!!!

[SweetRevenge]

Thanks zoot, was just umming and erring about the best way of doing this (and how p***ed off to sound) when I checked my balance - and WEYHEY its there. DONATION TO THE SITE NOW INCOMING!!!

 

Thanks to all for support received, wouldn't have had the courage otherwise. :D :D

[SweetRevenge]

Cheers Bill - bananas all round!

 

Isn't that yoooooooooo at Chester Zooooooooooooo?

 

LOL Sweetie x