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RBS Waiver Letter

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Hi All, Received this letter a couple of week's ago from RBS. I would like to know how I should respond to it. Thanks.


Please quote our reference when replying Our Ref:


We refer to your complaint relating to unarranged overdraft charges which was previously on hold under the terms of the FSA Waiver. The Waiver has now lapsed and we are therefore writing to you to respond to your complaint. We consider your complaint to have been about the level and, accordingly, the fairness or lawfulness of these charges.

As you will be aware from when we last wrote to you, we (with several other banks) entered into agreed legal

proceedings with the Office of Fair Trading in relation to unarranged overdraft charges on 27 July 2007 to

gain clarity on this issue. Following the judgment of the Supreme Court on 25 November 2009, the test case

process is now complete. _ __ __ __ _ _. ___

In our view, the judgment of the Supreme Court means that the level of the unarranged overdraft charges you have complained about cannot be assessed for fairness under the Unfair Terms in Consumer Contracts Regulations 1999 or challenged under the common law penalty doctrine. We do not believe that there is any other legal basis on which the level of these charges can be challenged.

We are satisfied that the charges you seek to reclaim were properly charged and the outcome of the legal proceedings confirms our position. We are therefore not upholding your complaint and will not be refunding the unarranged overdraft charges you have complained about.

We are happy to address any questions you have arising from this letter. You may find these answered by our website at the following link www,rbs,co.uk/overdraftchargesupd3ie. If your complaint does not relate to the level and, accordingly, the fairness or lawfulness of these charges then please let us know by contacting us setting out the details so we can consider this further.

If after this you remain dissatisfied, we will provide you with details of how to refer your complaint to the Financial Ombudsman Service.

If we do not hear from you within 8 weeks of this letter we will regard your complaint as closed.

!f you have any questions or wish to discuss any of the above with one of our members of staff, ptease call us on 0845 3030 442. Lines are open 9.00am - 5.00pm Monday to Friday or 9.00am - 1.00pm Saturday.

Lyn Kirkland

Senior Centre Manager

Yours sincerely,

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I can't help much but I did see this yesterday which you may find useful


The Consumer Forums - FAQ - The New Bank Charges Position

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi Series3 thanks for your reply but I'm well beyond LBA.

My claim as been on hold with the court since 2007. What I'm seeking is what should I write in my reply to this letter before my claim collapses after the 8week deadline!



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  • 2 months later...

Hi Anni, Unfortunately because I couldn't find how to reply to the letter I've just let it run it's course. Should there be any hope to claim in the future(not holding my breath) I will carry on my claim then.

If you decide to respond to your letter please keep us posted to RBS's response!



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  • 1 year later...

Hi there

I'm also dealing with Lyn Kirkland and her delaying tactics are incredible! I took my complaint to the Ombudsman after my case languishing in court for nearly 2 years and I'm not giving up! I'll keep you up to date with whatever further correspondence I get, but if I don't get a satisfactory reply, it goes back to the Ombudsman again!

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Also..........don't bother trying the 0845 3030 442 telephone number as no-one ever answers it! I waited for 20 mins again today with no indication of where I was in the queue or how long I would have to wait. Yet another example of the shoddy treament by RBS of their customers! I have asked for an e-mail address and direct telephone number and have advised that I will be turning up at South Gyle personally!

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  • 3 weeks later...

Don't give up. I have been getting the same letters from a few banks. I just write back to them with what the Judges in the Supreme Court actuallly said. I am now at the court stage where I am submitting a claim at Dundee Sheriff Court on Tuesday. I have a thread in the Scottish Thread where I will be updating everyone with info on how I get on. I was also dealing with Lyn Kirklad but was then passed to someone else, probably because she was getting tired of me replying to her letters threatning Court Action if RBS did not pay. Me V RBS Group Chief Executive Stephen Hester. (I am going after their Consumer Credit Licence as well). ...Have been trying to write letter in here as well, but once it is posted, the whole post is crammed together, so will try and get a link uploaded for a copy of the template letter.

Edited by dundeelaw
Would not post as letter. All of the post was squashed together.
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