I am really sorry but I've looked everso hard and can't find the rules! I am in England, so what are the options to pursue Royal Bank Of Scotland credit card company. I cannot use Moneyclaim as RBoS's address is Edinburgh, so what do I do? Can I do it by post or online up to a sherriff's court in Scotland or do I have to turn up there? Or can I go through my local English county court? I cannot find a sticky thread anywhere to tell me, so when this is clear can a mod put up a link for slow moonfaces like me please?

many thanks

Scotty

PS it's for £240 plus £36.40 statutory interest, and I have a rejected their offer of £101.36p (where the 36p is from I have no idea).

Just write back saying that you'll accept the £101.36 as partial payment towards the full claim amount of the charges altho you may not get back any interest you are claiming.

You should get back all the basic charges - you would have to take them to court to get the interest but most peeeps are happy just to get the charge amounts back, after all strictly speaking according to OFT recommendations, you should only get the residue left of £12 per fee, so if you get all the charges you paid back, you're in effect getting probably more than you would just getting residue of the £12 charge. That's the way I see it.

Just write back as above and hopefully you'll be offered all your money back - I did, within 10 days, altho still waiting for money but should have it this week.

Are they just paying up all their charges then? Do I just need to send an offer rejection lette that accepts partial payment?

See the link below for rejection letters, LETTER 1 style should suit you, adapt it to your situation and send it to the RBS address on your offer letter - best to mark the envelope "FAO MARK DOUTHWAITE" or whoever sent the offer letter- hopefully you should get your "penalty" charges back, as I explained in Post 2, at least that's my experience and it appears to have happened to other peeps.

Remember you are accepting the £101.36 as a partial payment only toward return of the £240 - and you will not get any interest unless you go to court, and in your case it's hardly worth the hassle for £36.40 which you may not win anyway. At least that's my opinion.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

Remember the banks are in the wrong, they are more frightened of you than you should be of them and their fancy pants lawyers.

Good luck:)

Just write back saying that you'll accept the £101.36 as partial payment towards the full claim amount of the charges altho you may not get back any interest you are claiming.

 

You should get back all the basic charges - you would have to take them to court to get the interest(agreed, unless you had been claiming contractual) but most peeeps are happy just to get the charge amounts back(are they?), after all strictly speaking according to OFT recommendations, you should only get the residue left of £12 per fee(? that is nonsense, OFT stated ",Where credit card default charges are set at more than £12, the OFT will presume that they are unfair, and is likely to challenge the charge unless there are limited, exceptional business factors in play." No where does it say £12 is a fair charge. so if you get all the charges you paid back, you're in effect getting probably more than you would just getting residue of the £12 charge. That's the way I see it.(im glad we dont all see it your way!)

 

Just write back as above and hopefully you'll be offered all your money back - I did, within 10 days, altho still waiting for money but should have it this week.

I'm sorry Yanni, but i have never read so much nonsense!!!

I am really sorry but I've looked everso hard and can't find the rules! I am in England, so what are the options to pursue Royal Bank Of Scotland credit card company. I cannot use Moneyclaim as RBoS's address is Edinburgh, so what do I do? Can I do it by post or online up to a sherriff's court in Scotland or do I have to turn up there? Or can I go through my local English county court? I cannot find a sticky thread anywhere to tell me, so when this is clear can a mod put up a link for slow moonfaces like me please?

 

many thanks

Scotty

 

PS it's for £240 plus £36.40 statutory interest, and I have a rejected their offer of £101.36p (where the 36p is from I have no idea).

Are you saying MCOL will not accept your claim when you try to lodge it? or are you going on hear say?

As far as i am aware, the jurisdiction laws state you can raise your claim in a court local to the defendant OR the claimant.

[Originally Posted by Yanni

Just write back saying that you'll accept the £101.36 as partial payment towards the full claim amount of the charges altho you may not get back any interest you are claiming.

You should get back all the basic charges - you would have to take them to court to get the interest(agreed, unless you had been claiming contractual) but most peeeps are happy just to get the charge amounts back(are they?), after all strictly speaking according to OFT recommendations, you should only get the residue left of £12 per fee(? that is nonsense, OFT stated ",Where credit card default charges are set at more than £12, the OFT will presume that they are unfair, and is likely to challenge the charge unless there are limited, exceptional business factors in play." No where does it say £12 is a fair charge. so if you get all the charges you paid back, you're in effect getting probably more than you would just getting residue of the £12 charge. That's the way I see it.(im glad we dont all see it your way!)

Just write back as above and hopefully you'll be offered all your money back - I did, within 10 days, altho still waiting for money but should have it this week.]

