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shahmh Vs RBS


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Hi Guys,

 

I have had bank charges against me ever since I was at university and even now since I started working. I have calculated that I have been charged £940 in bank charges excluding all the maintenance charges. I think this will add up to approx. £1500.

 

So I am starting this process today. And will be reading all of your FAQs before I ask any questions.

 

I hope to get all my money back.

 

Cheers

 

shahmh:smile:

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Good Luck with your claim Shahmh

Statements Recieved:19th july 2006

1st letter sent: 20th July 501pounds

1st letter received:21st July looking into it

2nd letter received:

27th July offering 81pounds as goodwill gesture

Sent Letter back :3rd August asking to reconsider before action.

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Hi Guys,

 

I have written the preliminary letter. Who shall I send it to?

 

Should I also include the interest charges to my overdraft in this aswell?

 

Thanks

 

Shahmh

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14/08/2006

Royal Bank Of Scotland

Dear Sirs

 

Request for repayment of charges

 

 

Due to recent media coverage on bank charges I now believe that you, the Royal Bank of Scotland have been levying charges on my account that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. I believe that your charges are disproportionately high and therefore they are contrary to these Regulations.

 

 

In addition I believe that your charges are a Penalty, penalty charges being irrecoverable at common law. It has been held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss. However, if you say that your charges are not penalties, I would be interested if you would demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

 

 

The charges I have paid amount to £1593.70 (detailed in Annex A) and I request that you refund me this amount in full within the next 14 days. This sum represents the excessive charges which you have made to my account. If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully

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Here's my spreadsheet;

 

Date of ChargeDescriptionCharge04/07/2001Un-paid Item CHQ £23.803009/07/2001Un-paid Item CHQ £23.803012/07/2001Card Misuse POS £12.852012/07/2001Un-paid Item CHQ £23.803023/07/2001Un-paid Item CHQ £25.003026/07/2001Card Misuse POS £10.55 & £10.004026/07/2001Un-paid Item CHQ £25.00 & £3.706031/07/2001Un-paid Item CHQ £25.003002/08/2001Un-paid Item CHQ £3.703003/08/2001Un-paid Item CHQ £25.003006/08/2001Card Misuse POS £8.302008/08/2001Un-paid Item CHQ £25.00 & £3.706013/08/2001Un-paid Item CHQ £25.003014/08/2001Un-paid Item CHQ £3.703016/08/2001Un-paid Item CHQ £25.003021/08/2001Card Misuse POS 12.582029/08/2001Card Misuse POS 19.502022/01/2002Card Misuse POS £21.982019/03/2002Card Misuse POS £19.072008/04/2002Card Misuse POS £4.402016/04/2002Card Misuse POS £12.502008/07/2003Referral Charge for June2009/01/2004Referral Charge for December2009/02/2004Referral Charge for January6011/05/2004Referral Charge for April2008/06/2004Referral Charge for May2008/07/2004Referral Charge for June2021/07/2004Unpaid Item £70.003008/09/2004Referral Charge for August4008/03/2005Referral Charge for March3010/07/2006Referral Charge for June60Total£940Bank Maintenance Charges for going over OD18/07/2001Maintenance Charge1020/08/2001Maintenance Charge1017/09/2001Maintenance Charge1018/10/2001Maintenance Charge1018/02/2002Maintenance Charge1018/03/2002Maintenance Charge1018/04/2002Maintenance Charge1020/05/2002Maintenance Charge1017/06/2002Maintenance Charge1019/08/2002Maintenance Charge1018/09/2002Maintenance Charge1019/05/2003Maintenance Charge1018/06/2003Maintenance Charge1018/07/2003Maintenance Charge1020/10/2003Maintenance Charge20£25 incl. £5 royalties19/01/2004Maintenance Charge20£25 incl. £5 royalties18/02/2004Maintenance Charge20£25 incl. £5 royalties17/05/2004Maintenance Charge20£25 incl. £5 royalties18/06/2004Maintenance Charge20£25 incl. £5 royalties19/07/2004Maintenance Charge20£25 incl. £5 royalties18/08/2004Maintenance Charge20£25 incl. £5 royalties20/09/2004Maintenance Charge20£25 incl. £5 royalties18/04/2005Maintenance Charge28£34 incl. £6 royalties17/07/2006Maintenance Charge28£34 incl. £6 royalties18/08/2006Maintenance Charge28£34 incl. £6 royaltiesTotal£384Interest Charges to Account20/08/2001Interest on Overdraft3.8117/09/2001Interest on Overdraft12.1118/10/2001Interest on Overdraft9.1920/05/2002Interest on Overdraft1.0818/07/2003Interest on Overdraft1.1418/08/2003Interest on Overdraft11.4518/09/2003Interest on Overdraft10.6220/10/2003Interest on Overdraft10.5417/11/2003Interest on Overdraft10.6818/12/2003Interest on Overdraft9.8919/01/2004Interest on Overdraft9.2218/02/2004Interest on Overdraft12.3918/03/2004Interest on Overdraft9.0219/04/2004Interest on Overdraft6.8417/05/2004Interest on Overdraft9.3518/06/2004Interest on Overdraft15.5619/07/2004Interest on Overdraft19.2518/08/2004Interest on Overdraft13.4220/09/2004Interest on Overdraft11.8218/10/2004Interest on Overdraft6.8518/11/2004Interest on Overdraft12.6720/12/2004Interest on Overdraft6.9717/01/2005Interest on Overdraft5.9618/02/2005Interest on Overdraft5.8818/03/2005Interest on Overdraft5.0618/04/2005Interest on Overdraft5.320/06/2005Interest on Overdraft3.4518/07/2005Interest on Overdraft2.3318/08/2005Interest on Overdraft3.3218/11/2005Interest on Overdraft0.6319/12/2005Interest on Overdraft2.0520/03/2006Interest on Overdraft0.2918/04/2006Interest on Overdraft4.7819/05/2006Interest on Overdraft1.1417/07/2006Interest on Overdraft5.718/08/2006Interest on Overdraft9.94Total in interest charges£269.70Grand Total£1,593.70

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guys, can I claim on the interest charged on the overdraft? I had an interest free overdraft (student account) but when I went over my limit I was charged with a fine and interest? Therefore can I get a rebait on the interest charged?

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Difficult one. I would think that if you exceeded your overdraft limit ONLY by the application of penalty charges (ie not because you just overspent), then it would be fair to claim back the interest. You will have to check back for each month you were charged interest to make sure that the fine/interest was because of penalty charges. If in that month there was any overspend by you (your own fault), then you could not reclaim.

 

You will need to make it clear in your spreadsheet that the interest is charged because the penalties were applied. Check through, and see how many of the interest charges are caused solely by addition of RBS penalty charges.

 

What's the entry on your spreadsheet 'royalties'. Is it a £5 service payment for an upgraded type of current account? If so it's not a penalty charge and you can't claim it back - the royalties bit will have to come out of the spreadsheet. I've read the following in another thread: "You can't claim the monthly charges on. for example, your Royaties Gold ac as these are agreed service charges, but you can claim back the excess penalty charges the banks apply on top of them and which they try to disguise by taking at the same time".

 

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  • 3 weeks later...

Can some advise me if I have sent my preliminary letter to the correct address;

Senior Customer Relations Manager at Edinburgh

Royal Bank Of Scotland

Freepost

P.O. Box 1727

Edinburgh

EH12 9JN

Scotland

 

Should I send my Letter Before Action to this address aswell?

Thanks guys

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