Query. . .

[loopylu]

Hi guys, pretty new to all this but sent my Data Protection Act disclosure request off on tuesday . .

Just looking for some advice really . . .

I had rbs account which I used my cheque book without sufficient funds in my account. I think I had about £700-£800 in total off the bank, but ended up having to get a £3000 loan to pay them off. I asked them if they could freeze the interest on the account while I got the money sorted out to pay them back but they refused. The loan is not with RBS but with LLoyds - I wondered if I can claim the interest back on the loan as I wouldn't have had to get it if RBS hadn't charged me around £2,000 in fees? What do you think is the best angle to approach it from if I do go ahead and claim the interest back? Any ideas/advice out there?

- also when I did get the loan sorted and paid them the advisor on the end of the phone asked me "Would you like me to take the interest in this payment that will be applied to your accout next month?" - I said yes as just wanted to get it sorted. They didn't take that money from my account so I withdrew it and paid it in somewhere else so they couldn't get their filthy mits on it. . . but are they allowed to charge me additional interest when I'm paying off the debt to them? (this interest charge was applied to my account about 3 weeks after i withdrew the balance - hence sending me into the red on which I have subsequently been charged . . . you've got to admire their style when they call you and ask why you're overdrawn)

Also to say thank you, it is rare to find people who just want to help us get our money back! Cheers guys.


Lulu

[jonni2bad]

I don't know this for certain, but I would think it very unlikely that you could make a claim for the interest on the loan - this was obviously taken out to pay off the initial overdraft plus charges, but you were not forced to do so.

You say you have been charged around £2000 in fees... what do you mean by fees?

I also got a little confused with the last paragraph. Could you explain this in greater details please?

[loopylu]

sorry, by fees I mean "card misuse" charges, overdraft interest and referral fees

The last paragraph - is it legal for them to apply interest to the account after i've paid the money off and asked them to freeze the interest?

I received letters from the bank saying unless full and final payment was made on my account within 7 days then the matter would be passed to the police as they considered it Fraud - I had to get the loan or else face a fraud charge. I think that was a hell of threat for them to give me, I felt threatened by it and had to get a loan.

[jonni2bad]

This sounds like it could be more complicated than it first appeard...:o

Certainly as far as those charges are concerned you will have a valid claim, so you should request you charges info under the Data Protection Act (as per our templated letter) especially since this includes the request to divulge any manual intervention.

You are not obliged to show details of the problems you had with this account, as it certainly sounds quite personal, but if you want to then that's fine.

Did you take any legal advice when the bank mentioned the word fraud?

[loopylu]

no, just got the loan sorted and paid it - don't want a criminal record over £3000! just not worth it!

[jonni2bad]

OK, then let's concentrate on what you can do....

Read through the FAQ section - in detail - which includes case guidance notes and a step by step guide.

When you have done this, start the ball rolling by issuing a request for your information under the Data Protection Act, making sure that you include the £10 fee.

Use the template letter.

When you have this information back, possibly just in the form of statements if that is what they decide to send you, then total the charges up and issue the Prelim Letter asking for it to be refunded.

Let us know what stage you are at so that we can keep up to date on events.

John

[loopylu]

I have already sent the Data Protection Act letter, I do actually have all my satements for the last three years anyway, so don't really need them but would like the details of manual intervention anyway - sent this on tuesday with the correct fee - so I know what I want from them, but thought would send DPA request anyway so they know what I'm planning. - will definately keep you posted - it is cruel how they make millions from the most impoverished people every year.