Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
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  1. #1
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    Angry Problems with RBS Re: SAR for PPI details

    I've banked with RBSicon since 1991. Since 2000 I've had 3 loans including my current one - basically I've refinance them. The 2 closed loans had PPI. I sent a SARicon to RBS on 4th March. Since then there have been loads of letters going back and forth and they have provided lots of info - no of which I had asked for or was relevant. Their latest letter says that they cant provide info on the 2 closed loan accounts without the accounts numbers. All my loans have been linked to my current account which I've had for 17 years. I'm now am at a loss of knowing what to do. Should I complain to the Information Commissioner (which could take months) or make a couort claim for an estimated amount for a PPI refund.

    Can anyone advise please - Thanx

    Similar Threads:

  2. #2
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    Default Re: Problems with RBS Re: SAR for PPI details

    Although this site advocates sending S.A.R.S in my experience and please note this is my own opinion, that you never recieve what you are entitled to and information sent is often indecipherable or incomplete and in my opinion a waste of £10 and time, but it is the correct way to do things.

    Send a letter in requesting a refund on whatever grounds you believe you have, when you get close to truth which you will if you percivere they will tell you the full amount.

    Don't give up at the first rejection letter or the second or the third keep at them and you will win unless you do not have good grounds for a refund.

    Lloyds TSB (SARS) request sent 9th June 2006
    £2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267
    MBNA SETTLED IN FULL 15/09/2006 £829
    Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006
    GE MONEY SETTLLED IN FULL £400
    Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350
    Welcome Finance PPI 2 accounts one settled £1018 waiting on other
    GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008
    Lloyds TSB PPI CC complaint sent 10/04/2008
    Black Horse PPI with FOS 20/05/2008
    HFC PPI complaint sent 22/05/2008


  3. #3
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    Default Re: Problems with RBS Re: SAR for PPI details

    Hello rocker1968,

    welcome to the PPIicon forum.

    Be ready for a long haul with RBSicon they do not make life easy on PPI reclaims. I have had much of the same cannot find loan details etc etc.

    If you get a couple of hours see my thread and pick out the bits that may help you to shorten the agony of dealing with RBS.

    alanalana PPI claim against RBS (looking for some help) please

    hope this gives you hope.

    aa


  4. #4
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    Default Re: Problems with RBS Re: SAR for PPI details

    Hello,

    The RBSicon and the nastywest are not very good at proving information if it is going to cost them money.

    Sorry Adamski, but I disagree regarding sending the SARicon. I think it turns up vital information, which could be extremely important, especially when they don't comply

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  5. #5
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    Default Re: Problems with RBS Re: SAR for PPI details

    Fair point, was just saying that in my experience it never helps.

    Lloyds TSB (SARS) request sent 9th June 2006
    £2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267
    MBNA SETTLED IN FULL 15/09/2006 £829
    Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006
    GE MONEY SETTLLED IN FULL £400
    Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350
    Welcome Finance PPI 2 accounts one settled £1018 waiting on other
    GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008
    Lloyds TSB PPI CC complaint sent 10/04/2008
    Black Horse PPI with FOS 20/05/2008
    HFC PPI complaint sent 22/05/2008


  6. #6
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    Default Re: Problems with RBS Re: SAR for PPI details

    Thanks Alanalana - I read your thread with interesticon and great amusement. I see you've been dealing with the infamous Joyce Tudor as well.

    I've decided, as they wont comply to my SAR to claim on an estimated amount.

    I've used one of the template letters (see below). can anyone tell me if they think this is ok to send.

    Thanks

    The Royal Bank of Scotland xxxxxxx
    xxxxxxxx xxxxxx
    xxxxxxxxxxxx xxxxxxx
    xxxxxx
    xxxxxxx
    18th July 2008
    xxxxxxx

    My Ref: xxxxxxx



    Dear Ms xxxx,

    Sort Code: xx-xx-xx
    Current Account Number: xxxxxxxx

    I believe I have been mis-sold a Payment Protection Insurance policy and would like to request a full refund of my premiums, plus interest paid.

    Apart from my current loan with RBS, I have held at least 2 other personal loans with RBS since 2000, both of which had Payment Protection Insurance.


    At the time I was experiencing short-term financial difficulties and I was told by ‘John …’ that the underwriter at RBS would not approve the loan unless I agreed to take out the insurance.

    No claim was ever made under this policy.

    I now realise following the recent OFT and FSA investigations, that you mis-sold me this insurance policy, which I did not want and did not need. I believe I signed up for the insurance under economic duress and that your actions were unconscionable.

