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.
I have a loan with RBS and have paid it for the last few years without fail, recently I fell into difficulty and cancelled the direct debit (well all my DD's in my current account) until I could afford to pay them, hence avoiding any unfair bank charges!
Now as some people will know I made a PPI claim agaisnt RBS and won, and they paid some money into my loan and then the rest into my current account I hold with them!
My current account is up to the overdraft limit so I have been doing my best to not go over and avoid any charges! However, I am in the process of putting together unfair bank charges claim as because of them charging me I am in a circle every month, I pay it off but because THEY took me overdrawn with their £28 charge they go and charge me again the month after!!
I checked my bank account two days ago and noticed a charge of £38 as you can imagine I was rather confused, I continued to look at my online statement and to my horror I noticed S/O as you all know this means standing order, when I looked at my standing orders I was horrified to see that it was my loan payments.
They have gone ahead and set up a standing order without my knowledge and because there was not enough money in the account when it became due a couple of days ago they have had the bear faced cheek to charge me £38!!!!!!!
I am livid, surely they are not allowed to set anything up without my knowledge?????
I telephoned them this morning, as expected got absolutley nowhere when I demanded they refund the £38 charge for bouncing a S/O I had no knowledge has even been set up, they are claiming that I gave them permission to do so when I signed up for the loan over two years ago.
Flatley refused to refund, I got mad, conversation ended with the idiot putting the phone down on me because I became angry! umm wonder why that is!!!!
Me and OH hate these people, we are in a similar position to you and the bank did knaff all about the charges. Typical example We also have a personal loan with them but at the end of November we had six direct debits and loan, on checking our online statement the loan was last in line to be paid that day, what did they do, took the loan repayment and refused all six direct debits which we did have the money for, we only had a shortfall of £28 (yes their charge from the previous month) so instead of paying say 5 of the direct debits and refusing one they refused all six because according to them the personal loan has preferential treatment to anything else.
It is just a vicious circle we cannot afford to pay back the £188 immediately and the direct debits were called for again and yes the bank refused another £188.
We wrote to them asking for a refund to be told "we consider the charges fair", hopefully after 29th January the charges will be considered unfair. I suspect they didn't refund as they know there is a letter on file asking for our 6 years charges back. So hopefully when they lose they will be refunding £376 in charges in the last two months together with the £4300 over the last 6 years, cant wait.
Hazyeyes, just had another thought, ask them for a copy of the standing order. I would have assumed it should have been a direct debit, a standing order is where you ask the bank to set it up.
Get a parachute account pdq hazyeyes, for your regular income etc. to be paid into. Most high street banks will let you have a basic account (i.e. no cheques, o/d facilities etc). Then notify RBS to stop all SOs & DDs from that account, & leave it with just the 'authorised' overdraft in place. (Also cancel all current payment arrangements on your loan & set up a SO with new bank for these) If RBS then try to take any further payments, there will be nothing available & you can, in due course, reclaim all the charges unlawfully applied to that account. Of course, they will credit these against your o/d in any case.
You must however deposit sufficient each month to pay the interest on the overdraft to stay within your permitted limit & it is possible that at some stage they will withdraw your o/d facility if you are not paying anything off it on a regular basis so a token monthly payment to reduce it might be a good idea.
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
I have to agree a S/O is usually something that the customer sets up thats why I was taken by complete suprise when I saw it! Although they gave the excuse on the phone that basically they can do what they like!
As for the loan, its only 3 days overdue this month, and I am settling this in the next few weeks anyway, they have a valid CCA so I am just doing an early settlement..
Foolishgirl, I already have my income going into another bank account, nothing has been running on the RBS account for the last 3 months, their charges keep taking me over the agreeded overdraft limit, the interest on it I am very happy to pay but I refuse to pay the charges and they won't accept any payments to the account unless I clear the whole debt which I did last month, however with this months charges its taken it £60 over the agreed limit! £28 charge and £38 charge for the unpaid S/O they set up without my knowledge!
So in effect I cannot keep it within the agrreed overdraft limit without paying off their outrageous charges, if I do pay them they will just charge me again next month for going over the agrreed limit and I am back to square one!
I have to agree a S/O is usually something that the customer sets up thats why I was taken by complete suprise when I saw it! Although they gave the excuse on the phone that basically they can do what they like!
Suspect it's prob. a D/D that you've forgotten you gave them permission for.
... and they won't accept any payments to the account unless I clear the whole debt
What?!! They can't do that! Suggest you complain in writing immediately with a report to fos. Have they not heard of Banking Code not to mention statutory CPUTR 2008?
FG
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
It was in fact a standing order not a direct debit, I did give them permission for the DD when I set up the loan as that always happens regardless but I gave them no permission to set up a standing order which has resulted in almost a 40 quid charge!
As for the other all they keep saying is you have to get your account under the overdraft limit which would involve paying their fees and I am not preparded to do that, will pay the interest thats it!
however with this months charges its taken it £60 over the agreed limit! £28 charge and £38 charge for the unpaid S/O they set up without my knowledge!
So in effect I cannot keep it within the agrreed overdraft limit without paying off their outrageous charges, if I do pay them they will just charge me again next month for going over the agrreed limit and I am back to square one!
Hazeyes I cant help feel sorry for you as I am in the same position. If you dont get your overlimit under the overdraft limit before the next charging period they will hammer you again.
Isn't it disgraceful that these parasites, having f*cked up their own finances, come and fleece their customers who can least afford it, take the same people's taxes to bail them out and use it to bolster their capital assets instead of putting it back into the economy that they have f*ucked up.
Roll on anarchy
Hey Hazyeyes, just want to lend my support - they have put my partner in almost the same position, except they just flatly refuse to cancel the DD. Setting up their own standing order is ridiculous!
They tried the 'oh, it was in the terms of your agreement when you signed' crap too, so he requested this agreement and the forged attempt he got through had no such term. They are getting really agressive at getting money in now.
BTW, I had a call from them at 9am this morning (SUNDAY) because for the first time I missed a loan payment . When I asked about it being a Sunday she aid they are now open 7 days a week and will be collecting while they are open. She also siad (lol) that she hadn't been told about any OFT guidelines etc.
Untrained monkeys now being told to hound folk 7 days a week. Good luck.
Dipply75
I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat!
They are totally unbelieveable, they set the STANDING ORDER up AGAIN without telling me and bounced it AGAIN!
They have also sent me a letter to inform of default on my account, of which they have charged me £30, is this right I have never been charged for a default before!
Anyway I have sent in a S.A.R because the debt has risen to almost £1000 from £700 in about 3 months because of their ridiculous charges!
I am in a position to pay them at the moment, but I am unwilling to pay their charges so once I get the details back I will be offering them a payment in full minus ALL charges.
I had exactly the same thing done to me by RBS, I cancelled my D/D as I am paid 4 weekly and in my current circumstances was finding it difficult to ensure I had funds available on their D/D day. They also just proceeded to set up a standing order which I am unauthorised to amend or cancel.
They won't allow me to make 13 payments per year on my payday so that I don't fall into arrears. They'd rather charge me and have me in arrears than accept a compromise of an additional payment per year. M&S have been quite fexible and have allowed me to make 13 payments by standing order and even offered to refund the 13th if I wanted this.
RBS are they even allowed to do this?
and have paid it for the last few years without fail, recently I fell into difficulty and cancelled the direct debit
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Originally Posted by hazyeyes
What?!! They can't do that! Suggest you complain in writing immediately with a report to 
