Claim against RBS for wasted time

[heliosfa]

Hi all,

 

now that I am getting ontop of my OH's matters, and having sorted out some Abbey charges that were worrying her, I've decided to turn my attention to RBS.

 

Basically, my OH was struggling with some Abbey charges in Jan. I said to her enough is enough, go get a bank account elsewhere and we will get Abbey to investigate their charges as hardship (they did, and refunded! :O ). The "elsewhere" I suggested to her was RBS as I have been with them since I was six, and my parents have been with them for donkeys years.

 

SO she went to the branch on a Saturday and it was packed, they made an appointment for her to come in the next Wednesday to speak to an adviser. She attended this appointment and was very honest with the adviser, telling them that she has a bad credit file with a default or two.

 

Adviser said "not a problem, give me your details and we'll see what the computer says. Whatever it says is what you are eligible for". Lowe and behold, the computer spat out "Royalties Gold". OH only wanted a normal current account and an ISA. The adviser assured her this would be fine as the computer had said Royalties Gold.

 

Adviser then went and setup both accounts with my OH and gave her two letters (one for ISA, one for Current Account) saying that the applications had been processed and that the accounts were open. OH confirmed she could start to use the account, which the adviser confirmed and advised her on transfering the Direct Debits etc.

 

OH then transfered all of her direct debits and incomming wages to the RBS account. I then tried to transfer some money to the account that weekend only to be told that the account does not exist...

 

OH then calls the branch on the Monday who say that they can't see why it has been closed, only that Head Office did it. OH then receives a letter from Head Office saying taht they have closed the account after a credit check and that they are allowed to under the terms & conditions. At no point was she told that her account would be put under further review and as far as she was aware, they had already done a credit check on her in branch.

 

I had a look through the Ts & Cs, and the only reference to them closing the account is by giving 30 days notice, or immediately if certain circumstances apply, one of which is being "entitled". No where else in the Ts & Cs is entitlement mentioned, nor is using CRAs to determine entitlement/eligibility.

 

As such, we responded to RBS pointing this out, and saying they had wasted atleast 5 hrs of my OHs time and caused a fair bit of distress by their "Breach of Contract". We requested either they sort their "breach" or that they pay damages/compensation for their breach. They then responded with a "After review, or decision still stands" type letter.

 

What I was wondering is:

Have they actually breached contract?

If they have, how likely would we be to be able to claim damages/compensation?

Thoughts/opinions/criticisms welcomed and encouraged

 

Thanks,

H

[heliosfa]

bumpy, anyone got any thoughts please?

[craigers]

Doubt there is any scope for compensation. I imagine the bank have a cooling off period in the same way a customer does.

[heliosfa]

hmm, not in the Ts & Cs if they do!

[heliosfa]

Ah well, guess it was a pipe dream! just seems really naff that they can get away with wasting people's time like this...

[Sparkie1723]

They are in breach of the New Banking Code of Practice May 2007.

 

Have a look at that you will find a way to get at them if you cannot find any other.

In any event there is a law called Estoppel which prevents someone going back on a contract ...its not very well known and very seldom used.

 

sparkie