    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 loan accounts in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

    Firstly, I understand that at the time I entered into the contract with you, your bank was running an incentive scheme to encourage your employees to sell PPI schemes, as were several other High Street banks.



    I was not aware of this and even if it is untrue, I consider that there was a clear conflict of interest between your fiduciary responsibilities to me and the direct selling by your employees of PPI schemes, given the very large profit margins they generate.

    No attempt was made to ascertain if the product provided was fit for purpose, suitable for my needs or if indeed if I really needed it at all. No inquiry was made as to whether I had preexisting insurance for accident, illness or unemployment. I was not given a copy of the insurance policy nor were any rights to cancel explained. I believe you manifestly failed in your fiduciary responsibilities, your duty of care.

    Secondly, I understand under the Consumer Credit Acts and following a House of Lords judgment that you are not allowed to make a loan conditional on taking PPI unless you include the costs of PPI as part of the charge for credit and not the credit itself.

    You did not do this. You added it to the total for credit and then charged me further interest on the premium on top of the interest for the loan. This is unacceptable.

    Finally I believe insurance contracts are contracts uberrimae fidei (contracts of the utmost good faith) which imposes on you a “duty of disclosure of all material facts because one party is in a strong position to know the truth.” Inter alia, I believe that you should have disclosed to me that the type of policy you sold me, a single payment premium, did not give a pro-rata refund in event of early settlement. I believe you should have made it clear to me that the policy generated large profits for you. You failed to do this. I believe that you have also therefore failed in your duty of disclosure. Your failure to disclose is misrepresentation at common law.


    What I require

    Your concealment of the act of mis-selling has prevented me from asserting my right until now. I believe that there are strong grounds for action against you under common law, statute and consumer regulations.

    As you are aware I wrote to you on 4th March requesting details on all personal loans I have held with RBS. Following extensive correspondence from you regarding my Subject access requesticon you have said that you are unable to provide me with the details that I requested and therefore you have failed to comply with my Subject access requesticon and you are in breach of the Data Protection Act 1998.

    Because of this I have had to estimate the PPI that I have been charged which I have based on the current cost of your PPI schemes.

    I require a full refund of all premiums, which I estimate to be £4500, and subsequent interest on these payments, that I have paid in relation to this policy. I also expect 8% interest to be added to each payment I have made, as this is the statutory amount a court would pay under S69 of the county courticon Act.

    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 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 actionicon giving you a further 14 days in which to reflect. I believe that this time frame is sufficient for a large company such as yours with its dedicated staff and departments. After that, there will be no further communication from me and I shall issue a claim through the courts at the expiry of the second deadline.

    Yours sincerely,


    xxxxxxxxxxxxxxxxxxxxx



  7. #7
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    Default Re: Problems with RBS Re: SAR for PPI details

    Hello rocker,

    Sort Code: xx-xx-xx
    Current Account Number: xxxxxxxx


    I believe I have been mis-sold a (should this not be 3 PPIs) ?Payment Protection Insurance policy and would like to request a full refund of my premiums, plus interest paid.

    Apart from my current loan with RBS, I have held at least 2 other personal loans with RBS since 2000, both of which had Payment Protection Insurance.


    At the time I was experiencing short-term financial difficulties and I was told by ‘John …’ that the underwriter at RBS would not approve the loan unless I agreed to take out the insurance.

    No claim was ever made under this policy.

    I now realise following the recent OFT and FSA (and ICO) investigations, that you mis-sold me this insurance policy, which I did not want and did not need. I believe I signed up for the insurance under economic duress and that your actions were unconscionable.

    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 loan accounts in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

    Firstly, I understand that at the time I entered into the contract with you, your bank was running an incentive scheme to encourage your employees to sell PPI schemes, as were several other High Street banks.

    I was not aware of this and even if it is untrue, I consider that there was a clear conflict of interest between your fiduciary responsibilities to me and the direct selling by your employees of PPI schemes, given the very large profit margins they generate.

    No attempt was made to ascertain if the product provided was fit for purpose, suitable for my needs or if indeed if I really needed it at all. No inquiry was made as to whether I had pre-existing insurance for accident, illness or unemployment. I was not given a copy of the insurance policy nor were any rights to cancel explained. I believe you manifestly failed in your fiduciary responsibilities, your duty of care.

    Secondly, I understand under the Consumer Credit Acts and following a House of Lords judgment that you are not allowed to make a loan conditional on taking PPI unless you include the costs of PPI as part of the charge for credit and not the credit itself.

