Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Default RBS - Here We Go Again

    On another note, it's taken me from Monday afternoon until 28 minutes ago to get a full refund of charges totalling £70 which were from last weekend. I was over my 'authorised' OD by 1 working day...



    Result 1...
    BOS next...


  2. #2
    Gold Account Holder Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull's Avatar



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    Cool - maybe this is a new tactic - don't argue if the claim is <£xxx...

    Could be a case for asking for a refund for each charge individually - time consuming I know, but imagine the increase in their workload - they would probably explode!

    Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

    All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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  3. #3
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    I have the advantage of livin up the road from the Headquarters. I called customer servicesicon about it and naturally they were about as much help as a chocolate fireguard...

    I bypassed my branch completely & asked for a senior customer relations manager or the equivilent. I was referred to Kevin Fagan. I have direct dial number also if that would be helpful? I sat down and explained my situation of being over my @authorised OD for 1 working day Monday past), & that the charges were for something I had funds for anyway. He gave me the charges Blah Blah schpeil but refused to budge.
    I left him with the promise of a phone callicon (which I received on Wed) and I left him with a thanks and a preliminary approach for payment letter :twisted:
    Needless to say it was passed thru to the branch and hey presto!, full refund! I'm going to leave it at that but I left the manager at the branch with a parting shot...

    ' The charges were applied AND debited on the same day (17th March) and by the Banking Codeicon, you're required to give notice blah... You should really know the banking code, you are a banker?!?!'....

    Lloyds Current A/C DPA sent 7th May 2009 Closed and charges wiped Summer 2010.

    Barclays A/C DPA sent 4th June 2009: no reply, no correspondence as of 2011.

    Littlewoods Data Protection Act Section 10 sent 09/06/2006 - Fraudulent A/C closed and CRA data removed November 2006.

    HSBC Default & Debt wiped March 2009 (6 yr Statute barred reached)

    RBS - Claim 1 - Settled in FULL £766.00 20/06/2006.

    RBS - Claim 2 - Settled in FULL £777.95 08/09/2006


    BOS A/C No. 1 & 2
    Amount - £586.39 claim plus 8% interest
    SETTLED IN FULL 08/09/2006 - CHEQUE FOR £625.25

    Halifax Visa Data Protection Act Disclosure Received

    First Direct Data Protection Act Disclosure received
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  4. #4
    Gold Account Holder Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull's Avatar



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    Great result - perhaps you can blow some good luck glitter at everyone else. BTW:
    about as much help as a chocolate fireguard
    I thought it was a chocolate teapot...

    Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

    All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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    Default

    Nice one!

    "Chocolate fireguard" is the version I know btw, but I prefer "AS much use as an ashtray on a motorbike" or "a cat flap on a submarine"


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    Default

    well done

    great example of getting charges back


  7. #7
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    Default Re: RBS... RESULT!

    Went into RBSicon branchnon Monday to get my student OD upped to 1500 from 1250 until tomorrow (Friday), so it would be for 5 days until I get some benefits into my account. I don't want to incur any more penalty charges and so I thought I was being responsible
    I had the OD put on this morning, which kind of defeats the purpose of my asking for it since I've already incurred charges as a result of them stalling putting the OD increase on the account!!

    Incidentally according to the Banking Codeicon...
    '5.5 Before we take interest or charges for standard account services from your current or savings account, we will give you at least 14 days' notice of how much we will take.'

    Although the charges have been applid to my account on the same day + debited from my account the same day.
    28 Mar 2006 CHG CARD MISUSE , CHQ 20.86, SERIAL NO 000031, CHQ 44.24, SERIAL NO 000030 - 70.00 -£1,319.69
    28 Mar 2006 CHQ 000030 - 44.24 -£1,363.93
    28 Mar 2006 CHQ 000031 - 20.86 -£1,384.79
    28 Mar 2006 CHQ 000035 - 14.90 -£1,399.69
    29 Mar 2006 CHG CARD MISUSE , CHQ 48.09, SERIAL NO 000033 - 35.00

    So much for 14 days notice!?! I'm about to Email RBS about this and will post back...

