I have read all the FAQ's and I know the Statute of Limitations is 6 years but if the account in question is closed, does the 6 years start from the date of closure or is that too much to expect! When I claimed from the RBS I only calculated charges for 3 years from 2003 when I closed the account. Was I right?

I have read all the FAQ's and I know the Statute of Limitations is 6 years but if the account in question is closed, does the 6 years start from the date of closure or is that too much to expect! When I claimed from the RBS I only calculated charges for 3 years from 2003 when I closed the account. Was I right?

Six years from the date of the charge.

Thanks for that! But just to be clear (and sorry if I'm being dim), do you mean I can go back to 1997 - 6 years from closure of account?

I sent my preliminary letter to RBS re charges on my closed account on 3rd April and received a phone message this morning saying they had received the letter and would be in touch in 5 working days! So far so good!

Excellent, keep us posted.

I received a response fairly quickly to my first letter aswell. But unless your asking for a smallish refund, then the next letter you get will be "get stuffed"!!

Well, that won't frighten me off! I'm prepared to fight on!

Wilma

6 years from the claim date!!

you put in a claim today then you can claim back 6 years from today-07/04/2000

Thanks Wintermare! That's what I did. Seems obvious now, didn't at the time!

I've now had a letter from Allison Dingwall, Customer Care Team Agent! They can't find my account! I have checked and re-checked and I did give them the right account no. and correct branch. Not very confidence-inspiring is it?

Perhaps a phonecall in order - but don't let them push back the 14-day deadline.

I only got letter responses some time in to starting legal action. Speaks volumes IMHO.

Phoned Alison Dingwall this morning as Alan suggested. Confirmed my account no., gave her the branch sort code and told her it had been a Royalties account and when I closed it. She still cannot find the account and I'm wondering if it was ever closed properly and is now in banking limbo!

I was too quick off the blocks then! She has just phoned me to say she couldn't access the account because it was closed too long ago. She has had to order the statements and expects them early next week. She will speak to me again on Tues or Wed - that's actually the first 14-day deadline!

If they do leave it until the very last day to respond by phone then don't give them more than a couple of days to put it in writing - and remind them at the time that they are actually on the deadline.

I've just realised that Easter is in that period so presumably that gives them another couple of days grace. Also, do you count 14 days from the date of your letter or the date they are presumed to have received it?

They apply interest at weekends and Bank Holidays - therefore why should we suspend action on those days?

Excellent point. Thanks!

I'd allow them some more time (not too much). Statements are only produced once a week I believe so it may take a few days longer for her to get your details back.

What she says is true that if its been closed over a certain time ago (more than a year i think) then it won't appear anywhere on system. Give it at least til this time next week I'd say.

Good luck

I wouldn't wait - they will have had 14 days. I am sure that they won't be closing their call centre over the holiday. That means they will be ringing people up demanding that they get paid - so why shouldn't we write to them demanding that they pay up?

It is up to you - but I would get the LBA sent.

Got a letter this morning from Simon Lamb Customer Care Team Agent.

One interesting paragraph says "We have reviewed your account for the period specified in your letter and note that there have been a total of £980.00 charges made to the account. We also note that a total of £638.04 has already been refunded in this time" (a likely story!) "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."

I actually asked for £880 in charges (I also mistakenly included the debit interest making a total of £938.30) and I am absolutely certain that they have never never never refunded £638.04!!!!! I've found £97 refunded that's all. I've checked and rechecked my statements and I can't make these figures make sense and wonder if this is a delaying tactic. I want to send the LBA off today and wonder if I should mention these discrepancies in it or wait till I get to court! Can someone advise me please.

It could be a delaying tactic

Either

Go ahead with the court action for the £880 charges applied - £97 refunded already.

or

Ask them to provide a detailed breakdown of when charges were refunded

Thanks so much Good Samaritan! What a good idea. I think it would be really interesting to see a breakdown of the refunds. I can't find any evidence of so much being handed back. Thanks a lot for your help.

I sent the LBA today with the addition of the following paragraph:

"Thank you for your letter of 19th April 2006. Even after adjusting the period of the claim for time elapsed and so outside the Statute of Limitation period, I cannot match your charges to what I have found. I also cannot find any trace of the ‘total of £638.04’ which you say has already been refunded. The most I can find is £222.62 which, when this is deducted from my total of the charges imposed (£930), brings the total charges imposed by you to £707.38. As I have all my statements for the above account, I would be most interested to see a break-down showing how you arrived at these figures, a) for charges and b) for refunds."

Hope that's OK.

Im not sure if this is relevant to you but when I was examining some woolwich statements for my son he told me he had been refunded 230 pounds which had been levied incorrectly, it was recorded on the accounts as cash in the credit column and not a refund.

This confused me for a while

Woolwich have on two occasions recorded refunds this way.