Thanks IMS... again. I will be calling them again in the morning but with the staff only reading a screen I never get anywhere. Proving the charges were a direct result of PPI is surely clear cut. For instance, when the first payment was applied to the account, say of £50 and I was less than that over my limit but charged for a DD then it was a direct result. The following month another £50 was applied, making £100 PPI plus the first charge in total but again not over the limit by that ammont but still charged for something else... and so the amount rolls on. My problem with sending another letter is that they seem to ignore anything related to charges as a result of PPI hoping that I will accept and go away. I have had chats with the FOS and they have stated they will take the charges claim on and that it should be straight forward but I have also seen a post on here where the FOS turned down a similar case as he should have know PPI was applied to the account, I Will try and find it and put a link on here. I cannot help but wonder why the RBS are stalling, is it the current accounts moving to Santander so it becomes their problem or hoping it goes on for six months and then I cannot pass it to the FOS? If I get no suitable response I think I will take this straight to court but I was hoping i could contact someone in the bank who might see sense and stop it getting that far.

I am still getting no where with the charges part of this, nobody at the PPI dept has taken any notice and the only time I get any info is when I call them. They had my letter explaining I want the charges back that were a result of PPI in early Feb. Does anybody have any contact details for someone within RBS who might listen to me before I take this further? I have seen another post on the RBS forum at http://www.consumeractiongroup.co.uk/forum/showthread.php?338589-RBS-SAR-Request with the contact details of three ladies in Risk \ UK Retail, would it be worth mailing them. I need to make them aware of how serious I am about this, I do not intend to let the matter drop just because they are ignoring me. If it were the other way round I would have had countless letters from debt collectors by now.

Don't worry, I will be doing it myself. I've had lots of fun with the reclaiming PPI phonecalls, my record so far is almost 15 minutes on the phone until I tell them I've got quite a bit back by just using a few stamps. More effective than asking to come off their list, they never ring back!!

I have just been clearing my loft of old paperwork and found statements going back to the mid 90's showing PPI on two storecards from Burtons and M & S, both started in 94 and cleared in 1999. Is it worth trying to claim the PPI back on these? Has anybody had any results with these two?

Thanks IMS, do you think the wording is OK or a little heavy? Another thing that may go in my favour with the FOS is that I have tried to give the bank a chance to rectify the situation. I was really annoyed earlier when the number given to me by the PPI dept for the charges dept took me to a recording about the FSA ruling on bank charges... try it 0845 3030 442

Letter ready to go. If I push this, is there a chance they could retract the offer and tell me to go to the FOS instead? Does this sound pushy or over the top? We feel we made a reasonable offer in our letter dated the xx February to bring this complaint to a swift and sensible conclusion. Please reconsider your position on this matter as we have been advised by the FOS that if you continue to refuse acknowledgement of the charges relating to PPI we can pursue the matter as a separate claim against yourselves.

The RBS are really annoying me now. Called the PPI dept who explained I need to speak to the charges dept and refuse to admit the charges are part of this PPI claim despite the FOS guidelines. The number they gave me only has a recorded message giving the rubbish about how the banks won the case about charges in 2007 then goes dead. RBS, you have thousands of my money taken illegally and I want it back.

Called the FOS, if they refuse to consider the charges part of the PPI claim I can accept the PPI offer and persue the charges as a seperate claim which they would be happy to take on. I stopped short of registering the complaint as they advised to call the PPI dept at RBS and let them know i have had an informal chat with the FOS first to see if that gets a result. No time at work today so the call will go into them tomorrow.

Never asked them that and had no explanation as to why it was applied, what would it achieve? The OD was arranged on the phone to our adviser at the bank, it was a yes over the phone, put in place but as you said earlier no CA as it is an OD. Never asked if we wanted PPI, it was applied by the bank automatically. The first we knew of it was when we paid off the OD and received a letter saying the loanguard was now cancelled.

In the case of PPI refunds, does the fact that there is no Credit agreement on OD's have any bearing on it?

So, I take it that PPI on a OD works in a similar way to PPI on credit cards, you have a balance outstanding and the PPI is applied as a percentage of the balance. In which case the FOS guidline below cover this. The reconstruction of the credit-card account, to work out what the current balance would have been (where the account remains open) – or what the closing balance would have been (where the account has been cleared or closed) – if the consumer had made the same monthly payments but without PPI. This should be calculated by deducting the PPI premiums and the interest and charges that resulted from those premiums (including those arising because the ongoing monthly balance on the credit-card account was higher than it would have been, if the consumer had made the same payments to an account without PPI). If that is the case, are the RBS PPI dept playing me for a fool who will just go away, surely they should know the FOS guidelines? Tomorrows calls, first to the FOS to let them know how the RBS are dealing with this and to ask about charges on a seperate claim if I accept this offer. Then to the RBS PPI team to remind them of the FOS guidelines and the possibility of a payment for distress and inconvenience – for example, where the financial business rejected a complaint that it knew (or should have known) that the ombudsman service would uphold, followed up with a letter stating the same. Then to find out who at the bank is now dealing with the charges part of the claim and to remind them of the same guielines as I have the PPI dept. IMS, thanks again, you are a big help.

