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ChrisGr

RBS Bank Charges - Hardship

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Hi all,

 

I am trying to reclaim bank charges via the hardship route and have had a reply to my initial letter asking me to fill in a customer financial statement and provide documentary proof of arrears etc.

 

Is there any reason why I shouldn't comply with this request? I don't really trust RBS with anything now and I don't want to send them loads of personal financial information which they might then somehow use against me!

 

If I shouldn't send it back then please let me know what I should do to progress the claim. The amount I am asking for is nearly £10,000.

 

Thanks!

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Hi all,

 

I am trying to reclaim bank charges via the hardship route and have had a reply to my initial letter asking me to fill in a customer financial statement and provide documentary proof of arrears etc.

 

Is there any reason why I shouldn't comply with this request? I don't really trust RBS with anything now and I don't want to send them loads of personal financial information which they might then somehow use against me!

"6.

Where the firm does not have sufficient evidence to assess whether or not the complainant is in fact in financial difficulty, the firm will seek such further relevant information as is reasonably required to make that assessment. In the event that the firm reasonably requires relevant information to be provided by the complainant and the complainant does not provide the requested information within a reasonable period of time, the firm shall not be obliged to treat such a complainant as being in financial difficulty."

 

The above reason is why you should complete it otherwise they do not have to assess you for FH.

 

If I shouldn't send it back then please let me know what I should do to progress the claim. The amount I am asking for is nearly £10,000.

 

Thanks!

 

As you are in Scotland you can look at charges from 27th July 2002(as the clock stopped on limitations on 27th July 2007) under FH.

If you take the claim to court then it will be stayed pending the conclusion of the OFT test case issues.

  • Haha 1

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Thanks very much I will fill it in and send it back. Like I say I never like to provide them with anything now unless I check they are not at it! :)

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did you oppose the sist?

 

ida x


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did you oppose the sist?

 

ida x

 

You on the right thread Ida :confused::)

 

Regards.

 

Scott.


 
 

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You on the right thread Ida :confused::)

 

Regards.

 

Scott.

 

 

you know me too well ;)

 

i assumed that as the op is claiming hardship that they claimed their charges back and it was sisted and now going through hardship route.

 

Ida x


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You could be right :)


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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we shall see...........:lol:

 

 

ida x


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Hello! No I didn't oppose a sist. I sent them the first letter telling them not to even bother with their sist chat ( I paraphrase) because I was claiming hardship. I have filled in their income and expenditure form and await a reply. I'm pretty confident of getting something back but we shall see. I've already indicated to them that I won't hesitate to take it to the FOS if they don't refund my money.

 

I'll keep you posted.

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Hello! No I didn't oppose a sist. I sent them the first letter telling them not to even bother with their sist chat ( I paraphrase) because I was claiming hardship. I have filled in their income and expenditure form and await a reply. I'm pretty confident of getting something back but we shall see. I've already indicated to them that I won't hesitate to take it to the FOS if they don't refund my money.

 

I'll keep you posted.

But unless you can argue their reasons for not paying out under FH then the FOS will agree with RBS.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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But unless you can argue their reasons for not paying out under FH then the FOS will agree with RBS.

 

Without going into detail I hit pretty much every criteria for hardship that the FOS lays down. If RBS don't pay out then they are at it frankly. I'm just making it clear to them that they better treat it seriously or I will take it further.

 

On another note when I originally requested the statements back in June, I also did so for my mortgage account. Despite dealing with the requests for my two current accounts they have not sent me anything for the mortgage account. I just phoned them to chase it up as it is well past the 40 day maximum and was told that no charges would have been applied to this account and that I can't claim anything back anyway so they didn't send me anything.

 

My question is simply are they telling the truth? :eek:

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Without going into detail I hit pretty much every criteria for hardship that the FOS lays down. If RBS don't pay out then they are at it frankly. I'm just making it clear to them that they better treat it seriously or I will take it further.

 

On another note when I originally requested the statements back in June, I also did so for my mortgage account. Despite dealing with the requests for my two current accounts they have not sent me anything for the mortgage account. I just phoned them to chase it up as it is well past the 40 day maximum and was told that no charges would have been applied to this account and that I can't claim anything back anyway so they didn't send me anything.

 

My question is simply are they telling the truth? :eek:

On the last bit yes but if you have asked for them, the bank should have provided the information.

 

OK, will ask the usual questions I ask on financial hardship.

Do you have priority debt arrears(mortgage.rent, council tax utilities)?

Are any of those debts being paid off?


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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On the last bit yes but if you have asked for them, the bank should have provided the information.

 

OK, will ask the usual questions I ask on financial hardship.

Do you have priority debt arrears(mortgage.rent, council tax utilities)?

Are any of those debts being paid off?

 

Sorry so to be clear they wouldn't have added charges to the mortgage account?

 

Yes I do have priority debt arrears on my mortgage, council tax, gas and electricity. There is a plan in place to pay the council tax, I am on reduced mortgage payments but these are not actually paying the arrears just maintaining the current payments. The gas was threatened yesterday to be cut off and the electricity will be the same shortly. I also have a ton of other debt although I don't know how seriously they take that when assessing hardship.

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Sorry so to be clear they wouldn't have added charges to the mortgage account?

 

Yes I do have priority debt arrears on my mortgage, council tax, gas and electricity. There is a plan in place to pay the council tax, I am on reduced mortgage payments but these are not actually paying the arrears just maintaining the current payments. The gas was threatened yesterday to be cut off and the electricity will be the same shortly. I also have a ton of other debt although I don't know how seriously they take that when assessing hardship.

