Thread: help please

I'll try to make this short;
I've got 2 accounts with RBS and all was well until I lost my job( can't find it anywhere) then started getting charged so went into bank got charges refunded and cancelled dd's, ok all good so far but it turns out that 1 dd for each account didn't get cancelled(i told them to cancel all of them!) this week i went to check if benefit have gone in (2 months arrears for me n G/F) but 1 account showed £114 o/d other had benefits in less £38 charge,went in bank and asked about them 1 account had been moved(£114 od) so spoke 2 man on phone (banks of course) and he agreed to refund charges,other account had to make appointment to see manager next day.Went next day and explained to him that they'd not cancelled dd's as i asked, then took unlawful charges out of benefits that i'd been means tested for and was the minimum the law says we need to live on and not to pay unlawful charges with, and that as the benefit is for myself and G/F they have took some of her money to pay my debts(showed him evidence to prove this) he said that he'd look into it and see what he could do.next day i took Data Protection Act in and got receipt. Anyway letter came this morning saying the usual that there fair and wotnot offering the £114 back as full n final settlement to ALL claims i might have regarding charges, of course i'll refuse but these where the charges that they'd already agreed to refund on their phone, and in front of a member of their staff,my question is can they go back on a verbal agreement like this?

They can't charge penalty charges but they do, so who can say what they can and can't do. I would suggest that you write the usual preliminary letter but add that you accept the money they have offered as part payment. They may or may not pay it now, but you should get it in the end anyway.

hi I need help with letter to bank most of it's standard fot this site but i've added a bit of my own and borrowed a bit off alanfromderby(sorry i'll give a back later) if i've boobed will you let me know? if it's ok i'll take it in tommorrow

sorry forgot to post the letter(i'm over excited)
Thank you for your letter dated 12 july 2006 and i must say that i'm suprised that you have now applied conditions to the refund that was already agreed with your bank in a telephone call with your bank 06/07/2006.I will not accept any conditions to any refund whatsoever.Having stated that I will accept the offered refund as partial settlement but reserve the right to persue any action I deem appropriate regarding any unlawful penalties levied on my accounts weather new or old.
In your letter you say that you charges are fair, reasonable and transparent,in that case I would like to request certified proof of the actual costs you have incurred due to my admitted breaches of contract, I ask this in the hope that your"fees" and your bank really are as "fair, reasonable, and transparent" as you say you are in your letter.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.
Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.
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 account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.
Your concealment of the true nature of your charges has prevented me from asserting my right until now.
What I require
I calculate that you have taken £114 from my account
I enclose a schedule of the charges which I am claiming with this letter
Additionally if you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.
In addition to full payment of the sum mentioned above, I require that you remove any default you may have entered from the register. Please note that mere correction or amendment to any entry will not be acceptable.

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 to me 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 action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.
After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.
Yours faithfully

BUMP

it look ok to me but could do with someone who knows more to have a look

HELP PLEASE AM I OK TO SEND THIS, I DON'T WANT TO MAKE A BOOB NOw


(bump) sorry

bump

I am rather confused by your posts. Can you post the letter from the bank so that we can see what it says. From what I made out they verbally agreed to repay you, but then made conditions when they wrote. I can't really understand why you are refusing to settle if they are offering the full amount. I think I must be missing the point somewhere.

Their letter said that i've got to stop all my claims against them(DPA'd 3 accounts when they refused to refund £38) AND any future claims i might have, they'd offered refund from different account of £114 but then the local branch manager got involved even though they said that account had been moved to head office and it was them that offered the refund and added these conditions. He's really got my back up by interfearing with this refund and theres no way i'm EVER going to give up my right to claim my money back. today got a letter threatening court action if i don't pay the charges within 7 days, now i know this is just a scare tactic and will tell them that both accounts that are open are in dispute and to stop any threats/action against me,what i'm really asking is, is the above letter ok.

sorry for being confusing but i hate typing

I've now added this paragraph I have also made it plain that I do not want any telephone calls only letters, yet this morning recieved a letter saying that you have been trying to telephone me for several days, so i will say again NO telephone calls ONLY LETTERS, also i would like to inform you that I dispute that I owe any money for the following accounts ******** and ******** and would therefore ask that you stop any actions that you may thinking about, I will send full details of these disputes as soon as your company has complied with my Subject access request under the DPA 1998 dated 10/07/2006.

