Thread: I want to pursue RBoS - rules for scotland - what are they?

Just write back saying that you'll accept the £101.36 as partial payment towards the full claim amount of the charges altho you may not get back any interest you are claiming.

You should get back all the basic charges - you would have to take them to court to get the interest but most peeeps are happy just to get the charge amounts back, after all strictly speaking according to OFT recommendations, you should only get the residue left of £12 per fee, so if you get all the charges you paid back, you're in effect getting probably more than you would just getting residue of the £12 charge. That's the way I see it.

Just write back as above and hopefully you'll be offered all your money back - I did, within 10 days, altho still waiting for money but should have it this week.

See the link below for rejection letters, LETTER 1 style should suit you, adapt it to your situation and send it to the RBS address on your offer letter - best to mark the envelope "FAO MARK DOUTHWAITE" or whoever sent the offer letter- hopefully you should get your "penalty" charges back, as I explained in Post 2, at least that's my experience and it appears to have happened to other peeps.

Remember you are accepting the £101.36 as a partial payment only toward return of the £240 - and you will not get any interest unless you go to court, and in your case it's hardly worth the hassle for £36.40 which you may not win anyway. At least that's my opinion.

http://www.consumeractiongroup.co.uk...ng-offers.html

Remember the banks are in the wrong, they are more frightened of you than you should be of them and their fancy pants lawyers.

Good luck

[Originally Posted by Yanni
Just write back saying that you'll accept the £101.36 as partial payment towards the full claim amount of the charges altho you may not get back any interest you are claiming.

You should get back all the basic charges - you would have to take them to court to get the interest(agreed, unless you had been claiming contractual) but most peeeps are happy just to get the charge amounts back(are they?), after all strictly speaking according to OFT recommendations, you should only get the residue left of £12 per fee(? that is nonsense, OFT stated ",Where credit card default charges are set at more than £12, the OFT will presume that they are unfair, and is likely to challenge the charge unless there are limited, exceptional business factors in play." No where does it say £12 is a fair charge. so if you get all the charges you paid back, you're in effect getting probably more than you would just getting residue of the £12 charge. That's the way I see it.(im glad we dont all see it your way!)

Just write back as above and hopefully you'll be offered all your money back - I did, within 10 days, altho still waiting for money but should have it this week.]

Originally Posted by stevokenevo

I'm sorry Yanni, but i have never read so much nonsense!!!

Well if we're not allowed to state a valid opinion without it being rubbished then I give up.

I never said OFT thought £12 was fair, in fact it is you yourself has just pointed it out

"Where credit card default charges are set at more than £12, the OFT will presume that they are unfair" (Underlining is mine)


I was only pointing out that ACCORDING to the OFT recommendations, and at present they can only be described as recommendations, getting back the full "penalty" charge, i.e., over and above £12, is a bonus, IN MY OPINION - and I'm sure the majority of peeps are happy just to get full refund of charges without going thru all the hoops and obstacles the banks and their lawyers put in their way, but perhaps you know better.


The alternative is going to court and getting the banks to admit to the real cost of processing "default fees", something they will never do unless dragged in kicking and screamng.


If the highest default fee of Allied Irish Banks plc is 4.40 Euros, just on £3, then either the Irish banks are terribly efficient, Eire is a low wage economy or the UK banks are a bunch of thieving scoundrels.

No prizes for guessing right.

With just 3 letters and 3 emails, I am about to have a £1700+ overdraft written off, with a sum of in excess of £800 on top. I may have been lucky in getting "a result" without a lot of hassle compared to some peeps and I sure most would accept that result.

Only in my opinin of course.



For the benefit of others, here is the OFT statement of May 2006 - the comments in red are mine.

'The OFT now expects [recommends??] all credit card issuers to recalculate their default charges in line with the principles set out in the statement, and to confirm by 31 May their response and willingness to make any necessary adjustments to their fees. Credit card issuers should [are recommended??] treat fee adjustments as a matter or exceptional priority. The OFT also calls [recommends] on banks and other financial businesses to apply the same principles when calculating default charges in other consumer contracts such as bank overdrafts, store card contracts and mortgages where and as appropriate.
'As a provisional step to speed compliance, the OFT has decided that it is appropriate to give priority to addressing default charges which exceed a threshold of £12. This is less than half the figure charged by many credit card issuers at the moment. The OFT's presumption [recommendation??]will be that credit card default charges that are in excess of £12 are unfair, unless there are limited, exceptional factors in play, for example where a card issuer has a policy of requiring customers to pay minimum monthly repayments by direct debits, such as that operated by Egg, and offers credit cards only to customers that satisfy a relatively high scoring requirement.'

Originally Posted by stevokenevo

Yanni, i think you should read a little more, and think a little more before sharing your opinion with anyone else, you clearly have caught the wrong end of the stick.

I am only sharing my own experience in getting back my charges in which I did follow recommemded route altho my complaint against RBS is complicated by an extra grievance I have.

1. Prelim letter asking for refund of charges sent 10 May.
2. Received offer letter from bank for approx 73% of my claim dated 5 June.
3. Sent emails on 7 & 8 June backed up by letter confirming email contents includiing advising would go to fos if not satisfied. My claim is over £1500 so court not feasible in Scotland unless summary causa or whatever.
4. Accepted offer as partial settlement toward full amount by letter sent 9 June.
5. Sent 2 emails to RBS advising them of my complaint to FOS including failure to reach agreement on default charges. (Complaint to FOS sent altho I have since advised them that I have setttled charges complaint)
6. By letter dated 27 June but received 30 June, (mail strike??) RBS offered full amount of claim which I accepted by letter sent 1 July.
7. Only awaiting payment which hopefully be by end of week.

"What i do know, is that it is highly unlikely that any banks credit card companys or other institutions are likely to offer you a FULL refund of your charges without you having to issue a court claim.."


And contrary to your above statement, at no point did I even advise RBS of me going to court (as my claim was/is over £1500), never mind issuing a court claim.

The OP scottyb46 is only asking what he should do now that he has been offered a partial refund, I am only advising him to hold out for full amount by using one of the reject letters, edited to suit his own situation, which is exactly what I did myself and I got a "result" with which I am more than happy.

What route do you recommend he follows?