On 2nd January 2009 I received two bank charges for failed DD payments. I subsequently received a further two charges on 6th and 7th as a result of those of the 2nd. I complained to RBS on the basis 2nd January is a statutory Scottish Bank Holiday (my initial thread) so the DDs shouldn't have been processed, my argument being that I live in Scotland, RBS HQ is in Scotland, my branch is in Scotland, and my 6 closest branches are in Scotland and were all shut for the bank holiday. When I noticed the charges I searched the internet to find that Scottish banks harmonised with England with regards to bank holidays, therefore 2nd January is a bank holiday only by name. I also argued the point that RBS must make customers aware that it isn't a "proper" bank holiday and that in the 29 years i had been on this planet, i was not aware of the harmonisation.

RBS offered to refund two charges. I was not happy with their offer so letter ping pong ensued until the bank said it was their final response. So in April 2009 I went to the FOS. Person 1 at the FOS decided my case merited further investigation so it was sent to an adjudicator. Adjudicator sided with RBS so I said I wasn't happy. After a bit more letter ping pong it was passed to another adjudicator, who still sided with RBS. After more letter it was passed to another adjudicator only to be taken over by his supervisor. He has also sided with RBS.

After almost a year, finally someone at the FOS has told me its not their remit to regulate on the bank holiday issue, which I feel is the basis of my complaint. He feels the core of my complaint is the issue of whether paying money into my account on the day a DD is due will guarantee payment, which RBS T&Cs say they won't (money must be in the working day before), despite never having had a DD fail in these circumstances in the 7 yrs I've had an account with them. I had argued that if I'd known the DDs were being taken on the 2nd, I would've paid cash in at my nearest open branch first thing that morning. I even argued I could've arranged for a faster payment (nearly instant) or RBS-RBS (instant) transfer on the 1st January. He dismissed the faster payment argument saying it was no different than a cash payment.

He says I can have my case passed to an ombudsman if I wish. Is it really worth asking for an ombudsman to look into it? I can't be bothered with the waiting, and wonder if I'm better going down the new charges route and claiming roughly £300 in previous charges too.

What will I do? Who can I complain to about the RBS not informing customers about the Scottish bank non-holiday, the OFT? Will I forget this argument and go for the bigger money with the new bank charges claim direction?