    You did not do this. You added it to the total for credit and then charged me further interest on the premium on top of the interest for the loan. This is unacceptable.

    Finally I believe insurance contracts are contracts uberrimae fidei (contracts of the utmost good faith) which imposes on you a “duty of disclosure of all material facts because one party is in a strong position to know the truth.” Inter alia, I believe that you should have disclosed to me that the type of policy you sold me, a single payment premium, did not give a pro-rata refund in event of early settlement. I believe you should have made it clear to me that the policy generated large profits for you. You failed to do this. I believe that you have also therefore failed in your duty of disclosure. Your failure to disclose is misrepresentation at common law.

    What I require

    Your concealment of the act of mis-selling has prevented me from asserting my right until now. I believe that there are strong grounds for action against you under common law, statute and consumer regulations.

    As you are aware I wrote to you on 4th March requesting details on all personal loans I have held with RBS. Following extensive correspondence from you regarding my Subject access requesticon you have said that you are unable to provide me with the details that I requested and therefore you have failed to comply with my Subject access requesticon and you are in breach of the Data Protection Act 1998.

    Because of this I have had to estimate the PPI that I have been charged which I have based on the current cost of your PPI schemes.

    I require a full refund of all premiums, which I estimate to be £4500, and subsequent interest on these payments, that I have paid in relation to this policy. I also expect 8% interest to be added to each payment I have made, as this is the statutory amount a court would pay under S69 of the county courticon Act.

    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 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 actionicon giving you a further 14 days in which to reflect. I believe that this time frame is sufficient for a large company such as yours with its dedicated staff and departments. After that, there will be no further communication from me and I shall issue a claim through the courts at the expiry of the second deadline.

    Yours sincerely, (Yours faithfully is more formal)


    You may wish to consider sticking this in somewhere as well as the Competition Commissioner has publicised his preliminary findings on PPI sales.
    Please see this link.....

    Current inquiry by the Competition Commission into PPI PRELIMINARY FINDINGSthis is ongoing......
    http://www.competition-commission.or.../pdf/18-08.pdf

    7. Unfair attachment of PPI with no competition involvement
    I now believe that the single premium PPI policies attached to the loan accounts were both extremely unfair and totally unreasonable and offered me very little, if any protection value whatsoever. Furthermore I believe in light of the preliminary finding by the Competition Commission that the PPI was unfairly attached as there was no opportunity for me to seek competitive Insurance.
    I am therefore requesting a full refund of all costs including all single PPI premiums that have been paid, the interest added to these premiums and the PPI proportion of the direct debiticon payments, that I have paid over the life of the account agreement.


    hope you don't mind my suggestions and good luck
    aa


  8. #8
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    Default Re: Problems with RBS Re: SAR for PPI details

    rocker
    Well put together letter, I recognise a lot of it but I can see you have added much to it.
    Send it!

    In fact in reading it again its fantastic this should subbed and stickied by a mod
    I will send a message and see what they say

    Lloyds TSB (SARS) request sent 9th June 2006
    £2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267
    MBNA SETTLED IN FULL 15/09/2006 £829
    Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006
    GE MONEY SETTLLED IN FULL £400
    Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350
    Welcome Finance PPI 2 accounts one settled £1018 waiting on other
    GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008
    Lloyds TSB PPI CC complaint sent 10/04/2008
    Black Horse PPI with FOS 20/05/2008
    HFC PPI complaint sent 22/05/2008


  9. #9
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    Default Re: Problems with RBS Re: SAR for PPI details

    Thanks guys.

    I sent the letter to RBSicon yesterday by Special Delivery.

    I'll keep you infomred of any response I get and progress I make.

    Take care


  10. #10
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    Default Re: Problems with RBS Re: SAR for PPI details

    hello rocker,

    will watch with interesticon don't hold your breath for a fast response and keep to the 8 week deadline.

    My first claim letter sent 2 June due response by 29 July nothing yet.
    Second claim letter sent 9 June goodwill offer made I am now asking for the interest on top.
    I have already logged a case number on claim 2 in case I get a negative. at least it puts me in the queue with the fosicon to reduce the 6-9 month delay.
    Claim 1 all the correspondence in bundles as is case 2 ready to post the FOS are requesting my complaints are dealt with as 2 due to the difference in timings.

    good luck

    aa


  11. #11
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    Default Re: Problems with RBS Re: SAR for PPI details

    They've already had since 4th March to comply with my SARicon and were playing silly buggers. I'm not going to bother with the fosicon - going to go down the Court route and I've given them the standard 14 days until lbaicon and then another 14 days.