    Lloyds Current A/C DPA sent 7th May 2009 Closed and charges wiped Summer 2010.

    Barclays A/C DPA sent 4th June 2009: no reply, no correspondence as of 2011.

    Littlewoods Data Protection Act Section 10 sent 09/06/2006 - Fraudulent A/C closed and CRA data removed November 2006.

    HSBC Default & Debt wiped March 2009 (6 yr Statute barred reached)

    RBS - Claim 1 - Settled in FULL £766.00 20/06/2006.

    RBS - Claim 2 - Settled in FULL £777.95 08/09/2006


    BOS A/C No. 1 & 2
    Amount - £586.39 claim plus 8% interest
    SETTLED IN FULL 08/09/2006 - CHEQUE FOR £625.25

    Halifax Visa Data Protection Act Disclosure Received

    First Direct Data Protection Act Disclosure received
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  8. #8
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    Talking Re: RBS... RESULT!

    Hello all,

    Having heard about this site on a local radio station in manchester i thought i would have a go at getting my bank charges back, i used a template letter from this site just tweeking it a bit to suit my situation. This morning i was given a refund of £500 which i am delighted with. In the letter that the bank sent me they stated that i am not allowed to disclose this refund to any thrid party, i feel that this is a attempt to stop everyone finding out the truth about bank charges.

    Many thanks to all who run this forum and site.
    All the best for the future and again many thanks !!


  9. #9
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    Default Re: RBS... RESULT!

    Thanks - Could you confirm what bank and was it after your first letter?


  10. #10
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    Default Re: RBS... RESULT!

    Quote Originally Posted by mcfcbill
    In the letter that the bank sent me they stated that i am not allowed to disclose this refund to any thrid party
    Did you sign the letter?

    Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

    All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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  11. #11
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    Default Re: RBS... RESULT!

    What rights do they have to insist upon this? Very little, I suspect.


  12. #12
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    Cool RBS really done it this time...

    Well, I had the overdraft put up until 10th April, as agreed in writing. I got my student loan on the 10th and waited until 11th April to start paying the gulf of bills, rent etc. Us students!

    A few days later I check my balance and see in well over my limit and not sure how because I only spent what I was supposed to in the budget for my bills. I call the telephone banking & discover that the OD hadn't been reduced back to £1250 until 13th April. So I had spent money that wasn't physically there.

    I went into the branch on Tuesday 18th & asked if I could extend the OD (again!) to £1500. I'm in the middle of exams for 1st year at uni, so I would be getting the increase for 2nd year limit in a few weeks anyways. Plus, I have cash coming in, as I always do, on the 1st of May so the OD would be covered. i've also obviously incurred charges for these payments as well, which means that my incapacity benefit AND income support is completely eaten up. This leaves me with no money for a fortnight...

    She went to check with the manager & was told that they only increased it for me before as I had a student loan payment due into the account, & benefits wern't a form of income. So I'm stuffed for a fortnight. Actually, there are more charges and cheques pending so that will probs be eaten up also!!! AAARRGGH!!!!!

    I came home yesterday really cheesed off to say the least. I thought, nah, time to just get ALL the charges on the account refunded. I've had it. They have also said they only refunded the previous charges as a goodwill gestureicon.... goodwill my ass, I'm hungry. The only option I have is to write cheque and let it get paid & incur another two charges for the privelige....

    I started checking all my statements online from when it was opened since last year and have incurred over £500 so far, with about another 120 due at least. I also found two charges that were applied when i HAD money in the account in January. I have still been charged for card misuse to the tune of £70.

    I went into the branch today and spoke to the same person I did yesterday & brought to her attention the two thefts from my account which I'd 'like' refunded.
    She agreed there was funds and couldn't understand why the charge had been applied. She then went & spoke to the manager who then informed me that although the *available funds* showed a credit of £500 in cheque, it wasn't actually *available funds*. EH?!?! So what Royal Bank of Bob are telling me is that *available funds* doesn't acutally mean *available funds*? She replied 'for interest purposes', to which I replied, 'Aye, your interest, not mine'.