I'm sorry Yanni, but i have never read so much nonsense!!!

Well if we're not allowed to state a valid opinion without it being rubbished then I give up.

I never said OFT thought £12 was fair, in fact it is you yourself has just pointed it out

"Where credit card default charges are set at more than £12, the OFT will presume that they are unfair" (Underlining is mine)

I was only pointing out that ACCORDING to the OFT recommendations, and at present they can only be described as recommendations, getting back the full "penalty" charge, i.e., over and above £12, is a bonus, IN MY OPINION - and I'm sure the majority of peeps are happy just to get full refund of charges without going thru all the hoops and obstacles the banks and their lawyers put in their way, but perhaps you know better.

The alternative is going to court and getting the banks to admit to the real cost of processing "default fees", something they will never do unless dragged in kicking and screamng.

If the highest default fee of Allied Irish Banks plc is 4.40 Euros, just on £3, then either the Irish banks are terribly efficient, Eire is a low wage economy or the UK banks are a bunch of thieving scoundrels.

No prizes for guessing right.

With just 3 letters and 3 emails, I am about to have a £1700+ overdraft written off, with a sum of in excess of £800 on top. I may have been lucky in getting "a result" without a lot of hassle compared to some peeps and I sure most would accept that result.

Only in my opinin of course.

For the benefit of others, here is the OFT statement of May 2006 - the comments in red are mine.

'The OFT now expects [recommends??] all credit card issuers to recalculate their default charges in line with the principles set out in the statement, and to confirm by 31 May their response and willingness to make any necessary adjustments to their fees. Credit card issuers should [are recommended??] treat fee adjustments as a matter or exceptional priority. The OFT also calls [recommends] on banks and other financial businesses to apply the same principles when calculating default charges in other consumer contracts such as bank overdrafts, store card contracts and mortgages where and as appropriate.

'As a provisional step to speed compliance, the OFT has decided that it is appropriate to give priority to addressing default charges which exceed a threshold of £12. This is less than half the figure charged by many credit card issuers at the moment. The OFT's presumption [recommendation??]will be that credit card default charges that are in excess of £12 are unfair, unless there are limited, exceptional factors in play, for example where a card issuer has a policy of requiring customers to pay minimum monthly repayments by direct debits, such as that operated by Egg, and offers credit cards only to customers that satisfy a relatively high scoring requirement.'

[Originally Posted by Yanni

 

 

Well if we're not allowed to state a valid opinion without it being rubbished then I give up. clearly not, judging by the rest of your post! ;-)

 

I never said OFT thought £12 was fair, in fact you it is you yourself have just pointed it out You DID say that the "OFT recommends you only get the residue of the £12 charge" which is nonsense!

 

"Where credit card default charges are set at more than £12, the OFT will presume that they are unfair" (Underlining is mine) which means any charge over £12 are unfair, not the difference between £12 and the charge, incidentely it also does not state that any charge under £12 IS fair.

 

 

I was only pointing out that ACCORDING to the OFT recommendations, and at present they can only be described as recommendations, getting back the full "penalty" charge, i.e., over and above £12, is a bonus, IN MY OPINION - and I'm sure the majority of peeps are happy just to get full refund of charges without going thru all the hoops and obstacles the banks and their lawyers put in their way, but perhaps you know better.

What i do know, is that it is highly unlikely that any banks credit card companys or other institutions are likely to offer you a FULL refund of your charges without you having to issue a court claim, This does not involve jumping through hoops or any other acrobatics, but simply following the step-by-step instructions as laid out in the FAQ's.

Following the step-by-step instructions involves sending 2 letters, 28 days and issuing a court claim, not exactly rocket science but a tried and tested method to recover ALL CHARGES IN FULL.

 

The alternative is going to court and getting the banks to admit to the real cost of processing "default fees", something they will never do unless dragged in kicking and screamng. You dont need to go to court, if you follow the procedure and templates correctly the bank will issue your FULL refund before the court date.

 

 

If the highest default fee of Allied Irish Banks plc is 4.40 Euros, just on £3, then either the Irish banks are terribly efficient, Eire is a low wage economy or the UK banks are a bunch of thieving scoundrels.

 

No prizes for guessing right. Im struggling to keep up with this?

 

With just 3 letters and 3 emails, I am about to have a £1700+ overdraft written off, with a sum of in excess of £800 on top. I may have been lucky in getting "a result" without a lot of hassle compared to some peeps and I sure most would accept that result. congratulations, still, i wouldnt advise other claimants to deviate from the tried and tested methods, or fill there heads with nonsense RE accepting the difference between the charge and £12.

