I have an outstanding complaint with RBS about my charges, which was stayed pending the Supreme Court case. Unfortunately, being an idiot, I've chucked out a load of correspondence from the past few years in which RBS represent their charges as being proportionate to the amount it cost them in administrative fees. I do have a letter from them after the court case in which they state that "We do not believe that there is any other legal basis on which the level of these charges can be challenged", and also that "the outcome of the legal proceedings confirms our position".

This is clearly contradictory to the third sentence of the judgement: " “It is therefore appropriate to spell out at the outset that the Court does not have the task of deciding whether the system of charging personal current account customers adopted by United Kingdom banks is fair.”

I have searched both here and elsewhere for a copy of the older RBS terms and conditions, which represent the charges as being to cover their costs, but I've not had any luck. Does anyone here happen to have a copy they could PM or email me? Or would bluffing them by quoting the letter I have, and implying I have T&C's or correspondence in which they state their charges are to cover costs, have a chance of success?

Any advice gratefully received

Don't bother to bluff. It won't get you anywhere.

You have probably binned the only evidence which will help you.

£10 and a Dsar request might uncover the letters they previously sent you.

It does seem that bank charges are alot harder to reclaim now though and it is more a case of not paying and waiting for them to take you to court rather than risk been the claimant and having the burden of proof on you.

In the meantime your credit rating gets trashed so you have to think long and hard wether this is worthwhile however unfair.