Am assisting a person with a disability. He did not need to request statements as had original 6 years. He created his own list of charges which included Charges, Interest and Referral fees but his letter requested they repay the charges only which amounted to 1564.90

Having no luck with RBS he sent a follow up letter stating if he hadn't heard within 14 days he intended to claim the full amount together with interest. They did respond offering a small amount. He wrote again stating offer was unacceptable and that if he had not received a satisfactory offer within another 14 days would claim full amount together with interest up to the date of judgement and court fees and said he would commence court proceedings on 30 March if not heard from them. This was done via MCOL as no satisfactory response from RBS. Cobbetts defended claim and court date (small claims track) is set for 28 June. I see that Royalties Gold Account's charge £12 month which is incorporated in the charges on the statement, so should this £12 have been deducted from the claim?

The £12 monthly fee should have been deducted from the claim as this is a service charge.

If you need to amend the claim use this form http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

Thanks Rory32, so that I understand fully then, when Advice of Service Charge for a certain period states:

The charge is based on a Maintenance Charge of £28.00

Plus a fee of £12.00

Service charge to be applied £40.00

This means can only claim for the maintenance charge of £28.00

Sorry to be so thick!

Your not being thick - it can be a little complicated at first re wht you can claim back and what you can't. It's better to ask than just plough on.

The £12 fee is a monthly fee for this type of account (and the benefits that go with it - personally I would advise against holding this type of account as most people pay the monthly fee but never use any of the benefits). You can not claim this back. You can only claim the £28 maintenance charge back as this is a penalty charge (so is an unlawful charge).

Thanks Rory32. When taking into consideration the charges claimed which were unjustified, the disabled person I am assisting has decided to accept the RBS offer. So that I don't do this wrong for him, please confirm that if he signs the form which they sent him stating "I accept the offer in full and final settlement" should he send a accompanying letter saying payment is to be by cheque as he closed his account a while ago and should he wait until cheque received before informing court the claim has been settled. I am worried about the time because the directions applying to the claim need to be with the court on 14 June and I really am exhausted with this and don't really want to work on it much longer.

should he send a accompanying letter saying payment is to be by cheque

Yes - even if the acount wasn't closed it is his money to do with as he wishes.

should he wait until cheque received before informing court the claim has been settled

No - he should wait until the cheque has cleared his account before informing the court the claim has been settled. Until the cheque has cleared his bank account he does not have the sum of money agreed as settlement.

What do you think the chances are of him receiving this cheque and it clearing in his account before the 14 June if he sends his acceptance letter Tuesday 29 May?

If he hasn't received it or it hasn't cleared you can ask for the case to be set aside (this does not cancel the court claim, only delays it). I would ask the court clerk about this - they will be able to advise how you do this.

Thanks for all your advice, will speak to the court clerk on Tuesday. Thanks for your guidance. The person I am helping has been deaf since birth and has numerous communication difficulties. Why the bank sold him this type of account I do not know, or do I!!!

I think we both know why the did Sue. Unfortunately it's just another example of their abhorant business practices.

Well, clocking off for now and will resume on Tuesday.

Just had a thought about the £12 fees. You could complain to the bank about misselling the account. This onviously would be a seperate claim from the bank charges.

The banks then have 8 weeks to resolve the matter. If they don't resolve it after 8 weeks, or have sent you a definate no your not getting any money back letter, you can make a complaint to the FOS who may find in your friends favour due to his disabilities. It's always worth a try - although I would wait until your friends got his money for the unlawful charges first before making the misselling complaint.

Yes it had crossed my mind as I know he wouldn't of understood the terms of the account. However I'll deal with the unlawful charges first. Do you think this wording in the letter will be OK:

"I wish to accept your offer of ........but only with the following conditions:

1) the amount is paid to me in a cheque made payable to me.

2) When the cheque has cleared I will then inform the court I have agreed settlement.

I have signed your acceptance form and marked it accordingly with these conditions.

Sounds fine.