Hi new user here, trying to claim my bank charges back from RBS and being doing some research on the internet. Drafted this letter below and going to send tomorrow to my local branch (unless someone can suggest a better address?). Not really sure what I'm doing to be honest so any help is brilliant, and realistically what are my chances of getting a refund?

[My Address]

 

27/05/2011

 

Dear Sir or Madam,

 

Re:

 

Account number:

Sort Code:

 

I am contacting you to ask you to repay the charges that you have applied to my account since December 2007.

 

It has come to my attention that the 'fees', 'penalties' and other names that you have given for the charges that you have applied to my account in respect of exceeded overdraft limits, late payments, direct debit payments causing my account to go overdrawn and so on are unlawful in common law, statute and under consumer legislation. Under the Unfair Terms in Consumer Contracts Regulations 1999 charges must reflect administration costs and cannot be punitive. I believe that these charges are unlawful as they do not reflect the true cost of going into an unauthorised overdraft.

 

It is an implied term of that contract that you agreed to at the time I opened my account that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them and your concealment of the true nature of your charges has prevented me from asserting my rights until now.

 

I have calculated that you have taken £530.94. I have also provided a breakdown of these charges for your attention.

 

Additionally you may have entered a default notice against my credit record. If this default occurred merely in respect of unlawful charges levied by you or was the result of my account not having enough money available which was caused directly by the taking by you of penalty charges which you had applied unlawfully to my account then I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment, the 14 days to start from the date on this letter. I believe that this target is more than sufficient for a large company such as yours with dedicated staff and departments. Please also note I have sent this letter recorded delivery to ensure it reaches you.

 

If this is not done, I have been strongly advised by my accountant to begin a claim against RBS in the small claims court for the full amount, plus interest and my costs. I will also cease to use this account and take my money to another one of the banks which is not associated with RBS.

 

Yours faithfully,

Me

Send it to head office. Local branch is a waste of time..

I kept my sons letter simple but was heavy on.. Your charges were for charges..

And finished off that any reply other then £750 charges being canceled was not acceptable and would refered to the ombudsman.

They agreed.. See my letter on natwest charges post My son phoned them to accept and it was agreed default will be removed as well

I would delete the courts bit and add about ombudsman... It will cost rbs. £450 if you complain them. You still use the courts at a later date

Send it to head office. Local branch is a waste of time..

 

I kept my sons letter simple but was heavy on.. Your charges were for charges..

 

And finished off that any reply other then £750 charges being canceled was not acceptable and would refered to the ombudsman.

 

They agreed.. See my letter on natwest charges post My son phoned them to accept and it was agreed default will be removed as well

 

I would delete the courts bit and add about ombudsman... It will cost rbs. £450 if you complain them. You still use the courts at a later date

Thanks mate, I've been told this letter is out of date and instead lead off with complaing of financial hardship? Been given another letter so think I will send that.

can you post up this letter for others to use?

dx

xxxxxxxxxxxxx

xxxxxxxxx

xxxxxx

xxxxxxx

xxxxx

ACCOUNT NUMBER xxxxxxxx 14th May 20011

BRANCHxxxxxxxxxxxxxxxxxxx

I am in reciept of you letter dated 9th may 2011 concerning an unarranged overdraft which is occurring a daily fee of £6. And your threat of using a debt collection agency

The back grounds to this account is that i went overdrawn by £4.63 and the overdraft is all your fees even though i have paid £180 into the account

I can confirm i have made no withdrawals or payments from the account. your states that i have. The only payments added to the account are your charges.

Your are adding unjust and unfair charges to the account for your own charges

I have tried to resolve this with my local branch but sadly Customer Services do not exist at this branch..

I therefore ask to to review the account and write off all your charges and refund 50% of the charges i have already paid on the £4.63 debt

Please take this letter as account in dispute

I look forward to a timely response

If the charges are not cancelled and should you still decide to pursue this debt. I will make a formal complaint to the financial ombudsman service and complain to my local MP on these unfair charges

Xxxxx xxxxxx

their reply

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