    I then handed her the prelim letter for £570 and said I wanted the thefts back into my account in 24 hours, and will still be persuing the rest of charges as per my P&C preliminary letter to the branch manager!

    Here it goes again!!!

    Lloyds Current A/C DPA sent 7th May 2009 Closed and charges wiped Summer 2010.

    Barclays A/C DPA sent 4th June 2009: no reply, no correspondence as of 2011.

    Littlewoods Data Protection Act Section 10 sent 09/06/2006 - Fraudulent A/C closed and CRA data removed November 2006.

    HSBC Default & Debt wiped March 2009 (6 yr Statute barred reached)

    RBS - Claim 1 - Settled in FULL £766.00 20/06/2006.

    RBS - Claim 2 - Settled in FULL £777.95 08/09/2006


    BOS A/C No. 1 & 2
    Amount - £586.39 claim plus 8% interest
    SETTLED IN FULL 08/09/2006 - CHEQUE FOR £625.25

    Halifax Visa Data Protection Act Disclosure Received

    First Direct Data Protection Act Disclosure received
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  13. #13
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    Default Re: RBS... RESULT!

    Ok so I am about to start the challenge! I was £1.98 overmy overdraft, as a result I accumulated £188 in charges for one month BEFORE they informed me. I then tried to settle and thought that an end to it and this month have received a FURTHER £184 in charges. So will keep you posted on how I get on!


  14. #14
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    Default Re: RBS... RESULT!

    Cool, but please start your own thread, it gets confusing for other people to follow , plus you're hijacking mine!!

    Lloyds Current A/C DPA sent 7th May 2009 Closed and charges wiped Summer 2010.

    Barclays A/C DPA sent 4th June 2009: no reply, no correspondence as of 2011.

    Littlewoods Data Protection Act Section 10 sent 09/06/2006 - Fraudulent A/C closed and CRA data removed November 2006.

    HSBC Default & Debt wiped March 2009 (6 yr Statute barred reached)

    RBS - Claim 1 - Settled in FULL £766.00 20/06/2006.

    RBS - Claim 2 - Settled in FULL £777.95 08/09/2006


    BOS A/C No. 1 & 2
    Amount - £586.39 claim plus 8% interest
    SETTLED IN FULL 08/09/2006 - CHEQUE FOR £625.25

    Halifax Visa Data Protection Act Disclosure Received

    First Direct Data Protection Act Disclosure received
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  15. #15
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    Default Re: RBS... RESULT!

    Really sorry. First time on here and not sure how it all works.


  16. #16
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    sazz Novitiate sazz's Avatar



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    Default Re: RBS - Here We Go Again

    I was told by a friend who works for RBSicon that common law etc doesn't apply to banking, they are covered by financial law, so my claim isn't based on anything unlawful or illegal apparently!

    He also mentioned Stephen, and stated that Lloyds were charging him illegally not like 'normal' banking charges and that it was a technicality that he was granted on....

    Needless to say I argued with him but to no avail....

    Lloyds Current A/C DPA sent 7th May 2009 Closed and charges wiped Summer 2010.

    Barclays A/C DPA sent 4th June 2009: no reply, no correspondence as of 2011.

    Littlewoods Data Protection Act Section 10 sent 09/06/2006 - Fraudulent A/C closed and CRA data removed November 2006.

    HSBC Default & Debt wiped March 2009 (6 yr Statute barred reached)

    RBS - Claim 1 - Settled in FULL £766.00 20/06/2006.

    RBS - Claim 2 - Settled in FULL £777.95 08/09/2006


    BOS A/C No. 1 & 2
    Amount - £586.39 claim plus 8% interest
    SETTLED IN FULL 08/09/2006 - CHEQUE FOR £625.25

    Halifax Visa Data Protection Act Disclosure Received

    First Direct Data Protection Act Disclosure received
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  17. #17
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    Default Re: RBS - Here We Go Again

    14 days are up today for lbaicon. I went up to the sheriff court yesterday & got all forms and some very helpful guides. I must say, the clerks were really helpful, I think they may have had a few people like me in recently!

    Lloyds Current A/C DPA sent 7th May 2009 Closed and charges wiped Summer 2010.

