RBS ignoring dispute status

[kennyh]

My son Adam, who is severly disabled and has a speech impediment, shares an account with my, definitely, better half.

At the turn of the year the 'Royalties' account they hold was put through the agreed overdraft limit when the bank used their 'discretion' to take some interest charges. After this the system, with which we are all familiar, kicked in and charges escalated. They did in fact clear their agreed overdraft plus the £3 over the agreed limit. I, in turn, initiated a claim against the RBS for the usual reasons, including, unreasonable level of charges, and this is now in their waiver queue. However they are still insisting that Adam (remember - he's the one with the speech impediment) contacts thier collections department to 'discuss repayment of the sum outstanding'!

Account in dispute - I cry (besides has ANYONE ever had a meaningful DISCUSSION with collections, or any other intransigent object?); they continue to insist.

I have thrown the standard approach letters (like DCA 'get off my back because...') and now prepare to take them to court if they persist - I really don't need this hassel neither does my son.

Do I utilise phraseology such as "

then I shall proceed immediately to County Court to enforce the imposition of the terms of the Consumer Protection from Unfair Trading Regulations 2008 and will also prosecute the breach of the terms of the Consumer Credit Act 1974 and Data Protection Act 1998. We shall, of course, also point out any deviation from the Office of Fair Trade’s debt collection guidelines and more than adequately show that the account remains in dispute."

Assistance please!!

[BankFodder]

You might want to start looking at this:-

Disability Discrimination Act 1995 (c. 50).

 

Do they know that he has a speech impediment? If they do then I would move very rapidly to a cliam for the refund of all charges, plus a claim for DD.

 

Have they refered this disputed account to the CRA? If they have then I would also include a claim for breach of the DPA as well.

 

Additionally I would make a complaint to the IC and to your local TS and also the OFT under CPUT.

 

Don't hang around. Don't get into protracted dialogue. One letter. 7 days, and they hi ho hi ho - off to court you go.

[kennyh]

Very many thanks Banky - they certainly knew of Adam's problems nearly 20 years ago when the account was opened - record keeping/ retention since ???

Will check on the CRA angle and will follow up on the CPUT.

And... will keep you advised.

Edited October 7, 2009 by kennyh
Last line input

[kennyh]

I wrote to RBS Collections and included the following

Unless you confirm that you are prepared to comply with existing legal procedures relating to accounts in dispute and desist from proceeding along the line indicated then I shall proceed immediately to County Court to enforce the imposition of the terms of the Consumer Protection from Unfair Trading Regulations 2008 and will also prosecute the breach of the terms of the Consumer Credit Act 1974 and Data Protection Act 1998, as well as the Disability Discrimination Act 1995 c.50. We shall, of course, also point out any deviation from the Office of Fair Trade’s debt collection guidelines and more than adequately show that the account remains in dispute.

I shall also be writing to the Information Commissioner and local Trading Standards and will initiate CPUT procedures.

You have 7 days to confirm.

Was that OK (sorting out POC will be something else!)?

Edited October 9, 2009 by kennyh
correcting tense in 1st sentence

[yourbank]

I wrote to RBS Collections and included the following

Was that OK (sorting out POC will be something else!)?

They wouldn't be aware of his speech impediment as they would have no way of noting it on the account clearly for anyone to know about this in advance. I would make them aware of this.

[kennyh]

Ah, YB, but this was made clear to them, along with his other handicaps, at the time we opened the accounts almost 20 yrs back. If they choose to cull records then that must be their shortcoming - mustn't it? I get the impression that collections talk to nobody and answer to nobody. I shall be asking questions, as an unfortunate shareholder, at the next opportunity.

[yourbank]

Ah, YB, but this was made clear to them, along with his other handicaps, at the time we opened the accounts almost 20 yrs back. If they choose to cull records then that must be their shortcoming - mustn't it? I get the impression that collections talk to nobody and answer to nobody. I shall be asking questions, as an unfortunate shareholder, at the next opportunity.

Unless you have the same members of staff from 20 years ago and they work for the collections team as well then there would not be any notes on the account. Furthermore, their notes system from memory will only last 6 months to a year at best with RBS.

Collections are arses in my opinion so I will grant you the fact that they are up their own posterior. I think you need to write to them and tell them because then there will be no doubt about it.

[RHOOD]

Ah, YB, but this was made clear to them, along with his other handicaps, at the time we opened the accounts almost 20 yrs back. If they choose to cull records then that must be their shortcoming - mustn't it? I get the impression that collections talk to nobody and answer to nobody. I shall be asking questions, as an unfortunate shareholder, at the next opportunity.

 

 

I would contact your MP to investigate this

[kennyh]

Thank you both Rhood and YB (Yes I was being somewhat priggish and obstinate) - I've now sent the letter and will see what comes back. Be one way of finding out how long they do keep their records!

[kennyh]

So far just another automated letter from collections and a letter from customer services confirming that our claim/complaint is in the queue. I'm gonna write to Stephen Hester pointing out the lh/rh situation and also to collections suggesting that they speak with Cust Services before I go down the N1 route - if/when I do then I'll be seeking advice on just how I request compliance with all the various acts.

Jeez - as if I haven't better things to do!

[kennyh]

Well whaddaya know - collections have, at last realised that it was a 'charges on charges' situation-cancelled the balance and closed the account! I did show them the N1 route perhaps it opened up that small reserve of common sense - guess we'll never know.

Thank you one and all.