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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Rbs current account charges


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Hi everyone, this is my first post.

Basically last year I went overdrawn by a small amount on my rbs current account. Rbs then preceded to charge me £6 a day till I got my wages. This amounted to charges of just over £100. I had enough money to cover my bills but not pay the charges so I incurred further charges. Every month I have enough money in my account to cover my dd but the charge from rbs puts me over my limit so they're charging me every month because their charges are putting me over my limit. (hope that makes sense). So this is a vicious cycle every month and I can't get out of it. surely this isn't right? They're saying the charges are because I've made a transaction to put me over my limit but it isn't my transaction its theirs. What can I do about this? Can I claim the charges back? It's over £100 every month.

Thanks

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  • 11 months later...

hi, i have won back £2431 in charges do you want me to send you a private email with a caopy of the letter i sent on it...i also have email and contact details for very senior members of staff plus phone numbers

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  • 3 weeks later...

the following is a copy of the letter just cut out or change the bits relevant to you

Your name and address

xxxx

xxxx

xxxx

xxxx

phone number

 

 

Date ******

 

 

F.A.O

Leicester Retail Customer Service Centre

Bede House

11 Western Boulevard

Leicester

LE2 7EJ

 

 

Account No.

 

 

Complaint ref no.

 

 

 

 

Thank you for your reply dated

 

 

I am shocked and disappointed at RBS for their lack of willingness to look at this complaint with serious regard.

 

 

 

 

I also feel that perhaps I was a bit unfair in requesting a refund for charges dating back six years. Therefore I have looked more closely at the charges dating back to Sept 2009 which is when my salary ceased to be paid into my RBS account. However, when looking more closely at these charges and interest I find that they work out to be significantly more than previously thought, thus I will now be taking into consideration the full amount of charges and interest charged to my account since 2009 along with interest to which I am entitled to for these charges.

 

 

 

 

I also feel that the first offer by RBS of a refund for the last 3 months worth of charges and then the second offer of a refund for the last 12 months worth of charges to be a derogatory offer and insignificant compared to the actual charges and interest levied on my account, along with the damage caused to my credit worthiness.

 

 

 

 

 

 

 

 

 

 

I calculate the charges for years to years to be;

£****.** in penalty charges

£***.** in interest charges

Giving a total of £****.** worth of charges I am now claiming back.

 

 

I would also like to point out that I am also entitled to interest on this amount which I calculate to be £***.**.

 

 

Giving a total refund to my account of £****.**.

 

 

The RBS feel it necessary to recite the law ruling of 2009 yet fail to acknowledge other guidance and rulings such as set out by the BCOBS. I quote;

The FSA Conduct of Business Sourcebook rules make it illegal for your bank or your credit card issuer or your lender to treat you unfairly.

 

 

Might I remind you of your obligations under the BCOB guidance, which is clear in its summary of unfair practices that are in evidence in this case:

 

• Levying charges on unpaid direct debits or cheques.

• Treating bank-imposed charges as unauthorised borrowing.

• Levying charges upon charges.

 

The Information Commissioner is equally unambiguous:

 

“If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender, then we are likely to find that personal data have been processed unfairly if a default has been filed. Defaults filed in these circumstances may also be inadequate for the purpose of credit referencing in that they do not provide meaningful information about the creditworthiness of the customer”

 

 

 

I strongly believe that in this case there is sufficient mitigation for the default to be removed due to it being processed unfairly. Namely that:

 

• The Bank levied charges upon charges.

• The Bank treated its own charges as unauthorised borrowing.

• A default was issued without my knowledge, with no method of recourse.

• With regard to the above, the Bank is in breach of the Data Protection Act 1998 in processing a default under such circumstances.

• You are in breach of your obligations to Treat Customers Fairly as required under the Banking Conduct Of Business (BCOBS) regulations 2009 which have been introduced by the FSA under the Financial Service and Markets Act 2000.

 

Please remove the default markers from all credit reference agencies or my next step will be a full Subject access request, a complaint to the Financial Ombudsman, and the Information Commissioner and if necessary, action in the county cour to prevent you continuing to process my information incorrectly in this way.

 

I am highly motivated to ensure a positive outcome from this, no matter which channels must be exhausted in the process. If RBS decide that their last and final word is far less than this amount then I shall proceed with further action.

 

 

I hope that such drastic measures will be unnecessary and common sense will prevail.

 

 

 

 

Regards

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