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.


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
    Basic Account Holder Andy Mc1 Novitiate

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    Cagger since : Aug 2006
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    Default RBS tactic?


    I recently discovered a 38 charge on my account for an unpaid cheque due to insufficient funds - the cheque was subsequently re-presented and cleared. I wrote to RBSicon seeking the return of my money on 25 September and had no reply. I phoned my branch today (10 October) and was told that the bank would return my money providing I signed a letter stating that I would not seek any further refunds for charges on my account. They would send a letter to that effect and would not return my money until I returned it with my signature.

    Am I right in thinking that (i) this is inconsistent with the law, as RBS have unlawfully imposed a punitive charge?

    (ii) Can an individual indemnify a bank when the law is clear over punitive charges?

    Has anyone else received a similar response from RBS?

    Andy Mc1

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  2. #2
    Basic Account Holder penquinabuser Novitiate penquinabuser's Avatar

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    Cagger since : Aug 2006
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    Default Re: RBS tactic?

    You are right in thinking that you have received an unlawful, punative charge.
    Which you can now take action to claim back - follow the procedure.
    The bank has sent you a form of words which seeks to draw you in to a contract wherein your right to challenge the legality of their claims and charges is forfeit in the future.
    To this you can answer absolutely anything you want as they CANNOT take away your right to challenge their charges at any time, whether you say they can or not.

  3. #3
    Basic Account Holder Andy Mc1 Novitiate

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    Cagger since : Aug 2006
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    Default Re: RBS tactic?

    Thanks for reply.

    That was my understanding also. It seems somewhat strange for RBSicon to tacitly concede that they have no legal right to make punitive charges (they offer to refund the charge), whilst at the same time attempting to coerce me into surrendering my consumer rights in perpetuity (to get the refund - sign a letter indemnifying the bank against my lawful rights) which requires a change in current legislation.

    According to staff at the bank, this advice has come from their 'legal team' - who, I presume are aware that the law making body in this country is Parliament not the 'legal team' at RBS!

    I could be lazy and just sign their letter and get the charge refunded, but I am more inclined to tell them that the law is clear on the rights of consumers in this instance, and that all I am asking is that they operate their business within the law.


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