Claimants have enough new info to take in and dont need thrown dodgy info like the above.

 

Only in my opinin of course.no comment

 

 

 

For the benefit of others, here is the OFT statement of May 2006 - the comments in red are mine.

 

'The OFT now expects [recommends?? EXPECTS] all credit card issuers to recalculate their default charges in line with the principles set out in the statement, and to confirm by 31 May their response and willingness to make any necessary adjustments to their fees. Credit card issuers should [are recommended?? SHOULD] treat fee adjustments as a matter or exceptional priority. The OFT also calls [recommends CALLS] on banks and other financial businesses to apply the same principles when calculating default charges in other consumer contracts such as bank overdrafts, store card contracts and mortgages where and as appropriate.

'As a provisional step to speed compliance, the OFT has decided that it is appropriate to give priority to addressing default charges which exceed a threshold of £12. This is less than half the figure charged by many credit card issuers at the moment. The OFT's presumption [recommendation?? NO! PRESUMPTION]will be that credit card default charges that are in excess of £12 are unfair, unless there are limited, exceptional factors in play, for example where a card issuer has a policy of requiring customers to pay minimum monthly repayments by direct debits, such as that operated by Egg, and offers credit cards only to customers that satisfy a relatively high scoring requirement.' why have you added 'recommends' throughout the statement? you have shown here you clearly dont understand the statement, it is all very well taking from it what you will, but to blatantly mislead other claimants is not acceptable

Yanni, i think you should read a little more, and think a little more before sharing your opinion with anyone else, you clearly have caught the wrong end of the stick.

Yanni, i think you should read a little more, and think a little more before sharing your opinion with anyone else, you clearly have caught the wrong end of the stick.

I am only sharing my own experience in getting back my charges in which I did follow recommemded route altho my complaint against RBS is complicated by an extra grievance I have.

1. Prelim letter asking for refund of charges sent 10 May.
   
2. Received offer letter from bank for approx 73% of my claim dated 5 June.
   
3. Sent emails on 7 & 8 June backed up by letter confirming email contents includiing advising would go to FOS if not satisfied. My claim is over £1500 so court not feasible in Scotland unless summary causa or whatever.
   
4. Accepted offer as partial settlement toward full amount by letter sent 9 June.
   
5. Sent 2 emails to RBS advising them of my complaint to FOS including failure to reach agreement on default charges. (Complaint to FOS sent altho I have since advised them that I have setttled charges complaint)
   
6. By letter dated 27 June but received 30 June, (mail strike??) RBS offered full amount of claim which I accepted by letter sent 1 July.
   
7. Only awaiting payment which hopefully be by end of week.

"What i do know, is that it is highly unlikely that any banks credit card companys or other institutions are likely to offer you a FULL refund of your charges without you having to issue a court claim.."

And contrary to your above statement, at no point did I even advise RBS of me going to court (as my claim was/is over £1500), never mind issuing a court claim.

The OP scottyb46 is only asking what he should do now that he has been offered a partial refund, I am only advising him to hold out for full amount by using one of the reject letters, edited to suit his own situation, which is exactly what I did myself and I got a "result" with which I am more than happy.

What route do you recommend he follows?

The OP scottyb46 is only asking what he should do now that he has been offered a partial refund, I am only advising him to hold out for full amount by using one of the reject letters, edited to suit his own situation, which is exactly what I did myself and I got a "result" with which I am more than happy.

 

What route do you recommend he follows?

I have already posted asking the OP for more info before advising.

I am not disputing the quote above, but, i had to point out for the benefit of any one else who may read your previous posts the glaring inaccuracies in your claims RE the OFT ruling and there position on the charges.

As i have said before, you clearly caught the wrong end of the stick on that one.

Sorry lads - I think I should make it clear I have previously won against MBNA and had back over a grand, which was done via MCOL. I used to work, a few years ago now, for one of the credit card companies, so I know how whimsical the basis for charges is by the way - I would struggle to make it up to £1 - and I am an accountant...

My only query is about RBoS, and the fact that when I tried to use MCOL to claim and put in an Edinburgh postcode for the defendant, MCOL would not allow me to continue with putting in the claim. I think I have a way around it, as I think I can submit their Southend-On-Sea card operation address, but before I do that I wondered if there was an alternative procedure to follow.

Sorry again

Scotty

Ok Scotty, your alternative is to fill out, print off and post the forms to an Edinburgh court. There is not a Scottish version of MCOL, and our small claims limits are so low, you would be better using an english address for them, You could try using your local branch address maybe??