Thread: Rbs

I'm not sure whether this is the correct place to make this posting. My apologies in advance if I've got either the wrong forum or indeed the subject matter of my posting is not relevant.
In summarising the matter I wish to bring to people's attention, I will indicate at once that there is a personal element that is clear and apparent but is not in dispute.
Around May 2004 I was separated from my now ex-wife. Up to that point we had maintained a joint account with the Royal Bank of Scotland. Factually my wife had never contributed to this account. At this point the account was overdrawn, but in line with the terms of an overdraft agreement. It became clear and obvious that in order to protect my financial situation I should close this account and open a solo account.
I made an appointment with my local branch and asked them to undertake the following; provide me with a personal loan, clear the overdraft on the joint account and close that account. Transfer the overdraft limit (£3000) to my new sole account.
Some weeks later I discovered that they had not closed the account, not transferred the overdraft limit. I also discovered that my wife had made fairly substantial withdrawals. Obviously, this created an overdraft. I contacted the bank and reminded them that I had asked them to close the account, I also gave specific instructions to stop all further payments. Although they confirmed my instructions they apparently failed to implement any of them.
The result of this was that I was jointly liable for an overdraft (then around £2000) despite having attempted to prevent this happening.
My ex-wife's liability and indeed behaviour is not the subject of this posting.
From that point onwards I disputed their claim against me.
Later, as part of my divorce settlement I agreed to liability for the capital of this overdraft.
I informed the bank of this, advising them that I was willing to clear the capital element of this overdraft. I also informed them that I totally disputed all charges and interest on that capital.
The bank's position was; that I remained jointly liable for the debt. Despite my protestations they continually ignored my assertion that they had made either mistakes in allowing the account to continue, or indeed had breached my right to protect myself against financial damages. In fact, they never answered the issue. Their only response was that I was jointly liable.
During a telephone conversation with a member of the bank staff I was in fact informed that I had no right to close the account without my wife's authority. Clearly this would mean that any "partner" to an account would be free to abuse the account beyond the control of any other partner.
I have currently made several offers to the bank to end the matter. On every occasion I have offered to repay the capital, they have rejected this offer time and again.
During this period my sole account has been maintained in credit. My credit record has been substantially damaged. Recently, despite my having considerable funds in this account they "froze" the account. At the time it had considerably more than the disputed amount in it. Naturally, this caused payments to bounce and my debit card was refused in supermarkets. I was effectively prevented from having access to money is far in excess of the disputed amount. Obviously this caused further credit damage and indeed great embarrassment. (Not to mention being unable to pay for petrol and food).
More recently, the bank HAS accepted my offer. Although they continued to send the wrong confirmation letter to me. Actually sending letters suggesting that my Full and final payment is in fact an initial payment.

Peter, dreadful stuff.

Small point, if the account was sole signatory then you COULD close it on your own - only if the account requires two signatories is your ex required to authorise it.


There are a number of issues rising here, firstly the number of charges that have accrued as a result of their error, the damage to your credit file and the personal damage. Ok, so you've paid this money to the RBS, but I would start looking into the possibility of reclaiming some or all of this money from RBS. I would get in contact with the Financial Ombudsman Service. RBS have no right in freezing your sole account and any charges that you accrued as a result of this you would be in a position to reclaim them. I would think they would be very interested in the fact that RBS did this for no reason too.

If it were me, I would be looking to a) have my credit file repaired on the grounds that all charges and history linked to this account was as a result of an administration error on the banks part b) have all charges and fees related to the overdraft on the joint account refunded on the grounds that all charges were accrued as a result of an administration error on the banks part. You may even have grounds to seek refund of the 2grand you have recently paid to RBS on the grounds that RBS should have closed the account by the time your ex used it - not sure but you never know.


Don't leave it at paying off RBS, do some research, get some advice off the helpful peeps around this site and get in touch with the regulatory bodies such as the fos and see what they have to say about it.

I can only agree with T4FF but would add that you should demand off the Bank all the paperwork etc they have concerning your accounts under the CCA thingy - don't have time at the mo to find correct bit - and I would also get your complaint off to the fos as soon as poss so you can reserve a place in the queue, it will be several weeks before they will get round to your complaint, you can always send stuff to be addded to your file if needs be -

our complaints procedure and how to complain

I would also be looking for interest on any sums the bank have misappropriated and finally I would keep any phone contact with the Bank down to a minimum DON'T DO ANY BUSINESS OVER THE PHONE AT ALL unless you have reording facilities and you then must warn them you are recording. This is to keep mistakes on both sides down to a minimum and sometimes things can be said over the phone which you will regret.

I don't get this "freezing" the account thought - sounds weird and may be contravention of Section 7.5 of The Banking Code.

I would also get an S.A.R - (Subject access request) off requesting all your statements, all paperwork held with regards to this joint account, all details on your request to cancel the account, all details on the overdraft and the proceeding request by you to settle it. Details of which you will find in the library section.....