rae may **WON**

[isidore]

No probs

 

Found it using this

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

[Mamie]

sent letters 10/5/07 special delivery 1 to R.B.S Telford and 1 to local branch the 1 to Telford stating the account was in dispute and they were not to send it on to D.C.A and the 1 to the local branch the same but to inform all the branches that the account was in dispute.

received a letter this morning saying if my son didnt get in touch within the next 7 days his debt would be sent to D.C.A phoned them and told her to stop ignoring the letters and that as the 8 week period was nearly up from the F.O.S they could at least wait till then she replied that they have not heard from the F.O.S. I told her that was because it was sent to the Gyle branch and that the account is in dispute and I would ask her to take this on board she ignored all this.

so what do I do now.

[Mamie]

B.u.mp

[Bigmac versus]

Ok be right back.

[Bigmac versus]

Ok you have notified the bank of the situation and they really do seem to be messing you/your son about.

As you have wrote to them on this issue i dont see writing back to them would help i would contact the FOS again in regards to this telling them everything that has happened.

Be aware that although you will get the charges back you must pay the balance that belongs to the royalty side (you can dispute this at a later stage) the reason for this is that if they pass to a DCA then they will no doubt default your son, this should be avoided where possible.

If they do default for the charges only it will be easier to remove that default if the amount in question is made up entirely of charges and not including fees. (Royalty account)

Email below is a consultant within the FOS and she will return your email.

Good luck and let us know how you get on.

 

rachel.scott@financial-ombudsman.org.uk

[Mamie]

Thanks Bigmac I will be sending the form back to the F.O.S end of the week I will let them have all correspondence I have had with R.B.S.

 

I was just worried that it was so near the end of the 8 week period and she only gave him 7 days to reply to her letter, could she not hold of till then.

 

As you can see post 17 was when I got the letter and I thought maybe someone would have gave me a letter to write or advise me what to do.

 

I will keep you informed should know by the end of the week now hopefully as my other 2 sons got theirs settled at the end of the 8 week period and if I get anymore letters I will use the e mail you gave me.

 

Thanks For Your Help

[Mamie]

got a letter from the bank with an offer of £789 dont know were they got this from gothis statement through and he had paid a few £10 charges I will try to explain this best I can

 

opened R21 account apr 01 age 16 run this ok as he worked and only had about 2 charges that he paid. Then in aug 05 he was getting benefits in jan o6 he went into £1 85 od they started to take the £10 of his benefits and left him £6 65 in credit. He missed an appointment and his money was stopped so there was no money going into the account they then put a £10 charge so that put him £9 34dr. This continued till he was £40 19dr in june 06 they changed it to a royalties account and then started charging him, £42 and int 0.91 then £28 and int £1.54 then £34 and int £2 94 and so on tillit was £413.94dr.

 

First is there anything I can do about them changing his account with no money going in or will he just be able to get the charges taking off and still have to pay the interest and the £6 because its a royalties account.

 

Secondly I wrote all the relevent letters as above to the branch in Telford, obviously ignored them sent me bank statements this morning free of charge ( wasted SAR and £10 ) asking my son to outline all the charges he was claiming back. (so now working with 2 departments )

and although the account is in dispute they have added £8 13 int Bal now £422. 07dr

 

I hope this is explained enough for someone to help me please.

[Mamie]

BUMP

 

anyone please

[Mamie]

Bump

[Bigmac versus]

got a letter from the bank with an offer of £789 dont know were they got this from gothis statement through and he had paid a few £10 charges I will try to explain this best I can

 

 

Does this amount add up to the charges on the statements or at least cover the charges, if so then accept and settle the balance.

 

opened R21 account apr 01 age 16 run this ok as he worked and only had about 2 charges that he paid. Then in aug 05 he was getting benefits in jan o6 he went into £1 85 od they started to take the £10 of his benefits and left him £6 65 in credit. He missed an appointment and his money was stopped so there was no money going into the account they then put a £10 charge so that put him £9 34dr.

 

£10 charge what for? he was in credit, was there a S/O or D/D missed?

 

This continued till he was £40 19dr in june 06

 

So from Jan to June this amount was made up of what?

EXAMPLE: £20 CHARGES £20 INTEREST

 

They changed it to a royalties account and then started charging him, £42 and int 0.91 then £28 and int £1.54 then £34 and int £2 94 and so on till it was £413.94dr.

 

Sounds like they changed the account so they could charge more for returned D/D or S/O, assuming your son didnt request this change and as it obviuosly didnt help him why would he? Get in touch with the bank asking for proof of accepting Royalty account as in Application Form with sons signature.

 

 

First is there anything I can do about them changing his account with no money going in or will he just be able to get the charges taking off and still have to pay the interest and the £6 because its a royalties account.

 

The interest was charged because of the penalties so these would be claimed back also.

The £6 FEE cant be reclaimed as it is a service, that is the case UNLESS your son NEVER requested it.

Secondly I wrote all the relevent letters as above to the branch in Telford, obviously ignored them sent me bank statements this morning free of charge ( wasted S.A.R - (Subject Access Request) and £10 ) asking my son to outline all the charges he was claiming back. (so now working with 2 departments )

and although the account is in dispute they have added £8 13 int Bal now £422. 07dr

 

I hope this is explained enough for someone to help me please.

