Jump to content


  • Tweets

  • Posts

    • Your page numbers should run through your WX and exhibits so im concerned its page x of 9.
    • The CMA’s latest monitoring report on road fuel shows that prices at the pump have risen since late January, accompanied by above average margins and spreads.View the full article
    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
    • UK travellers have been turned away at airports because their passports are not valid for EU travel.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
      • 160 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

DaringDon Vs RBOS


DaringDon
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6376 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

Hello all........first post. I have just been directed here from the MoneySavingExpert site.

 

Could anyone tell me where I can find a thread which details how to go about reclaiming bank charges. I need to find out about the whole process and also to get info about the template letters etc.

 

Thanks all and I hope to get as good a result as some of the others ive seen.

 

Thanks.

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

Link to post
Share on other sites

Everything you need to know is in the FAQ and template sections. Have a read through and then you can get the ball rolling. Keep everyone up to date and post any questions in this thread. Good luck!

Royal Bank of Scotland - settled

 

seaweasel is not a lawyer

Link to post
Share on other sites

Thanks mate. :)

 

I'm going to wait til i set up a parachute account as a backup, then i'm going to get the ball rolling!

 

Thanks and i'll keep the thread up to date.

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

Link to post
Share on other sites

Cheers mate. I'll keep you all updated :)

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

Link to post
Share on other sites

DD,

 

the sooner you start the sooner you get a result. You can set a PA up later before the going gets tough. Not sure what the RBS' record on closing accounts is, but don't recall many instances over the last 4 months. Not to say that they won't, but you've got 40 days to sort that out once you send in the SAR.

 

Read the FAQs, copy & paste the templates into word and start cutting and pasting useful clips from people's threads as you see them. Keep up to date with a few threads that are ahead of you so that you know what to expect. The RBS and Cobbetts (or Cobblers), the RBS Solicitors, seem to follow a fairly strict and inflexible pattern to the responses to our requests. Be ready for them so as not to let them take a breath before you come back with your reply.

 

Time spent on recce is never wasted!!

 

BC:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

Link to post
Share on other sites

Thanks BigCol.................and a very good point.

 

I'm going to draught out my letter today and get it ready to be sent off!

 

Can anyone tell me if it is acceptable to send a postal order for the £10 fee?

 

Thanks again people :D

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

Link to post
Share on other sites

DD,

 

POs are more than acceptable, as long as it is made out to the Bank. RBS Tried something similar to me and then gave me the statements for free!! Give your Branch a call and see what they say, most (tho not all!) RBS Branch Staff are quite helpful when approached in a reasonable manner!! Don't ask, don't get!

 

BC:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

Link to post
Share on other sites

Thanks again BigCol.

 

Another small issue I was wondering if anyone could clear up for me. On the DPA letter is doesnt actually mention anything specifically about requesting 6 years of statements. Will RBOS automatically know its the last 6 years statments i require or do I have to edit the letter to specifically state this?

 

Also, ive been reading up some other posts. Can anyone explain to me why sticking to the timeline stated is so important? Can not sticking to the specified timeline jeapordise the action?

 

Thanks all. :D

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

Link to post
Share on other sites

[use this letter if you feels it sets out what you wish to say]

 

Data Protection Act 1998

Subject Access Request

Recorded Delivery

 

[Letter for Joint Account - change we to I etc if is for an individual account]

 

September ......., 2006

 

 

Dear Sir/Madam,

 

Re: Account Number....... Sort Code ......... Branch Address.........

 

Please send to us a comprehensive list of all the charges you have made to the above account within the last 6 years from the date of this letter, showing the date and amount of each charge and a description of what it was for. Alternatively, a complete set of statements for the period will be acceptable. We make this request using our rights under the Data Protection Act.

 

Additionally, where there has been any event in our account history which has required manual intervention by any member of your staff, or any other person, we require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to our banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

We are confident you will be well aware that we are entitled to see all data, correspondence and records held on file computer or in relevant filing systems relating and in reference to or about us in order to have an opportunity of remedying any error or false information or erroneous opinions expressed.

 

Enclosed is a postal order for the statutory maximum fee of £10. Whilst you have a maximum of 40 days in which to comply, we trust you will have no need to exercise this option and will be able to provide the requested data within the next 14 days. ~ Please note that detailed disclosure is required in full and for the sake of good order, please confirm when reverting that nothing has been omitted.

 

If there is specific information, which you require in order to satisfy yourself as to our identity, please let us know by return. However, please note that the above address is the one which you have always used to communicate with us and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

Mr...................................Mrs........................

Link to post
Share on other sites

Hi Kidson.........thats great. Thanks very much.

 

Still a little confused about the ridgidity of the timeline. Can anyone explain?

 

Cheers :D

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

Link to post
Share on other sites

darlingdon. when british gas went into my account on a thursday for money and it wasnt there till the friday,eventhough the bank knew funds would be available the following day, they didnt say oh its okay one day wont matter. NO the 38 charge was slapped on at close of buisness. stick to your timescale cause they stick to theirs. good luck with your claim.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

Link to post
Share on other sites

OK, point taken on board.

 

Cheers susanne007 :)

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

Link to post
Share on other sites

DD,

 

the 40 days is the statutory timescale set out by the DPA legislation. As for the other timescales, these are suggested as 14 days so that we are seen to be giving the Bankss ample time to comply with our requests and not being unreasonable. This will all count in your favour when the Court looks at your case (should it go that far). If you maintain the timescales and keep things on a professional (ie not personal level) footing when writing or speaking to the Bank then you will also have the moral higher ground. Don't lose it with the Bank employees, they are only human and are forced to wear that horrible uniform (nylon, I mean!!). The other benefits about the timescale are:

 

a. You set the time, you "are in charge".

