Thread: spannaman vs RBS

Hello all,

Amazing to see such great advice and stories of success on here.
I've been checking the forum for a few months now & started my own claim a while ago.

I got as far as sending the two letters to the bank, requesting the amount of charges I was claiming back. 14 days after they'd not replied to the 2nd letter I was due to start the online moneyclaim process, however I didn't get round to it as was getting ready for my holiday. Upon my return I forgot all about it until a few days ago. Doh

What I'd like to know from any experts please is am I still ok to go ahead with the moneyclaim after this delay of several weeks? The problem being that it will now be more than 6 years since some of the charges I am claiming for were applied.

Edit: I have been searching the site for an answer to this but haven't managed to find anything covering this scenario.

I don't profess to be an expert, but I would say you can still go ahead with your claim. It may be wise to write to the bank again just to remind them of your intentions, then you can go ahead with it in the knowledge you have given them prior warning.

I think you may have to amend the original claim to take out the charges that are more than 6 years ago. You could put your amended claim schedule in your warning letter..... say something like

'I last wrote to you on xx.xx.xx requesting the refund of charges you have levied on my account which I now believe to be unlawful. I would point out that the original 14 day period I defined for resolution of this matter has now ended without satisfactory conclusion. As such please consider this notice that I am now beginning court proceedings against you for the full amount of £xxxx plus 8% interest at £xxxx plus costs. Please find enclosed my amended schedule of charges which reflects this.'

I hope this helps. Good luck

Personally I would just submit your claim now and not worry about those few charges that dropped off the end. If you think about it that would of happened to lots of people that have gone through this process, however it doesn't seem to make a difference.

You have given then sufficiant time to settle and they haven't, so there is no point writing to them again.

File with moneyclaim today. If the bank want to contest a couple of old charges they will, however it is very unlikely.

Actually, I may have better news. If you used the templates (or at least somethin akin to them), you will have already given notice to the bank that you would be seeking a full refund of these charges. I believe the date of your SAR will be where you can go back 6 years from.

Thats what I think, although I will no doubt be corrected if anyone knows better.

Hope this helps.

J