    Good luck with yours!!


  12. #12
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    Default Re: Problems with RBS Re: SAR for PPI details

    Hi Team

    It is a good letter but there is also this to consider:

    Burden of Proof:

    The general rule is that “he who asserts must prove”, i.e., the burden rests with the plaintiff (the party bringing the action).

    The exceptions to this rule include an allegation of frustration where a plaintiff sues for breach of contract. In this situation a defendant would have the legal burden of proving that he was unable to complete the contract due to the fault of another person, or another act eg Fire, theft.

    Evidential Burden:

    This is the burden on a party to adduce enough evidence of an allegation to enable the magistrate or judge to allow the issue to be heard and examined in court (i.e., some evidence supporting the contention other than simply the legal representative coming up with a story off the top of his head).

    This rule mainly refers to the burden on a defendant to put forward evidence of provocation, self defence or alibi etc.

    When enough evidence has been raised, the prosecution would then have to disprove that evidence to the required standard of proof.

    Standard of Proof - Civil cases

    The standard of proof on both parties is proof on the balance of probabilities, i.e., that an allegation is more probable than not.

    I would not estimate claims, you need the "Burden of Proof". Remember you are dealing with the most ferocious companies on the planet here, and they will send along a Barrister to make mincemeat out of you. They have been known to turn up for less than £150 if they know someone has a very weak case. Some have gotten away very lightly on here, because the bank, credit card company has dropped the ball, and they have won by default.

    You could end up paying costs as well. So please do not file against a financial institution unless you can back up your claim with evidence. When you have that, it is very difficult for them to wriggle out of it, don't give them any excuses.

    This is a war, so take no prisoners guys ..


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    Default Re: Problems with RBS Re: SAR for PPI details

    Almost good news!! eventually found out from RBSicon that I only had PPIicon linked to one loan. They obviously cant find any of the original paperwork so they have upheld my complaint - I'm waiting for a calculation to come through from their PPI customer concerns team.

    Does anyone know if they include stat interesticon automatically or do you have to fight for that?

    Another important question I've got is that I have refinanced this loan 3 times since 2004 and because of the PPI ( approx £4k including interest) on the original loan I have been paying extra interest on the refinanced loans. Do I have an argument to claim back the interest that I've paid on this extra £4k on the refinanced loans?

    Thank you and Good Luck!!


  14. #14
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    Default Re: Problems with RBS Re: SAR for PPI details

    Hello rocker,

    Almost good news!! eventually found out from RBSicon that I only had PPIicon linked to one loan. I would question this fact if they have no paper work and you don't they could be fobbing you off on the others loans you mentioned in your first post. They obviously cant find any of the original paperwork so they have upheld my complaint - I'm waiting for a calculation to come through from their PPI customer concerns team. Pleased for you. I bet they offer a goodwill gesture with no admission of liability.

    Does anyone know if they include stat interesticon automatically or do you have to fight for that? From my own experience they offered refund of premiums paid and the interest on those premiums but no stat. I asked for the 8% stat but they turned me down so I banged in a complaint to the fosicon. The bank revised their goodwill gesture after the FOS contacted them. Figure increased by approx 30%.
    So if they say no go to the FOS. This in fact will cost them a fee payable to the FOS for their involvement, you may wish to point that out to them if they refuse the stat interest as well.

    Another important question I've got is that I have refinanced this loan 3 times since 2004 and because of the PPI ( approx £4k including interest) on the original loan I have been paying extra interest on the refinanced loans. Do I have an argument to claim back the interest that I've paid on this extra £4k on the refinanced loans? I do not have an answer on this one as I did not do that. Maybe with hindsight I should have, it's always worth a shout.

    Thank you and Good Luck!!
    I've banked with RBS since 1991. Since 2000 I've had 3 loans including my current one - basically I've refinance them. The 2 closed loans had PPI. I sent a S.A.R - (Subject access requesticon) to RBS on 4th March. Since then there have been loads of letters going back and forth and they have provided lots of info - no of which I had asked for or was relevant. Their latest letter says that they cant provide info on the 2 closed loan accounts without the accounts numbers. All my loans have been linked to my current account which I've had for 17 years. I'm now am at a loss of knowing what to do. Should I complain to the Information Commissioner (which could take months) or make a couort claim for an estimated amount for a PPI refund.
    [/QUOTE]

    One more point if the loans were all linked to your current account they should have records of this account. and going back at least 7 years if not more. (They had records on me back 11 years) From those records they should be able to see the payments made from your current account to the loan account and know how much was paid and when it was paid. From your current account records, the loan account details should be identifiable. In the absence of any paperwork I would take what they are telling you with a pinch of salt.
    Keep at them

    aa


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    Default Re: Problems with RBS Re: SAR for PPI details

    thanks AA.