You need to contact RBS and tell them that your circumstance have just got worse, ie see bit in bold.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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They have made me a very good offer (about 4/5 of what I was claiming) that I am going to accept. The only issue I have is that they are insisting on paying it into the original account (which they have frozen and which I can only access by going into the bank personally). Is there any reason why they have to pay it into this account. They seem adamant that is all they will do. The account also has a large overdraft arrears on it meaning a fair chunk of the money will be swallowed up which I would rather didn't happen.

 

Cheers!

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Bump! Any idea how I can get them to pay the refund into a different account or will I just have to lose half of it paying off the overdraft? Thanks!

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Hi,

 

I have been posting on another thread in the Scotland part of the forum but I hoped to get a quick answer here to a problem I have with RBS.

 

I put in a hardship claim for nearly £10,000 and have been offered £8,400 which came as big surprise and which I am delighted to accept. The problem is that RBS are insisting that they pay it into the existing account. Now the issue I have with this is that there are overdraft arrears on that account of about £4000 and this would instantly swallow half the refund. I already have an agreement in place to pay this off over 4 years at around £80 a month and I want to continue with this. Also I have an RBS credit card debt and I am worried that they might use the refund of charges (to an account which is frozen and totally under their control) to pay the rest towards that debt leaving me with nothing.

 

My question really is do I have to accept payment to this account as they say or can I demand a cheque? I don't really want to push my luck too far!

 

Thanks!

Edited by ChrisGr

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Hi, Chris.

 

I'm not really sure about this one :rolleyes: Like you say they will more than likely 'offset' your refund.

 

I don't know how this works with Hardship, I'll try get someone to have a look and advise.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Thanks Scott,

 

In all honesty I could take the initial hit of the overdraft being paid off but the credit card debt is totally unenforceable and I need the other cash for my baby which is due in about 3 weeks! Last thing I want is the whole refund being swallowed!

 

I'd like to think I could trust RBS not to be sly but my whole experience with them and the way they caved in so quickly to my claim makes me very wary.

 

Any help much appreciated.

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I know before the 'test case' a lot of people were telling the Bank they would continue their claim through the courts, as it was their money and they should decide how it was spent.

 

The times I've claimed, it was allways 'offset', even the FOS told me this would happen when I used them for my last claim, whether or not they should have told me that I don't know.

 

Surely It's your money and you should be able to tell them to send you a cheque.

 

I've been having a scout about and can't find anything favourable yet :rolleyes:

 

Lets hope someone comes along with some positive advise.

 

Chris, do you want me to merge your other thread and put it with this, in the Hardship Forum ?

 

Regards.

 

Scott.

Edited by maroondevo52

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Yes that's fine to merge it. At least people will see it is possible to get your money back even if it is not completely on your own terms.

 

Thanks for having a look. I'll try to whip it out the account before the credit card section get their paws on it!

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Threads merged.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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They have made me a very good offer (about 4/5 of what I was claiming) that I am going to accept. The only issue I have is that they are insisting on paying it into the original account (which they have frozen and which I can only access by going into the bank personally). Is there any reason why they have to pay it into this account. They seem adamant that is all they will do. The account also has a large overdraft arrears on it meaning a fair chunk of the money will be swallowed up which I would rather didn't happen.

 

Cheers!

 

Apologies but my time is now limited during the week so I generally am on other forums before I come here, if at all. Any charges repaid under financial hardship have to be paid into the account where they have come from.

Does that mean that the amount of money you were repaying to the bank reduce?


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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I know before the 'test case' a lot of people were telling the Bank they would continue their claim through the courts, as it was their money and they should decide how it was spent.

 

The times I've claimed, it was allways 'offset', even the FOS told me this would happen when I used them for my last claim, whether or not they should have told me that I don't know.

 

Surely It's your money and you should be able to tell them to send you a cheque.

Scott, whilst I completely understand what you are saying it still leaves the debt outstanding which would be getting interest on it. Unfortunately as it is a gesture of goodwill and court claims are stayed automatically, then the OP will get nothing. However, to kinda answer his concern, the bank do have the right of offset which they would use on the overdraft but if the OP has an agreement on the credit card, then it must be up to him if that is used against that(I would claim the credit card charges back as well ;) ).

I've been having a scout about and can't find anything favourable yet :rolleyes:

 

Lets hope someone comes along with some positive advise.

 

Chris, do you want me to merge your other thread and put it with this, in the Hardship Forum ?

 

Regards.

 

Scott.

 

Gonna have a quick re read back. How much is owed on the credit card?

So far we might have at least £80.00 a month saving for you.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Thanks for coming back yourbank. I have been offered back £8400 in charges from a claim of £9400. I'm happy with that as I could do with the money. There is £4000 overdraft arrears to pay off and again I don't really mind doing this although I already have an agreement in place to pay it off over 5 years.

 

The big problem is that I have a CC debt of £10,000 with RBS which I have already been down the CCA route with and which they only have a totally unenforceable application form for. I have no reason to believe that they can take money out of my account to pay this while it is in dispute but I wouldn't put it past them, and if they do then basically I get no cash back in my pocket.

 

The problem is that my account is frozen so I have no access to it to see when they make the repayment or to stop them from taking out money and paying it to the CC people. Just wondered if this is something they can do or are likely to do?

 

Thanks!

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