Originally Posted by HadEnough

sorry for being confusing but i hate typing

Fair enough, but without knowing what has been said it is hard to help.

OK here goes.

The process is quite complex and you need to stick to it as far as possible. I suggest the following:

1.You send one letter which is just the first paragraph of your draft accepting the refund but without the conditions. DO NOT ADMIT BREACH OF CONTRACT. Wait and see if they pay it back.

2.Do a schedule of charges for each account that you want to make a claim for.

3.Prepare a standard Preliminary Request letter. As long as the total is not over £5,000, one letter will do to cover all accounts. Make sure the account numbers are all on the letter. If they pay you the £114.00 do not include this on your letter. If they pay you, do not include it on the prelim letter.

thanx caro it's just a bit confuing have the bank offering me a refund before i've even got a claim together properly, didn't know how to handle it but now i do so thanx again

No probs. Any problems come back and ask. If it gets confusing just look at each issue seperately and think how to handle it, and then on to the next issue. It has to be simple for my simple mind I'm afraid.

COOL thanx for all your help it's nice to know that theres someone else out there that cares

14 days since prelim letter are up tommorrow so just getting lba ready to take in .I'm going for the contractual interest at RBS rate of 29.84, so my claim will be for; £114 + £3.81 =117.81 + daily interest of £0.09 lol.
I know it's not much but it will be interesting to see how they react to this! should help with my main claim when i get the dsar stuff back!
will keep you informed how i get on

quick update, I took my lba into bank today 14 days after prelim, when i got home i'd received a letter of RBS offering me a full refund but i had to give up my right to claim of them again!( same as their first offer) needless to say i won't be accepting. Also in the mail i received statements for 2 accounts, only 16 days after i sent SAR:o amazing. i've not added the changes up yet but i'm in no rush because i want to see their reaction to me claiming contractual interest on this first smaller claim . the way i see it is if they pay the contractual rate on this first claim then they'd have a hard time refusing it on my next claim! LOL
will keep you posted

You could always accept the offer, but they can't prevent you from claiming any further unlawful charges. That would be unlawful and you could not be bound by it. If you want to hold off for the contractual interest then accept the offer as partial payment but make it clear that you will pursue the rest.

Hope that makes sense.

thanks but its too late now, the lba was already sent before the offer arrived. to be honest i want to see this through to the end just to see their reaction to the contractual interest i've added, as my girlfriend is claiming a much larger amount using the contractual interest rate too. Oops! I'm logged on as my girlfriend! sorry if i've confused anyone!

What percentage have you added for cont interest ?

Did you make them aware from day 1 that you were claiming CI?

Hi all,
Martin I claimed the unauthorised borrowing rate of 29.84% it's only a small amount (£3.81 + 9p per day) but every little helps .

I've just wrote this letter in response to theirs,let me know if it's ok?

Thank you for your letter dated 01/08/2006, As I stated in my previuos letter I am not willing to accept your offer of goodwill gesture of £114 as you've once again put conditions on it which would have me signing away my right to ever claim back your unlawfully levied penalties. I'm amazed that you would think anyone would ever do that?
You should now have received my LBA (letter before action) and in it you will note that the amount has been gone up slightly due to interest.
I'll await your response to this in the hope that we can resolve this matter amicably, without having to waste valuable court time
Yours faithfully

I'd really like to put in something like " The conditions you have tried to get me to agree to are unlawful" or something like that? any help would be great