    Can anyone else help with this??


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    Default Re: Problems with RBS Re: SAR for PPI details

    I’ve just had an offer letter from RBSicon (as a gesture of goodwillicon) and it was nowhere near what I was expecting.

    Here it is in a nutshell

    I took out an unsecured Personal loan for £15k in April 2003.

    The total of the loan + interesticon and the PPIicon + interest was £21246 over 4 years. Monthly repayments were £443.

    The statement is as per this table.


    Withdrawn Paid in Date Balance
    21246.00 30.4.03 21246.00DR
    443.00 30.5.03 20821.00DR
    443.00 30.6.03 20378.00DR
    443.00 30.7.03 19935.00DR
    443.00 1.9.03 19492.00DR
    443.00 3.9.03 19935.00DR
    443.00 11.9.03 19492.00DR
    443.00 30.9.03 19049.00DR
    443.00 30.10.03 18606.00DR
    443.00 3.11.03 19049.00DR
    443.00 1.12.03 18606.00DR
    443.00 3.12.03 19049.00DR
    443.00 30.12.03 18606.00DR
    443.00 2.1.04 19049.00DR
    443.00 30.1.04 18606.00DR
    443.00 1.3.04 18163.00DR
    443.00 30.3.04 17720.00DR
    443.00 30.4.04 17277.00DR
    443.00 1.6.04 16834.00DR
    443.00 3.6.04 17277.00DR
    443.00 30.6.04 16834.00DR
    443.00 2.7.04 17277.00DR
    443.00 30.7.04 16834.00DR
    443.00 31.8.04 16391.00DR
    443.00 30.9.04 15948.00DR
    443.00 1.11.04 15505.00DR
    2317.04 loan rebate 23.11.04
    13187.96 23.11.04 NIL

    I haven’t got the original paperwork and nor (so they say) have RBS. But from the loan statement I have got I have the following information. I received a loan rebate of £2317.04 and the refinance cost £13187.96.

    Anyway, looking at RBS’s current cost of PPI on a £15k loan over 4 years I reckon the ppi part of the loan including the interest was about £4k. I’m also pretty convinced that they didn’t offer pro-rata refunds in 2003/2004.

    Their offer (as a gesture of goodwillicon!) reads as follows:

    ‘The bank is prepared to refund the insurance premiums and interest that you have paid to 23 November 2004. This excludes the amount automatically credited to your loan account of £983.93 when the policy was cancelled. Our calculations show that you have paid a total of £2011.28 for the payment protection element of your loan. To this we have added as requested the statutory interest the Financial Ombudsmanicon Service would grant. This is a gross amount of £710.42 after deducting basic rate tax this is an amount of £568.34. This means our total offer is £2579.62’

    I was expecting an amount closer to £5500 - £6000 including the statutory interest.

    Can anyone help me with this as I’m a bit confused by all the figures and I definitely don’t want RBS to wriggle out of paying the amount that they should pay.


  17. #17
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    Default Re: Problems with RBS Re: SAR for PPI details

    Hello rocker,

    I haven’t got the original paperwork and nor (so they say) have RBSicon. But from the loan statement I have got I have the following information. I received a loan rebate of £2317.04 and the refinance cost £13187.96. And hereby lies the problem you get a loan rebate without any Breakdown to loan rebate or PPI rebate and the refinance is carried on to the next loan. If your PPI loan is a single premium with interesticon added is is highly unlikely that your rebate will include a pro rata rate as the Mis-selling of PPI states that rebates are small or non existant.
    Chances are your refinance of £13187.96 actually would include a fairly large proportion of the PPI and the interest on it and the rebate would no doubt only be on the actual Loan figure.

    Anyway, looking at RBS’s current cost of PPI on a £15k loan over 4 years I reckon the ppi part of the loan including the interest was about £4k. I’m also pretty convinced that they didn’t offer pro-rata refunds in 2003/2004.


