Rbos Final Response - Not Full Amount

[brydonj]

Hmm .. I might come off worse though

[alisonmcmorrin]

This makes me mad!!!!

After winning in November, the bank are still charging £38 for an unpaid item!!

I was of the understanding that the OFT regulated the charges and banks should not be charging more than £12 per item?

Is this right?

If so, should I contact the OFT and complain.

 

Also RBS take out any unpaid item charges on the day they are sent back unpaid, DUHH, if the item has been sent back unpaid, there is NO MONEY there to pay the charges either, oh but wait, that means they can charge us the next month for going overdrawn, and charge us any interest that has taken us overdrawn!!!

 

I had a HUGE fight with someone from RBS as it DOES NOT STATE IN THEIR TERMS AND CONDITIONS 'when' they take the money out!

I have stated in under no circumstances are they allowed to take any of MY money from MY account without enough prior notice!!

 

Is this right also, if so I will soooooooooo be taking this further!!!!

 

Alison

[livelylad]

The OFT ruling was not for banks it was for credit cards. A letter to the bank informing them that you will not accept any charges on your account is the next step. Please be aware that if you continue to incur charges they can close your account.

 

Can you reduce your signature size please.

[alisonmcmorrin]

Thanks

I thought it was banks too? Never mind.

I have wrote to them informing them I will under no circumstances allow them to take money from my account without prior notice or knowledge.

Will wait and see what they come back and say!!!!

[alisonmcmorrin]

Has anyone else had dealings with RBOS where they take money out without telling you, as it is NOT in their terms and conditions, therefore they are illegally taking money from us without our knowledge!!!!!

[alisonmcmorrin]

Has anyone had a response from RBOS credit card (letter issued from Cards Customer Services) offering a settlement which is not the full amount???

I am claiming £420 from them in charges and they have offered £152.69 'the difference between our original charge and the current £12 late payment charge'.

I sent the accept as part payment, but will pursue the rest letter, and they have sent a reply stating the same, they are still only offering £152.69 as final response.

Not sure what to do. Has anyone else had this from RBOS?

Normally would pursue claim but not sure.

Help! :o

Alison

[alisonmcmorrin]

Have decided to reject and continue with court claim, whadya think?

[rory32]

Continue with your claim. RBS must have started to read Capital One's letter. Cap One have been sending the "we will give you the difference between the original charge and a £12 charge" for some time.

 

If a charge is a penalty charge you are due the full amount back.

[alisonmcmorrin]

Cheers will keep you posted.

[alisonmcmorrin]

Decline letter away giving them till Friday 15th, as LBA was 9th June but offer recvd after, or away to court!

It is only for £420, am sure they can afford it!!!!!

[djmac840]

Hi Ally

 

received offers pretty much the same way as yourself phoned them up to see if a proper settlement could be reached before court action but they said whatever was in the letter stands asked them to reconsider putting them on the spot (I hate paperwork) to no avail so I am just filling in the claims summons just need to get it right

[alisonmcmorrin]

Let me know how you get on, they have till Friday with me, then off to court!

Alison

[alisonmcmorrin]

Hi

Still nothing back from them except the same letter offering the same amount of £152.

Have been on holiday so have not done anymore.

 

They state the £152 is the difference between the £12 and £20/£25 charges that have been applied.

Not sure if they are allowed to do this.

Should I accept the £152?

Any help appreciated.

[Yanni]

Hi Ali

 

I'm battling with another credit card co and am aboot to send the following letter - I note you are also in Edinburgh so it suits you with the threat to go to court!! - you are free to cobble it if you want to suit your circumstances - whether this will do any good I don't know but it gets to the nub of the problem - if the Irish banks default fees are so low, and let's face it we would mind paying these levels, then why aren't UK bank's the same, of course too much profit, that's why - Good Luck

 

Dear XXXXX

 

 

Your Ref : XXXXXXXXXXX

 

Re. Account No.: XXXX XXXX XXXX XXXX

 

 

 

 

 

Thank you for your letter dated X XXXX 2007.

 

I respectfully decline your offer as a final settlement and request and once again request that you return to me all charges imposed on this account totalling £XXX.00.

 

You state that by signing the credit card agreement in February 2004, I agreed to the terms and conditions including the fees. This I do not dispute. What I do now contest is the level of these fees as they do not correctly reflect the true cost of their application, and are therefore penalty charges deemed by both statute and common law to be unlawful.

 

In your letter you state that the Office of Fair Trading has not challenged the right of banks to charge default fees, but merely the level of the fees. It is this level of fees that I dispute.

 

I enclose for your benefit, a print of credit card, default fees in Euros, highlighted in green, as applied by AIB (Allied Irish Banks plc) with the sterling amount in red. You will note that the highest fee in sterling is not even £.3.00. I believe these fees are applicable to all banks in the ROI.

 

If these Irish fees reflect the true cost of applying default fees, which I am sure they must do, then this makes the £12.00 fee which you state to be fair, to be excessive and thus a source of extra profit and therefore unlawful as described above.

 

I defy you to prove otherwise.

