Hi everyone.

I have a Royalties Gold account which has a charge of £12.95 per month.

The charge is normally taken out on the 10th of the month but this month it was taken on the 9th making me £9 OD. My money is paid in on the 10th.

I have today received a letter saying i'm being charged £6 for going £9 over drawn.

If this was a direct debit and they took it earlier I could complain under DD guarantee.

Is there such a thing for standard charges?

Thanks

JJ

No there isn't.

However, if you have a pattern of the charges being taken on the 10th then I think that you would say that it is a term of the contract that they are taken on the 10th.

You are normally given notice of when charges are to be taken. Were you given any warning in your last statement? Have a close look at it.

If you are sure that there has been no warning and if the charge is normally taken on the 10th, then you have good basis for a complaint on the basis of your contract and also on the basis of unfair treatment under BCOBS.

In the first instance you should write to them and complain - but if they reject your complain, you have to decide what you want to do about it.

FOS?

County Court?

Hi, thanks BF for replying.

I have just checked my statement and yes it was for the 9th. But i've had the account for over 2 years now and 22 out of the 24 months has 10th or later.

I've got to go into the bank in the next couple days and will make a complaint, and if they don't like it there are plenty more banks out there.

JJ

Well I think that this single earlier payment breaks a very settled pattern and therefore breaks the contract. The RBS won't agree because they are too stupid and inward-looking. The sudden change in the payment date - in theri favour - is unfair.

When you go in to the bank make sure that you tell them that they are in breach of their TCF - treating customers fairly obligations. Ask them for a copy of the BCOBS guide. They probably won't know what you are talking about. Tell them that you will add their failure to be able to inform you as to your rights will be added to your complaint to the FOS about the change in payment date.

I expect that you will get your £6 back - but you shoujld make the FOS complaint anyway as a breach of statutory duty doesn't cease to be that just because they give you your money back. You could suggest a compensation payment of £50 to drop the complaint.

Let us know how it goes.

Thank you will let you know how i get on

JJ

Hi, went into the bank today. And they are saying that me statements normally get sent out on the 25th of each month and the charges are taken 16 days later. As it was Christmas they sent out the statement early so took the charges early. They are going to cancel the extra charge they were going to take for making me overdrawn.

JJ

Well done.

Thanks for letting us know