    Their offer (as a gesture of goodwill!) reads as follows: This is usual I had the same but went to the fosicon My offer excluded 8% Statutory and the FOS managed to get that added. However I would suggest the FOS is the way to go with a complaint. The offer is a goodwill gesture without any admission of liability and lets them off the hook.

    The FOS would look at your case and you may get an increase in your offer. You can then accept or go to the Ombudsman for a decision.


    ‘The bank is prepared to refund the insurance premiums and interest that you have paid to 23 November 2004. This excludes the amount automatically credited to your loan account of £983.93 when the policy was cancelled. (when did you cancel? and was there a breakdown of loan and PPI?) Not a lot of refund but the FOS would be better placed to make a decision. Our calculations show that you have paid a total of £2011.28 for the payment protection element of your loan. To this we have added as requested the statutory interest the Financial Ombudsman Service would grant. How would they know what the Ombudsman would grant? They are watching this PPI forum seeing the results already in and adjusting their responses to stop any more FOS fees at £450 per complaint. This is a gross amount of £710.42 after deducting basic rate tax this is an amount of £568.34. Coincidence they deducted the tax from my settlement as well. This means our total offer is £2579.62’

    I was expecting an amount closer to £5500 - £6000 including the statutory interest.

    Can anyone help me with this as I’m a bit confused by all the figures and I definitely don’t want RBS to wriggle out of paying the amount that they should pay. FOS with a complaint and it works fairly fast if they have made a goodwill gesture. If the offer is not increased and you opt for the Ombudsman it could add months on to the settlement date.

    Only you can make the call.

    I know for certain my outstanding claim will not be accepted if it is a goodwill gesture unless it is more than or very close to my original claim
    Good luck with whichever way you go

    aa


    I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.
    ------------------------------------------------
    Bank charge successes:
    Halifax - Full settlement incl interest.
    HSBC - Settlement, goodwill no admission of liability about 75% of claim.
    RBS - Settlement, goodwill no admission of liability about 70% of claim.
    2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
    PPI Successes
    PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
    2 claims settled in full with LV without FOS involvement.
    2 claims settled in full with HSBC without FOS involvement

    PPI Claims ongoing with:
    Cap one Now with the FOS
    Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
    LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    Please do not PM me for advice as it may be sometime before I can respond.

    Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

  18. #18
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    Default Re: Problems with RBS Re: SAR for PPI details

    Thanks AA.

    I'm going to ask RBSicon to provide the original details onthe loan. ie apr on loan, amount of PPIicon and apr on ppi and rebate figures. This in info that I have requested on numberous occasions in the past dating back to 4th March.

    Does anyone know if RBS offered prorata refunds on ppi in 2003/2004 and also can they deduct base rate tax from the statutory interesticon part of the refund?


  19. #19
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    Default Re: Problems with RBS Re: SAR for PPI details

    This is the first time I've seen any mention of anyone deducting base rate tax from the statutory interesticon part of the refund - either with regard to mis-sold PPIicon or bank charges.

    Admittedly, I'm no expert but it smells distinctly fishy to me. Isn't the idea of the statutory interest a court or the fosicon might award to return you to something like the position you might have been in if the bank hadn't deprived you of your money? How is that going to occur if they start making deductions for tax?

    And, more to the point, if this is legitimate then why weren't the courts deducting base rate tax when they awarded s.69 interest?!

    I suggest you PM a site helper and ask them to take a look at this thread. Then if, as seems likely, it transpires RBSicon are taking the proverbial, I wouldn't hesitate to contact every media organisation out there. In the current climate, I'm sure they'd be very interested in this kind of story.

    Fred_Funk

    NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

  20. #20
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    Default Re: Problems with RBS Re: SAR for PPI details

    Quote Originally Posted by Fred_Funk View Post
    This is the first time I've seen any mention of anyone deducting base rate tax from the statutory interesticon part of the refund - either with regard to mis-sold PPIicon or bank charges.

    Admittedly, I'm no expert but it smells distinctly fishy to me. Isn't the idea of the statutory interest a court or the fosicon might award to return you to something like the position you might have been in if the bank hadn't deprived you of your money? How is that going to occur if they start making deductions for tax?

    And, more to the point, if this is legitimate then why weren't the courts deducting base rate tax when they awarded s.69 interest?!

    I suggest you PM a site helper and ask them to take a look at this thread. Then if, as seems likely, it transpires RBSicon are taking the proverbial, I wouldn't hesitate to contact every media organisation out there. In the current climate, I'm sure they'd be very interested in this kind of story.

    Fred_Funk
    Thanks Fred,

    How do I private message a site helper?



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