RBS PPI Refund Help

[scotay]

Hi All,

 

A bit of advice on how to proceed with my claim against RBS for my PPI claim on a credit card I have had for years.

 

The story is I was paying PPI for years and didn’t realise it. It came off every month along with the interest and I was ignorant as to what it was and never questioned it until the consumer forums enlightened me.

 

I immediately cancelled my PPI on the card in July 2009 and sent the standard demand for all financial records on my RBS accounts with the £10 in Sept 2009. From Sept 09 – Feb 10 RBS dodged and ignored my requests, no doubt in the hope I would give up and go away, I eventually received details of 6-years worth of monies I had paid via PPI dating back exactly to Sept 2003.

 

I asked RBS to prove I asked for PPI, Its not something I would ask for, they failed to show me my original CCA specifying this so I sent off to RBS demanding the repayment of all backdated PPI from Sept 2009 – Sept 2003 detailed in the SAR and the standard interest of the amount calculated using Consumer Forums spreadsheet.

 

Since March 2010 I have had the usual feet dragging and letter ignoring until 7th Sept 2010 I get a letter from RBS saying they cannot prove I asked for PPI and “ as a gesture of goodwill and without any admission of liability”, a refund of my PPI..

 

Now sneakily this refund only calculates from Sept 2010 to Sept 2004 so I lose a years worth of PPI , I cancelled it in Sept 2009, simply because RBS dragged this out for a year. Also the offer from RBS completely ignores the interest on the money deducted simply offering back the exact payments taken over the final 5-years I paid this PPI. This letter signs off stating if im unhappy with there offer I should contact the Financial Ombudsman.

 

I wrote back to RBS demanding a refund of PPI from when I originally contacted them in Sept 2009 back to Sept 2003 and the standard interest on this deduction but have not surprisingly been ignored.

 

I want to know my options and would welcome any advice.

 

1. Do I go along the Financial Ombudsman Route and see this drag out for another year?

 

2. Do I simply hit RBS with a Small Claims Summons for a refund from when I initially contacted them and the interest? The extra year and interest adds another £250 to my claim.

 

I am leaning towards the Small Claims Route as I have used them before but wonder if anybody has taken this step before and what is RBS usual ploy for this.

 

Thanking in advance..

Edited October 7, 2010 by scotay

[dj1971]

Scotay,

 

Although I have not had any personal experience with RBS, there are lots of threads on the site about others who have.

 

From what I have read, it is common practice for RBS to drag their feet and be obstructive, in the vain hope you will give up.

 

The decision on whether to fight RBS directly on this, forward to the FOS or go down the small claims route is entirely yours.

 

I suspect if you continue the fight directly with RBS they will just continue to drag their feet and be obstructive, serving only to frustrate you further.

 

If you refer to the FOS, yes it may take quite a long time for the case to be reviewed by an adjucitator, as they are completely snowed under with claims at the moment. However it will not cost you anything and the FOS will charge RBS £500 to investigate your claim. There may also be a chance that as soon as you refer the case to the FOS, RBS will cave in and cough up.

 

Going down the small claims route will of course cost you the initial court fees, which of course you could claim back if you were to win. It would also seem quite unlikely that RBS would let this go to hearing, as they will not want a ruling by a court against them on this claim, for fear of it opening the flood gates and as such I believe they would be likely to settle out of court.

 

But of course, the final decision is yours.

 

Good luck

 

DJ

[scotay]

Hi DJ,

 

I wasnt aware that the Fos would charge RBS £500 for investigating my claim for me.

 

Yes, RBS are being as obstructive as possible in the hope i will go away and give up. I wont...

 

My only worry about the small claim route would be if i didnt get the exact company name and address right and they try to get it thrown ouit on a technicality that way because no doubt they would try.

 

Has anybody on here taken on RBS in the small claims court?

[dj1971]

Scotay,

 

Glad to hear that you are not giving up.

 

Is simple enough to check the name and address of any financial institution which is regulated by FSA. Just go to FSA website and do a search.

 

Or even better the registered name and address will be on the bottom of their headed paper, so any correspondence you have had from them.

 

Good luck in whatever way you decide to proceed.

 

DJ

[scotay]

Bit of a pickle here and wondering if anybody can help.

 

Going to hit RBS with a moneyclaim online because what they are offering is about £100 less than what i calculate.

 

Filling in the on-line form and RBS registered office is in Edinburgh but the PPI mob i have been getting the runaround from is in Manchester.

 

Question is who do i send the Moneyclaim online docs to? Their website doesnt like the Edinburgh post code and pronpts for an England or Wales address. I suspect if i put the Manchester address on to the moneyclaim docs they will try to knock it back saying there registered office is in Scotland, outwith Moneyclaims jurisdiction so it seems.

 

Any ideas anybody, please?

[dj1971]

Scotay,

 

You sure it is worth all the hassel and expenses of going to small claims court over £100?

 

Personally I would give it some serious thought before you file that claim.

 

DJ

[scotay]

I suppose your right really.

 

I was probably blinded by wanting a bit of revenge for the hassle they put me trough to get this far.

[lord_tiger_putin]

I suppose your right really.

 

I was probably blinded by wanting a bit of revenge for the hassle they put me trough to get this far.

 

They are changers!!! I also had one with them and I DO have the signed agreement and I didn't tick the box and didn't signed that I want it, therefore I did not applied. Took them almost 8 weeks to come back with the "Offer of Goodwill". I wrote to them that they can stick their "Goodwill" up their a%$Se!! I phoned them and they say that they never advised anyone regarding PPI and that it was left to the customer to choose it and therefore they are never guilty of mis-selling PPI. Therefore as a "Goodwill Offer" they are always refunding only the premiums. They must be living on planet tutu!!

 

They must do a proper redress and the FOS is extremely clear what that involves:

 

1. Refunding the premiums
   
2. Refund the interest on the premiums
   
3. Refund all the charges as a direct result of these 2 points
   
4. Refund the interest on the charges
   
5. Refund the interest on the interest
   
6. Pay 8% single interest on any credit balance after removing the above mentioned amounts
   
7. Send you a statement and explanation how they calculated this redress.
   

Should the FOS find in your favour and they feel that RBS knew (or should have known) better, then RBS must also make towards you a payment for distress and inconvenience - usually between £200 and £300.

 

If you have the statements then you will be able to do a proper redress, the amount due to you could be potentially significantly higher. I can assist you if necessary.

 

The FOS requirements for a proper redress is here:

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi/redress.html

[Fatbloke666]

Hi there,this problamatic for lots of people including myself.My rbs credit card payments doesnt show ppi so was i being charged without knowing,they sent me a leetr back within 4 days of a letter going off to them offering me £80 refund on 2 £20 late payment charges,thats makes me wonder,theyre a bit too quick with the comeback why are they so keen to pay back twice what they charged