Bank have given bank charges back, but wont let us get them out of the bank account!!

[Guest flubdub]

RBS has given us £5000 of charges back.

£2500 covered the overdraft and there is £2500 left in the account.

we went in today to get the £2500 and they wont let us have it because we owe them money on loans.

Regardless of whether we SHOULD pay the loans off or not, ARE they allowed to do this? We didnt sign anything saying they could do this.

Please help, were desperate.

[yourbank]

RBS has given us £5000 of charges back.

£2500 covered the overdraft and there is £2500 left in the account.

we went in today to get the £2500 and they wont let us have it because we owe them money on loans.

Regardless of whether we SHOULD pay the loans off or not, ARE they allowed to do this? We didnt sign anything saying they could do this.

Please help, were desperate.

how much are the arrears on the loans?

[Guest flubdub]

£9304.

I realise this is a lot. We are going bankrupt. The house has been repossesed. and it took us a year to get this money back because of hardship.

But we are DESPERATE!

 

The money was taken UNLAWFULLY, so thats basically stealing, and then they have the nerve to tell us we cant have it, when its sat in a bank account waiting for us!

We didnt know they were going to do this. Shouldnt they have said?

[yourbank]

£9304.

I realise this is a lot. We are going bankrupt. The house has been repossesed. and it took us a year to get this money back because of hardship.

But we are DESPERATE!

 

The money was taken UNLAWFULLY, so thats basically stealing, and then they have the nerve to tell us we cant have it, when its sat in a bank account waiting for us!

We didnt know they were going to do this. Shouldnt they have said?

 

The Banks right of offset does take priority unfortunately.

Did you ask them the question and is it for the full amount of the claim?

 

Any PPI with the loan at all?

[Guest flubdub]

Weve already got the PPI back.

And yes, its all of it.

If I did a small claims court claim, or went to the ombudsman, would it make any differnce seeing were in so much trouble? We have two young kids.

[yourbank]

Weve already got the PPI back.

And yes, its all of it.

If I did a small claims court claim, or went to the ombudsman, would it make any differnce seeing were in so much trouble? We have two young kids.

 

Did you ask them about the refund of charges and the offset with loan arrears?

Is the account now effectively dormant or are you still using it as your main account?

[Guest flubdub]

We said we wanted the charges in the form of a cheque, and I have quoted a bit below from the letter we got in return;

 

"I am unable to comply with your request for payment to be made by another means. As your account ********/****** with us remains open, any goodwill gesture must be paid directly into this account in accordance with our policy."

 

The account hasnt been used for about 18 months. We stopped everything going in or out of it, but left it with a £2500 overdraft so it wasnt closed, however they stopped us checking the balance etc on internet banking, so I just assumed it was "semi" closed, if you see what I mean. the bank cards for it stopped working a long time ago.

[yourbank]

Any refunds have to go into the account they came from. With regards to the loan arrears I think the FOS would view the repayment of arrears as reasonable under the circumstances. Any court claim made would be minus the £5000 since the bank has refunded the amount.

[Guest flubdub]

So we wont get the money then?

I have fought for two years for this

Would they view it as reasonable even though we are being made homeless again, as my landlord is selling the house, and my partner has just lost his job?

[yourbank]

were the charges claimed from 27th July 2001?

Are there any charges anywhere else to claim?

[Guest flubdub]

Oh, also, they couldnt find the CCA for one of these loans, and said they couldnt enforce payment - does this make a difference.

[Guest flubdub]

Yep, they were all the charges, and I claimed everything I could.

[yourbank]

Oh, also, they couldnt find the CCA for one of these loans, and said they couldnt enforce payment - does this make a difference.

 

It's two separate issues unfortunately. One is reclaiming charges under financial hardship so I assume the loan was included in the income and expenditure form, right?

 

The second is whether they can go to court to enforce a debt that was taken out with them

[Guest flubdub]

no, I dont think the loan will have been included in income and expenditure, as we havnt paid the loan for a long time (there just hasnt been the money, and obviously paying the loan came second after food etc), but it WILL have been in the "Debts" part of the forms.