 

b. It gives you time to get the next stage ready, just in case, and read the website in order to see what's coming and cut&paste useful letters/comments as required.

 

BC:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

Link to post
Share on other sites

Spot on.

 

Thanks again for the info BigCol. Much appreciated.

 

:D

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

Link to post
Share on other sites

Remember,

 

the only stupid question is the one that doesn't get asked. It is easy to miss stuff on the site as there is soooo much info. I always have a word document open with a blank page ready to cut and paste stuff so that I don't forget it or can't remember where to find it again. You don't have to use the stuff, but at least you can then cut and paste without being online later on.!!

 

BC:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

Link to post
Share on other sites

OK people................today is D-Day and I am cr@pping myself! Sent away my DPA letter this morning so thats the ball now rolling :o

 

I ahve a couple of wee general questions I was wondering if someone could answer:

 

1) I expect my charges to be at least a couple of thousand pounds. I am aware that through the small claims court I can claim up to £750. Is there any particular way which is best to break down my charges into £750 chunks............i.e. by date, by type of charge etc?

 

2) In the event that this does actually go as far as court.............is it the case that i would have to stand up and argue my case? If this is true it worries me. I have no real legal knowledge at all and i assume they would have a lawyer.

 

Thanks people.............the advice and encouragement I've had from members on here has been amazing! Cheers.

 

Gav :D

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

Link to post
Share on other sites

DD,

 

1. Are you in Scotland? If not then MCOL 'limit' for Small Claims is £5000 before interest. If north of the border, then yes chuncks of £750 seems to be the way forward, best thing to do is check out some of the other threads based in Scotland (sorry I can't be more help).

 

2. Court-wise, the general feeling is that the Banks do not want to go to Court and recieve adverse press and legal rulings. However, there is an expectation of a test case against somebody at some time. Until that first test case hits the world, don't worry about it too much. There is also the Court Buddy system operating on CAG. Just keep reading and getting to recognise the Bank's way of dealing with us. If you spot anything different or out of the 'ordinary' then blow it to the world for advice, guidance and warning to others. That's the way we operate, mutual trust, advise and respect....

 

And anyway, if you've just posted your DPA (hopefully to your Branch, and recorded delivery) then you have got months of process to go through before you get near a court!

 

Bon Oeuf!

 

BC:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

Link to post
Share on other sites

Quick question.

 

I currently have an overdraft with thebank. Is it likely they will remove my overdraft facility if i start proceedings?

 

I sent my DPA the other day.

 

Thanks

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

Link to post
Share on other sites

I haven't seen this happen yet but have seen in cases where A&L have tried closing an account where they rang Financial Ombudsman who advised that the banks couldn't do this, you could always call them and ask them and tell them you are claiming back bank charges and see what they say. Good Luck.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

Link to post
Share on other sites

Hi all. OK just going through some of the bank statement i do i have whiole waiting for my DPA requested statements to come through. A question has arisen.

 

I'm a RBS Royalties customer and pay a £6 monthly subscription to this. Now i know I cant claim this back but the problem is that on the 24th of the month the RBS take this £6 plus whatever maintenance charge (this month £28 but Febraury's was £90) and heap them into one charge on the statement.

 

What i would like to know is.............when enterring the charge onto the spreadsheet do I just enter the value shown minus the £6?

 

Thanks people!

 

 

PS........i've only calculated back til February but already i'm at £425!!! Cant wait for the rest of my statements!

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

Link to post
Share on other sites

Anyone :-s

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

Link to post
Share on other sites

Pretty please. Really dont want to drop the ball this early on.

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

Link to post
Share on other sites

Hi all. OK just going through some of the bank statement i do i have whiole waiting for my Data Protection Act requested statements to come through. A question has arisen.

 

I'm a RBS Royalties customer and pay a £6 monthly subscription to this. Now i know I cant claim this back but the problem is that on the 24th of the month the RBS take this £6 plus whatever maintenance charge (this month £28 but Febraury's was £90) and heap them into one charge on the statement.

 

What i would like to know is.............when enterring the charge onto the spreadsheet do I just enter the value shown minus the £6?

 

Thanks people!

 

 

PS........i've only calculated back til February but already i'm at £425!!! Cant wait for the rest of my statements!

 

Ok I found your thread;) .....I do remember reading the question before but felt like I couldn't answer the question properly so I didn't reply.

 

I would say that if they haven't bothered separating the charges on your statement then claim all of it. In my opinion, they haven't supplied you with accurate information so why should you do the work for them.

 

But, maybe it would be sensible just to take £6 off every month so that they can't use this as a stalling tactic and dispute your spreadsheet.

 

Up to you really.

 

Wxx

Link to post
Share on other sites

thanks willow.

 

I've done exactly that. Just taken the £6 off the charge and on the left hand side of the coumn put a breif description in.

 

Just so scared fo doing something 'legally' incorrect and messing things up!

 

I really, really want this win!!!

 

Thanks :)

 

Gav

14/09/2006 - Data Protection Act letter sent to my bank.............here goes :D

28/09/2006 - Statements received through the post. Charges appear to be in the region of £2000 :eek:

04/10/2006 - Prelim letter sent for charges of £2037 :rolleyes:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...