Hi,

I was with RBS (Royal Bank of Scotland) and I got charged about £300 one christmas because they take there money before the weekend is over.

Any way I contacted them and asked if they could resolve it anyway as I will only have the same money coming in as I did last month. If they were not going to give me a refund then I would get charged the same every month afterwords. This refund was refused and as predicted £300 the month after in charges and again and again.

Now I am £3000 overdrawn (£1000 overdraft) - I asked them to put my account on hold pending the outcome of this court case and they said no - they have told Triton to contact me and are treatening to send baliffs round etc.

Might not have been a good idea but since I have been to the local branch twice and told them I am getting baliffs into the branch.

Why do they think they can threaten me into paying when they wont allow me to claim bank charges until the outcome of the court case.

I dont mind waiting for this but I refuse to pay bank charges which could potentially be illegal.

Need some advise please....

Cheers

Steve

I Sent them This....

Debtor: Royal Bank of Scotland (Bispham Branch)

Claimant: xxxxxxx

Account: xxxxxxxx

You are required to make payment for the sum of £2289.83 for charges applied to the above account during the period of November 2007 to November 2008.

You have failed to pay this outstanding amount after numerous phone calls and final demands. If this sum is not paid within seven (7) working days from 25th November 2008 then we will have no choice but to take further action to recover this debt. This means we need payment before the 4th December 2008.

If we have to visit you, we will do so between 8am and 6pm Monday to Friday. If there is no answer or your business is closed then we will post a notice on or through your door informing you of the visit and the amount outstanding.

Please also note that this matter has got to a very serious stage and due to the increased cost for visits and communication with RBS, the following charges will be applied.

If we need to contact you by letter there will be a £30 charge applied to the amount outstanding. If we have to contact you by telephone there will be a £10 charge applied to the amount outstanding and if we need to visit you we will be charging £100 per visit.

We WARN you now, that should you continue to ignore our correspondence the following will happen:

• The actual amount you owe will increase.
  
• Bailiffs will be instructed to visit you.
  
  

any advise.....

Have you actually started a bank charge reclaim?

Yes - I have send SAR etc and had statements and sent in claim to RBS.

This has been place on hold pending the outcome of the court case so in theory their claim for bank charges should be on hold too?

Ta

Steve

The other question I should have asked - are you still using this account?

Hi, Steve.

First time I've seen it done that way.

Have a look at the step-by-step.......

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

That's the way I've always claimed back charges.

You need to take your claim all the way to court. It will more than likely be 'stayed' but at least your claim will be in the system.

You could try sending the Bank this letter..........

Dear Sirs

Re: Account in dispute

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

I note from your latest correspondence that you are proposing to instruct Debt Collectors to contact me. I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

If you do not stop this action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

Yours sincerely,

I'm not sure what else you can do at this time, hopefully someone else can help.

Regards.

Scott.

Very amusing. I would imagine they will pin this up on the notice board so all the staff can have a good laugh.

Hi - Thanks for replys,

I have already sent a similar letter but hadnt worked - I am no longer using this account.

After the above was hand delivered they were quite shocked (they even told me they were gonna place the account on hold) but since failed to do so.

I just dont want triton and co threatening me over these charges.

I know quite funny but I wanna play them at their own game - hahaha

Another question - If i send a CCA to a bank or credit card company - do they have to provide me with a signed credit agreement. Just read somewhere on another website they dont have to?

Ta

Steve

They have to provide you with a true copy of the agreement. It doesnt necessarily have to be the exact copy that you signed. HOwever if they want to proceed at court they will have to produce a copy of the ORIGINAL that you signed.

OK is it worth seeing if the comply with CCA to see if debt is unenforcabe?