 

I will accept the sum of offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder of £XX.00 by raising a Small Claims Action at the Sheriff Court in Edinburgh if necessary and asking the Court to grant me contractual interest of 34.94% APR to be applied to the sum of £XXX.00.

 

I give you 14 days from XX XXXX 2007 to reply positively to this letter by increasing the refund to £XXX.00 otherwise I will apply to the Sheriff Court as outlined above.

 

I trust this clarifies my position.

 

 

 

 

Yours sincerely

 

 

AIB - Fees and Charges

 

 

Allied Irish Banks plc Credit Card Fees

3. Late Payment Charge

Should payments not be made in accordance with the Conditions of Use an administration charge of EUR3.81 will be debited from the cards account. £2.55

4. Over Limit Charge

Should the account be operated in excess of the Credit Limit, an administration charge of EUR2.54 may be debited from the cards account. £1.70

5. Returned Payment Charge

Should any payment either by cheque or direct debit be returned unpaid an administration charge of EUR4.44 will be debited to the card account. £2.99

[alisonmcmorrin]

Thanks

Well said, letter is on it's way.

I think they are cutting back due to someone losing in court, but that is only 1 person. Surely they don't want to risk losing for under £500!!!

Will give them one more chance, then off to court.

Thanks for your help and will keep you posted.

Alison

[alisonmcmorrin]

I received an offer from RBOS which is less than half of what I am claiming.

They state they will refund me the difference between the £12 and £25 and this is their full and final offer.

I sent a partial acceptance letter and they still came back and said this is their final offer.

Should I accept this :-|

The time limit for LBA is up, but not sure if I start a court claim, that I would win??

[kennythecelt]

hello and nice to meet up with you!

 

I noticed that you have posed the exact same question on the HBOS Forum, with the same offer details ie bank assuming £12 charge and offering you the difference?

 

Is this correct and both banks are offering the same type of settlement?

If so, this sounds like an apparent change of tactic.

 

Please expand and confirm.

 

Many thanks.

[kennythecelt]

Hi. Given your reply on HBOS forum, and you have 2 seperate offer letters, from RBS AND HBOS, this sounds, on the face of it, like a change of offer tactics. I will refrain from mentioning colusion at this point!

 

Would you mind typing in both offer letters please. One for rbs, here, and one for HBOS, on your thread there. This would allow further consideration by our experts!!

 

If this turns out to be the case, I am wondering why, at this stage, 2 seperate banking groups have suddenly started what appears to be a new offer tactic. I have no experience of RBS but a fair bit within HBOS and HBOS used to offer

 

refusal- "our charges are fair- SO GET LOST"

50%

100%.

 

Please post this info when you can.

 

Thanks Kenny:-)

[annifridsl04]

They did that with me...but I don't understand where they got the figure from as when I worked mine out I deducted the current account fee & came out with £500 more than their offer. I did what you did & sent a rejection of final offer and acceptance of partial settlement...I got another letter back as you did saying that it was their final offer...so I ignored it and proceeded to the court stage & I am about to send the AQ back with £100 chq.

 

But thats just what Ive done. It depends on your situation, I'm lucky that I can wait for the money and I firmly believe that they should give you the full amount.

 

You should post your letters as Kenny advised & wait for an expert. As I could be wrong in what Ive done.

 

Good Luck

Anni

[alisonmcmorrin]

HI

Again sorry about the delay in responding, have been soooo busy.

 

The letter from RBS states:-

 

Thank you for your letter ..........

As we outlined we explain all of our T&C's including our fees and charges at account opening and they form the basis of your agreement with us. We must therefore, disagree with the views expressed in your letter.

 

If on reflection you would like to accept our offer of £152.69 (claiming £498) as outlined in our previous letter.......

This figure represents a refund of the difference between our original charge and the current £12 late payment charge.

I would re-iterate that this should be taken as the bank's final response.

.......

 

I have sent another partial acceptance letter and they have 7 days.

 

Will wait and see if they get back.

[Douglas52]

I think the difference is the credit card- we have one claim against the RBS current account which was settled after small claim lodged but before court hearing. The other claim against an RBS credit card was offered the difference between the old and new charges- we refused, went to court for the first call. The court set a hearing date of 4th October. Yesterday we received a phone call from the RBS solicitors offering settlement of full amount without interest or court fee and with a gagging order and no default removal- we've just refused this its only for £180 so I fancy a day in court- BUT I reckon they'll fold before the date. Stick to your guns and remenber to complain to the Law society if they settle before the hearing- they're just abusing the court system- when solicitors are duty bound to act in the best interests of the court!!!!!

[alisonmcmorrin]

Hi

 

I claimed for my bank charges and was successful in 2006, but have had more charges since on the same account.

 

Has anyone claimed again and had success???

 

Thanks

[**Tilly**]

Hi

 

Yes many have claimed again and are still doing so, only this time it may take longer

due to the on going test case, but start your claim that way you will be in the system:)

 

 

 

 

Tilly

 

[alisonmcmorrin]

Thanks Tilly

 

They are getting worse aren't they.

 

Starting my request tomorrow!!!!

 

Alison

[maroondevo52]

 

Has anyone claimed again and had success???

 

 

And again, and again, and again

 

Good luck with that.

 

Regards.

 

Scott.