    Barclays A/C DPA sent 4th June 2009: no reply, no correspondence as of 2011.

    Littlewoods Data Protection Act Section 10 sent 09/06/2006 - Fraudulent A/C closed and CRA data removed November 2006.

    HSBC Default & Debt wiped March 2009 (6 yr Statute barred reached)

    RBS - Claim 1 - Settled in FULL £766.00 20/06/2006.

    RBS - Claim 2 - Settled in FULL £777.95 08/09/2006


    BOS A/C No. 1 & 2
    Amount - £586.39 claim plus 8% interest
    SETTLED IN FULL 08/09/2006 - CHEQUE FOR £625.25

    Halifax Visa Data Protection Act Disclosure Received

    First Direct Data Protection Act Disclosure received
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  18. #18
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    Default Re: RBS - Here We Go Again

    Receined a reply to my LBA this morning, just a pity that 14 days were up on 12th

    'Private & confidentialicon

    Dear Sazz,

    Thanks for your letter of 28th April which has been passed to Customer Relations from your branch. I apologise for any dissatisfaction caused by the application of charges to your account.

    We believe that our charges are fair, reasonable & transparent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff, which we are satisfied, complies with all applicable laws and regulations. We're also committed to ensuring the transparency of the infomation that we give to our customers about the operation of our products.

    Against that background, we must differ to the views expressed in your letter. Accordingly, the charges that have been applied to your account must stand.

    Therefore, this is the bank's final response to you on this matter. You may now wish to seek the opinion of the fosicon & the enclosed leaflet, which is produced by the FOS tells you more about the scheme & how to contact them. You can also visit the website www.financial-ombudsman.org.uk & if you do write to the FOS then you should provide them with a copy of this letter within six months of the time that you receive it. You should also send copies of any documentation that you feel supports your case.

    I am disappointed to note that you are contemplating legal action against the bank. Whilst I hope you will feel able to reconsider, should you decide to go ahead, please ensure that any proceedings are served on our registered office , which appears at the foot of this letter.

    Tommy McLean
    Customer Relations'

    I hand delivered both my Prelim, which was responded to by an offer of £152, plus the taking away of my card & cheque book. I wrote back declining & gave LBA.

    First off, the fact is I have an employee admit at the branch who did agree that 2 charges were applied when there was funds available, so they have clearly acted unlawfully there. I am going to check about calling witness's in small claimsicon procedures. I have a whole load of info to read from the courts visit yesterday Plus, the fact of the matter is that they are all unlawful. It hasn't taken somebody any time to authorise or pay any payments through the system, nor do they do a full credit history to come to the conclusion that they will pay your £9 direct debiticon & charge you a shedload for the privilage!! Manual intervention doesn't exist for this task, but a flagging system on the computer does...

    I take it since I can use this letter in a complaint to FSO I can also use it in court, should it get that far. It states Private & confidential at the top only.

    Anyways, I'll be reading my small claimsicon manuals over the weekend, then toddle off to the Sheriff court on Monday morning!

    Lloyds Current A/C DPA sent 7th May 2009 Closed and charges wiped Summer 2010.

    Barclays A/C DPA sent 4th June 2009: no reply, no correspondence as of 2011.

    Littlewoods Data Protection Act Section 10 sent 09/06/2006 - Fraudulent A/C closed and CRA data removed November 2006.

    HSBC Default & Debt wiped March 2009 (6 yr Statute barred reached)

    RBS - Claim 1 - Settled in FULL £766.00 20/06/2006.

    RBS - Claim 2 - Settled in FULL £777.95 08/09/2006


    BOS A/C No. 1 & 2
    Amount - £586.39 claim plus 8% interest
    SETTLED IN FULL 08/09/2006 - CHEQUE FOR £625.25

    Halifax Visa Data Protection Act Disclosure Received

    First Direct Data Protection Act Disclosure received
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  19. #19
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    Default Re: RBS - Here We Go Again

    Here's my particulars of Claim for tomorrow...

    1. The Defendant is a high street bank. The Claimant has with the Defendant a current account, number XXXXXX, sort code: XXXXXX, with a personal overdraft presently set at £1250, since 8th July 2005.

