RBS - My case.

[andy_mcd]

I don't think it makes that much difference where you send it. If you send it to your branch they will still get it. I've had no problem doing this.

[seylectric]

The point I was getting at is I think the rules are different in Scotland so I didn't want to send the stuff to the Scottish office only to find out later the claim was invalid because of the different rules.

[seylectric]

Well after a false start I have now received an offer of £400 "in full and final settlement". At first I thought this was not unreasonable, but as the credit will be applied to the account which still has (last time I got a statement and assuming no further interest has been added) a negative balance of £285+.

 

So if I accept they will effectively be cancelling out the £285 overdraft - which is made up ENTIRELY of bank charges - and I will be left with around £105, which means I will still be over £200 out of pocket. Am I correct in thinking that I should tell them to shove their offer or am I shooting myslef in the foot by not accepting? What's the next step? (will have a read up of the stickies too).

[Guest willowb]

Hey seylectric :>) what stage are you at? when did you file a claim? If I were you I'd not settle, just accept it as a pert-payment. If this is there first offer, you'll probably get a better one in a couple of weeks.

 

wxx

[seylectric]

Hi, I've just been reading through the "Dean v RBS" thread, and the letter I got back was very similar the one that zeus got:

 

"Thanks you for your letter of 8th Aug. I am sorry to learn (hear) you remain disatisfied.

 

There is nothing i can add constructively to past correspondence but i would like to resolve matters with you. Against that background and as a gesture of goodwill without admission oe error or liabilty, I am offering the sum of £400 in full and final settlement of your complaint. However our terms and conditions will continue to apply and any charges that accrue in the fuure must stand.

 

I hope you will consider this to be a fair and reasonable settlement and on receipt of your signed acceptence, I will make (immediate) arrangements for payment within 5 working days. "

 

The slight differences on my letter, from Tommy McClean, are in bold. there is themn a section at the bottom which asks me to sign as follows: "I accept the sum of £400 in full and final settlement of my complaint. Please credit this to account number xxxxxxxx."

 

So as I said they're effectively just cancelling out the overdraft that THEY have racked up - I get very little back in cold hard cash - assuming no more charges have been added to that account I would get back just over £100 of the £300+ they have already had from me.

 

 

This was in a reply to a letter I sent to them which said:

 

"With regard to your letter (reference xxxxxxxxxxxxxxx) of 29 september 2006, please note that a letter before action was sent to you on 9 May 2006 to:

 

RBOS Senior Customer Relations Manager

Freepost

PO box 1727

Edinburgh

 

As your claim*** is totally made up of penalty charges, which of course are illegal under the terms of the Consumer Credit Act, a formal claim will be made through the small claims courts for the total of approximately £650 which I incurred in charges on all my RBS accounts if the money is not refunded to me in full within the next seven days."

 

*** Just to clarify, I originally claimed back in May but never pursued it. I only went on the offensive again when they sent me a letter telling me they were going to pursue a claim from me of £285 (the overdraft) on 29 September.

[Guest willowb]

So then, do you intend on filing a claim? If you do then they won't be able to demand the o/d balance back from you until the account is settled. If they counter-claim then you'll always be one step ahead.

 

It seems like you'll be better off just going for the whole lot and asap.

 

Have I got the situation right?

 

Wxx

[seylectric]

Yes, it looks like i'll be using that "will accept as part settlement" letter and filing for the full amount. I'll have to get the paperwork out and work out the correct figure and interest.

 

I was just wary of shooting myself in the foot and getting nothing, but having read a few other threads since I posted earlier it seems that people are getting an eleventh hour out-of-court settlement, which is only right.

 

Looks like I might have a bit of a wait though, our mortgage company have just filed a repossession claim (arrears now paid in full anyway) but that case doesn't come up until 20th December so I'll be waiting until 2007 by the look of things, but will have to wait a couple of weeks in any case until I can afford the court fees.

[Guest willowb]

I hope everything turns out ok for you.

 

Best of luck

 

Wxxx

[seylectric]

Thanks, i'm sure it will.

[nevos]

Have been reading through the above and in conclusion, I dont think we can blame the tellers for making mistakes about verbal cancellation of DD's, as I understand it you must inform your bank and the beneficiary in writing. While we all have an axe to grind about the charges we can't blame the Banks for everything. mainly the level of service has dropped and we are all statistics on a computer to them, gone are the days of real service to be replaced by greed and avarice. Remember, we live in rip off Britain, where almost everything comes from China and we have to pay through the nose. Dog eat dog is the way of life now, get used to it and try to stay one step ahead! I have found to my peril that honesty doesnt pay with a Bank, they are in business to part you from your money and not one is better than the other, it is amazing how we stick to one Bank in an apethetic manner consistent with the old school thinking, screw them all as hard as you can before the old boys network changes the legislation in their favour.This site does give people the power to fight back so, dont pussy foot around with the Banks go for them as they have gone for you and your money...what goes around comes around so go for it!!!

[nevos]

Jees, will ahve to stop drinking seems i posted this in the wrong thread, sorry!

[Guest willowb]

lol....I'm so glad other people do that:rolleyes:

 

Wxx

[seylectric]

This topic was closed on 03/07/19.

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