Just found this... http://www.consumeractiongroup.co.uk/forum/showthread.php?283400-Claiming-back-bank-charges-%96-The-PPI-approach

IMS, I don't think proving a mis-sell would be a problem, the PPI was applied to the OD without even asking us if we wanted or needed it. I have looked through the FOS case studies and can find no mention of refunded charges, do you have the link please? I might call the RBS and use that as a polite nudge. I wonder if now it has gone off to the charges people at the bank they wll realise that the fees should be refunded? The synical part of me thinks they are trying to get me to give up and accept what on face value appears to be quite a lot of money. The refund does appear to be the correct ammount and I would accept it if it were not for the fees but if I were to accept it, does that full and final prevent me going after the charges on a seperate claim? If I do take it to the FOS, could they withdraw the offer and then we start all of this again? I really would prefer to keep this between me and RBS and reach a fair conclusion but I think there is my problem, I can be as fair as I can but will the RBS?

I sent the letter to the RBS a few weeks ago and have had the reply of charges are not PPI and they have forwarded my complaint to the relevant department, I can't help thinking it is a polite brush off. Before sending the letter I called the FOS who advised me that if the charges were a direct result of wrongly applied PPI then they should be in the same complaint, I never advised this in my letter to the RBS. If I can prove the charges were as a direct result of mis sold PPI, and I can from the SAR, what would be the best response to this? The refund is almost a 5 figure sum, including interest at the OD rate plus the 8% required. My argument would be that I would never have been this ammount over the OD limit (less the 8%) so as far as I am concerned, all charges since PPI was applied should be refunded, is that a valid argument? In my understanding a PPI refund should take you back to a state of not having had it but without the charges refund I will not be.

IMS, as ever thankyou. I will put a letter together this afternoon and let you know how I get on.

Thanks for the reply. If I can prove, and I think I can once the SAR arrives, if I sue them what would be the chance of success? I take your point about the 8% but if I incurrred a £35 charge in 2004 then I have been paying for this at the OD rate since it was applied to the account. If PPI had not been applied I would not have had this charge, so do I calculate the 8% onto this or just the OD interest rate? If I reply to them stating that I feel that there are charges that have been incurred as a direct result of PPI being applied to the OD and ask for a one off payment. In return I would take no further action, would the bank consider this?

Still wating for a SAR response but... Received a letter from RBS this morning explaining that the complaint has been upheld and they had made me what at first glance seems a decent offer. It includes the refund of premiums, compound interest on premiums paid at overdraught interest rate and the 8% required. They have not offered any refund of the charges for going over my OD limit as a result of the premiums and interest added due to the missold PPI, should they? I understand the refund should put you back to a position of not having had the PPI so the charges should also be taken into account when calculating the refund. Also, what about financial problems caused by the PPI and interest? Such as Direct Debits not being paid because the OD PPI and interest taken wrongly meant insufficient funds in the account to cover them. If the charges are a vaild refund request, how would I calculate the ammount when the SAR arrives? I have just done a quick spreadsheet from a £35 charge from 2004, added OD interest rate of 18.75% then added 8% to that figure, carried this over to 2005 and added OD interest and 8%, is this correct?

I wonder if you can help? My son was a student and rented a house with 5 others. He and another housemate were the names on the water bill for the property with the other 4 contributing their share towards the bill. He informed TW in June that they were moving out and was told a final bill would be on its way. They moved out in August but no bill arrived untill October when they had all moved out, sent to the address they had rented. He has received a bill here at home, he fully intends to pay the full ammount now and then get the money owed by his old housemates towards the balance afterwards. The problem is TW have now defaulted him. Is there a way to have TW remove the default as he has had no problems in the past and does not want his credit file ruined by this? I feel he is partly to blame for not chasing the bill but as he made TW aware he was moving out in August and the bill did not arrive until October then they should also be flexible and remove the default when payment is made. Any help very much appreciated for a worried son.

Why are these claims companies still allowed to operate like this? Have I read this right? They make a claim for you, if you are only half way through the PPI policy and it gets cancelled, they can say they have made your loan repayments less without PPI and claim commission on what they have saved you in the future?

Yes, loan 2 was a refinance loan but the figures from both outputs do not match, forgive me but I would have thougt they would. For isntance, on the individual loan output loan 1 has a refund for loan settlement that include PPI but the consolidated report shows the same loan as having a zero ammount under the same description. What would have been the rescheduled repayment ammount is also different on both outputs for loan 2. Something doesn't seem right.

Thanks IMS. any thoughts on the attachments?

Individual loan output and consolidated report. I will get the SAR off as the PPI reclaim I have in for loanguard on the overdraught will need checking. They might need a pretty big truck to get it all to me though. When I SAR them, as most of it has been a joint account do we need to do two individual ones or one for the both of us? individual_loan_output.pdf consolidate_output.pdf

I do not have a scanner but I have copied the details from the outputs to an excel file, can I post that? I never sent a SAR, I was hoping that this would all get sorted without one.

Received offer breakdown today and I am a little confused with the ammounts, can anybody help? I have received two breakdowns listing both loans, one an individual loan output and another a consolidated output but both show different figures. The offer on the indivudual output shows an offer of £5400 for loan 1 but nothing for loan 2, loan 2 is listed but has a zero figure for total offer. The consolidated offer shows an offer for both loan 1 and loan 2 but the total does not match the individual loan output figure, almost splitting the offer above but when adding together does not match the ammonut on the ind loan output. Can anybody shed any light on this please?

But can they turn up and attempt to take the car before the DN rectify date? The hide the charge as a missed DD?