    2. Between 6th December 2005 and 24th April 2006 the Defendant deducted various amounts in respect of: ‘unauthorised borrowing fees’/‘unpaid item fees’/‘referral charges’. These were levied monthly if the account debit balance exceeded the specified overdraft limit or if a payment was honoured. (See attached schedule A).

    3. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

    4. The Claimant contends that the terms of the contract with respect to these charges are unfair and unlawful in light of the fact that:

    I. They are punitive charges designed to penalise the Claimant for a breach of contract. That they unduly enrich the Defendant, which exercises the contractual term in respect of such charges with a view to generating a profit. That under the law of penalties they are ‘extravagant’ and therefore unlawful.

    II. They are not a genuine pre-estimate of cost incurred by the Defendant and exceed any alleged actual loss to the Defendant in respect of the breach of contract on the part of the Claimant. It is averred that pursuant to paragraph 8 under schedule 2 (1)(e) of the Unfair termsicon in Consumer Contracts Regulations (1999), (‘a term is unfair if it requires any consumer who fails his/her obligation to pay a disproportionately high sum in compensation’) and under the Unfair Contract Terms Act (1977), in which it is stated that a trader can only include a clause in the contract requiring a consumer to indemnify him against any loss he may incur through negligence or breach of contract if he can show that the clause satisfies the test of reasonableness, that the charges which have been applied to the Claimant’s account are unfair and therefore unenforceable at law.

    III. In the event that the charges are not a penalty, then they are unreasonable within the meaning of the Supply of Goods and Services Act (1982), s.15, which requires the supplier of a service to carry out that service for a reasonable charge.
    IV. Under the law of mistake, the Claimant’s grounds for restitutionicon are that the bank automatically debited the amount of the charge from the Claimant’s account and was not legally entitled to do so.

    5. Accordingly the Claimant claims:

    a) The return of the amounts debited in respect of charges in the sum of £727.00 plus £14.17 interest at 8% until 15th May 2006 plus interest continuing at the same rate of £0.22 pence per day until date of judgement pursuant to section 69 County Courts Act.
    b) Court costs.

    6. I believe that the facts stated in these particulars of claim are true.
    ....

    Any suggestions or comments?

    Lloyds Current A/C DPA sent 7th May 2009 Closed and charges wiped Summer 2010.

    Barclays A/C DPA sent 4th June 2009: no reply, no correspondence as of 2011.

    Littlewoods Data Protection Act Section 10 sent 09/06/2006 - Fraudulent A/C closed and CRA data removed November 2006.

    HSBC Default & Debt wiped March 2009 (6 yr Statute barred reached)

    RBS - Claim 1 - Settled in FULL £766.00 20/06/2006.

    RBS - Claim 2 - Settled in FULL £777.95 08/09/2006


    BOS A/C No. 1 & 2
    Amount - £586.39 claim plus 8% interest
    SETTLED IN FULL 08/09/2006 - CHEQUE FOR £625.25

    Halifax Visa Data Protection Act Disclosure Received

    First Direct Data Protection Act Disclosure received
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  20. #20
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    Default Re: RBS - Here We Go Again

    Summons served on branch on Friday!!

    Lloyds Current A/C DPA sent 7th May 2009 Closed and charges wiped Summer 2010.

    Barclays A/C DPA sent 4th June 2009: no reply, no correspondence as of 2011.

    Littlewoods Data Protection Act Section 10 sent 09/06/2006 - Fraudulent A/C closed and CRA data removed November 2006.

    HSBC Default & Debt wiped March 2009 (6 yr Statute barred reached)

    RBS - Claim 1 - Settled in FULL £766.00 20/06/2006.

    RBS - Claim 2 - Settled in FULL £777.95 08/09/2006


    BOS A/C No. 1 & 2
    Amount - £586.39 claim plus 8% interest
    SETTLED IN FULL 08/09/2006 - CHEQUE FOR £625.25

    Halifax Visa Data Protection Act Disclosure Received

    First Direct Data Protection Act Disclosure received
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