Jump to content


  • Tweets

  • Posts

    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
    • The streaming giant also said it added 9.3 million subscribers in the first three months of the year.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Reclaim Overdraft Charges from RBS - Scotland


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5604 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

Previously I thought it was impossible to claim back overdraft charges from my bank as it was a penalty for going over my agreed overdraft.

 

I have had about 6 or 7 charges (£35 / £28) in the last 2 months as I have accidently gone over my account that I use for Ebay, money has been transferred in and out on a regular basis.

 

Can anyone please advise me if I can claim these back as unfair charges? and where to go from here. I am based in Scotland also just incase the Scottish law is different.

 

Thanks

James

Edited by jim2007
typo
Link to post
Share on other sites

  • Replies 64
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi, James.

 

Yes, claim them back, have a look at the step-by-step

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Take your claim all the way to court, I'm also in Scotland and have claimed the lot back.

 

Also have a look at this.........

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/11123-scottish-procedure.html

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

Does the first letter tend to work? or do they try and play hardball? Does this need to be sent to the head office or branch where I opened my account?

 

Thanks

Link to post
Share on other sites

Hi,

 

Here's the contact details..........

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/75836-rbs-contact-information.html

 

As to whether the first letter works, very unlikely, they will keep trying to fob you off, but just stick to your timescales and take them all the road.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

No problems, Jim.

 

Any questions, just post, there's always someone around to help :)

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

Yes, Jim you should, that way you have proof they received it :)

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

  • 2 weeks later...

Hi Guys

 

I had a letter back from RBS saying that they were in receipt of my letter but were sending it back to me as I didn't provide enough information of my account. They sent me a claim form which I am to fill in and send back to a different address. In the letter it doesn't say that they will give me back the charges just that it is a claim.

 

Should I fill the form in and see what happens? Is this their way of saying that the charges will be paid back?

 

Thanks

Edited by jim2007
typo
Link to post
Share on other sites

Hi, Jim.

 

I'd fill it in and send it back, see what they say.

 

Don't give them too long ;)

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

  • 1 month later...

Hi

Am a little confused?!!

I received my original letter back along with a covering letter and my 'claim form' saying that I had an HBoS sort code and to direct it to them. I thought they were all one organisation. I have been into my bank and have been given 2 different address (both with PO BOX addresses). Does anyone know which is the correct address to post my claim to?. I have an address in Leeds and one in Dunfermline. Or could I send to both? I have the letters ready and want to post today, as they are PO BOX addresses am I right in saying that they cannot be sent by recoreded delivery? Any help to my questions would be grateful.

 

Regards

Jim

Link to post
Share on other sites

Thanks for that. I had one letter addressed to them so I'll send that today. Do you know if I can send this letter by registered post as it's going to a PO BOX?.

 

Also, have you reclaimed from HBoS before?

 

Regards

James

Link to post
Share on other sites

Hiya Jim,

 

Is your account with Royal Bank of Scotland or Halifax? If you have been banking with RBOS then the contact details are different from HBOS.

 

Which was the first letter you sent?

 

I am not sure why you had to fill in a form with more information.

On your first letter l, did you put the full details asked for, ie, sort code, account number and which bank. (I'm assuming you did) If so they have all the information needed.

 

You have the contact details for RBOS and here are the HBOS details.

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/106783-halifax-bank-scotland-contact.html

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

Well I thought it was with RBoS but my card just says BoS. I submitted details to them and that's when they came back to say that my sort code was a HBoS account. I sent them the prelim letter but as it was sent to the wrong bank will send it again today to the Leeds address.

 

Should I also send to Trinity Road as per Tilly's advice above? Shall I send by registered post? and also is it 14 days to send the next letter starting from the day after sending (so would be 1st day tomorrow - 14th day being 9th Sept?)

 

Thanks

Jim

Link to post
Share on other sites

In that case yes use the address Tills gave you. If you send registered, make sure you keep the slip so you can check it has arrived.

 

The 14 days start from when they receive it. So yes your dates will be fine. :D

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

I have received a letter through the post basically saying that the BoS are currently involved in legal proceedings with the OFT regarding charges and that they are not willing to hear my case until this has been resolved!. It seems like a fairly standard/scripted letter that they send to everyone.

 

What are my options now they have responded? Do I wait, which could be a while? or do I go ahead with another letter saying that it's unacceptable?

 

THANKS

Jim

Link to post
Share on other sites

What you do now depends on how many charges you are reclaiming and how far back they go. As you may already know, you can only claim back upto 5 years of charges in Scotland (as opposed to 6 years in England and Wales).

 

The current OFT case could take years yet. If the OFT win at the High Court, the Banks could appeal at the high court, then the House of Lords and if needed, they can appeal all the way to the European Courts. This could take anywhere from 2-5years.

 

In Scotland, there is a different judicial system. Many courts in Scotland will still hear your case if you provide a good Statement of Claim. Even if the bank sists (stays) your claim, you can appeal to have the sist lifted. Advice is available at Govan Community Law Centre, Glasgow, Scotland | Free legal resources If I were you, I would not wait. You should file your claim now at your local Sheriff Court if you live in Scotland. If you don't, maybe you can use the address of someone you know that lives there.

 

I am about to take RBS to court for just under £200. They had until today to respond to my letter before I take court action. I am also taking another bank to court if they do not respond within 14 days for about £600.

 

Good Luck with what you do. Best of Luck in Reclaiming what is Rightfully Yours!

  • Haha 1
Link to post
Share on other sites

Hi

 

I am only claiming for £203 and the charges relate from May this year.

 

Can you advise the next letter I need to send (I have sent the prelin letter)? and where to send it to. The last letter I received was from Dunfermline.

 

Thanks

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...