 

What i suggest you do is to add up all the charges your son has on his account within the last 6 years, including interest that has been added ONLY when your son didnt have an Overdraft at that time.

If the offer is the same as what you have added up then problem solved, by the way i have read this there may be more offered than you worked out, this may even cover the disputed £6 fees for the Royalty account.

This will put an end to the matter for you\your son.

[Mamie]

Hi Bigmac, and thank you once again dont know how to answer the way you have, tried to copy and paste but it said it would save it to my desk top anyway here goes try to answer best I can.

 

First question no it does not add up to £789

 

second no did not have any S/O or D/D

 

third R21ac mar 06 £10 charge made him £9 34 O/D £10 chg £19 34 O/D £10 chg int 30p £29 64 O/D royalties £10 chg int 55p £40 19 O/D £5 chg int 82p £46 01 O/D £42 chg int 91p £89 85 O/D £28.chg int £1 54 and so on till it reached £413 94

 

he had no D/D or S/O he was not even in touch with them to sign anything

 

 

Could you clarify the interest bit if it was charged with the penalties is it claimable the only other interest is when his wages were going in

 

sorry if I appear stupid

[Bigmac versus]

say you have a £400 overdraft then every month you will be charged interest for the amount you are into. THAT IS OK

 

Say a D/D is unpaid and you go over the Overdraft £427.00 so they return the D/D and the balance goes back to £400 then charge you £35.00 so the balance is £435.00 well the interest you will be charged will include some on the £35 charge, that is reclaimable but not the interest on the agreed overdraft.

 

 

Ok i can see the fees for royalty or other account that has advantages but cant understand the other charges of £42 and £28 and so on as these amounts appear to me like default charges.

 

Does the offer made cover all the charges on the statements and the present balance so it can be cleared, if so accept if not refuse.

[Mamie]

sorry should have said at the very start my son has never had an agreed overdraft he had just went £1 85 overdrawn on his account ie when it was the R21 account they charged him £10 no interest when they changed it to royalties the chardge varied £28 £42 £34 mostly £34 interest started at 30p went up as in 30p 55p 82p 91p £1 54p £2 94p till £7 88

 

The interest was listed seperate ie

int to 31st aug £1 54

charge to 31st aug £28 00

 

will go over all his statements again to recheck them I am just hoping the account can be cleared but if I cant claim the £6 I think I will have a fight with them as they changed his account

 

Thanks again for all your help

[Mamie]

Hi Bigmac checked all the statements he has paid £70 in charges so the £413 94 are all the charges that he has not paid as there was no money going into the account so I dont know why they offered him £789.

[Bigmac versus]

Well this could include settling the account and repaying all those fees, if it does accept.

[Mamie]

Sent Sandy Watt an e mail 7th june didn`t answer me till yesterday still offering £798 but they cant deal with it as the account is under the supervision C.M.S. therefore I have to inform them of the offer.

 

I posted the letter this morning giving them 7 days to resolve this or all correspondence will be fowarded to the F.O.S.

[Mamie]

Hi, got this letter this morning has anyone else had one don`t think I have seen it on the site.

Dear mr xxxxx

 

DATA PROTECTION ACT 1998

 

Thank you for requesting copy statements held by bank

 

Any information that is required to be provided to you under Section 7 of the Data Protection Act will be forwarded to you at the above address as soon as possible.

 

In the meantime we acknowledge receipt of the payment for £10 in respect of the fee.

 

With reference to your request concerning any "manual intervention" to the administrative charges debited, these charges have been processed in accordance with the terms and conditions of our current agreement with you as a result of the activity on your account. In the event that you breach the terms and conditions, we will take the appropriate action, contacting customers when appropriate,or handling customer inquiries regarding their account status. When a customer has raised a concern in relation to this process,the decision will be communicated to the customer and where noted on the account.

 

If you have any queries relating to this matter please do not hesitate to contact me at the address shown above.

 

Yours Sincerely

 

 

Sorry if its been posted before

[rory32]

I got exactly the same fob off letter. You need to report them to the ICO once the 40 days are up and send them a LBA. If they don't respond favourably (which they won't) file at court for non compliance.

[Mamie]

I`ve already got my statements plus the C.M.S. sent me my them again free, they have also gave me an offer that is more than my son is claiming. (in post 41) Just found it strange.

 

Thanks Rory

[rory32]

The reason for asking for manual intervention is you want to find out if they have placed a default on your son's credit file. If you know that they haven't then I guess it's not that important.

[Mamie]

I dont think they have although the account is closed to him it is still open in the Customer Management Service of the bank.

[rory32]

You may want to make it part of your acceptance that any adverse entries on his credit file are removed (please note not repaired, removed).

[Mamie]

Thanks Rory I will

[Mamie]

Hi all, just an update, sent all correspondence to the FOS yesterday, after accepting offer RBS sent two letters, saying I would have a full response or update within 10 days, silly me waited the first 10 days.

 

rae may

[Mamie]

Just an update

 

CMS phoned this morning saying the hold up on the issue was my son had not accepted his offer, that once he did, any monies due would be deducted and the remainder sent by cheque.

 

Letter sent this afternoon RD.

 

raemay