Jump to content


RBS say I owe them money, my account/s are in balance.


shakuri
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2609 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

The remedy date they have given is 17 days from the day of the DN, which would make that 23rd May.

 

I did find it peculiar that the date of the DN was 6th May, with it being a bank holiday I assume they won't have been working, so how can they have done it? I have kept the envelope although I can't see any post park to show when it was posted or whether it was 1st or 2nd class, all I can say is that I received it yesterday (10th May). That would make it 13 days from receiving the DN.

 

I wonder what would happen if they decided to terminate the agreement on the 23rd regardless of the letter I received advising me of suspension of collection. It wouldn't surprise me if the group HQ wasn't in communication with the CC dept, although I have already told the CC dept of the complaint prior to the DN being sent.

 

It's quite a mess really on RBS's behalf.

 

EDIT: Just noticed that the actual DN says 17 days from the date of the DN, however the letter that came with the DN says 17 days starting the day after the date of the DN ...confusing!

Edited by shakuri
Link to post
Share on other sites

  • Replies 55
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Ok, well the DN is non compliant.

 

6th May - might have been dated by their computer - however it couldn't have gone in the post until the following day

 

Tuesday 17th - Almost certainly it would have been 2nd class post (but if push came to shove, it would be for them to prove which one)

 

So, in the absence of proof of posting we will assume that it was 2nd class so 4 BUSINESS days would take you to Monday 13th because there would have two weekend days after the 3rd Business day.

 

so that would have been just 11 days for the remedy !! Oops :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Indeed,

 

:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • 3 weeks later...

Well I have just taken a look at my online banking and my CC account has been removed so it appears as though they have terminated the agreement.

 

The plot thickens....

Link to post
Share on other sites

Hmm, well until they make their next move, I don't think there is a lot you can do.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Today I received the Account Termination letter as expected. It is date 27 May and the letter states I have 14 days to pay or my account will be passed on to the Debt Recovery Office.

 

Any ideas on my next move? Should I contact them and make them aware of the letter from RBS Group Executive Office or shall I contact the Group Executive office itself and ask them what they are doing?

Link to post
Share on other sites

I would simply respond to the address on that letter, that there is an unresolved dispute with the bank which is now being dealt with by the FOS. Continue to head your letters with "FORMAL COMPLAINT" but also include the FOS reference number now.

 

Dear Sir or Madam (or name if there is one)

 

FORMAL COMPLAINT

FOS Reference number.

 

I am in receipt of you letter dated XYZ.

 

As you are aware there is an unresolved dispute with the bank which is now being investigated by the Financial Ombudsman, reference number as above.

 

Despite your being aware of this and despite being advised by the Bank that they are "investigating" or that the "collection activity" is on hold, I still appear to receiving intimidatory correspondence from the bank.

 

Please be advised that all letters from the bank are now being forwarded to the FOS in order to further their investigation.

 

Yours etc.

 

 

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Thanks for that, will send a letter tomorrow. I imagine they will say they ad no idea of this complaint or that it doesn't relate to them. We'll see. I still have the faulty DN to spring on them.

Link to post
Share on other sites

Also just to note, I have not yet received a reference number from FOS, I assume this is because the complaint is quite large with a lot of appendices.

 

In regards to the letter should i be accepting unlawful rescission at this point?

Link to post
Share on other sites

TBH, I do not think that "unlawful rescission" works. Just keep the dodgy DN under wraps for if they decide to take a stab at litigation !

 

You can telephone the FOS - advise that they have received your complaint on XYZ but you have not yet received a reference number. I suspect they are well behind in their admin, but I would have thought they should have at least acknowledged your complaint with a Ref by now.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Interesting letter back from RBS cards department

 

They apologised for the termination letter being issued and claim it was an error in the system as the account was not removed from the "automated collections system"

 

They also agreed that they did agree to withhold recovery action and that "the termination status has been removed" from my account.

 

I am confused by the last line, am I right in thinking that once an account has been terminated it cannot be reinstated? or am I missing something?

Link to post
Share on other sites

It is my understanding that if the bank terminates the account, then it is not able to reinstated without the agreement of the consumer.

 

But you might want to wait for wiser caggers to advise.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • 3 weeks later...

Well, so much for the ombudsman being independent.

 

I have received a letter today stating that they will not be upholding my complaint.

 

Apparently RBS acted "correctly given your financial situation" and that they have acted in lines with "Banking: Code of Business Standards (BCOBS) 5.1.4"

 

Also" I understand you were not happy with the charges being applied to your accounts. You stated how you believe that these charges had caused you to go over you agreed overdraft limit and subsequently caused further charges to occur. Once again these actions are reasonable as they are in line with the account terms and conditions to which you have agreed and signed."

 

There is no attempt to look at how RBS failed to give me any reasoning for 10 weeks nor to the fact that my account was in balance on the 20th January when they cancelled my card/chequebook.

 

Also on a side note I received a letter today stating that the card termination letter was rescinded and that the agreement remained in place!

 

Any advice? I'm fuming here.

 

(also ig this could be moved to a more active general forum that would be great)

Link to post
Share on other sites

You are in the correct forum for this type of query.

 

Was this an adjudicator decision or had it been escalated to an Ombudsman proper ?

 

If a first level adjudicator then you can question the decision and ask for it to be escalated.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

It's a response from the adjudictor and i have asked for it to be review by the ombudsman.

 

I have actually just received another response in regard to the complaint, and once again it is a load of BS of specific note is " I note that RBS requested that you return your chequebook and cards on 28 January 2013, however, this does not mean that money cannot be credited to this account to pay off the outstanding debt." Well it would be quite tricky to pay off a debt that did not exist, I've asked him to clarify what debt was owed on the 28th Jan.

 

I've contacted my local MP today also to see if they can help. I feel a court case coming on, the FOS just seem like a complete was of space to me!

Link to post
Share on other sites

  • 2 weeks later...

Ok I have some updates-

 

The complaint has been sent off for review and will take 3-6 months.

 

Had SAR information through and it doesn't include an agreement for my current account but there are agreements for loan and CC.

 

Also this may make you laugh- In regards to the CC account, despite them "rescinding" the content of the termination letter they have now sent me another termination letter, this time with a higher amount of arrears. The last termination letter had £98 this one has £168. It also refers to a previous default notice which we already established was bogus and regardless was for £98 not £168.

 

What a complete mess.

Link to post
Share on other sites

  • 6 months later...

Update

 

Today I have finally received a decision from the Financial Ombudsman, and I must say it is a disgrace. After having a complaint lasting nearly 12 months it has all come down to a one page document which does not uphold the complaint. The only thing the ombudsman touched on was about the actual cancelling of the card and cheque books and nothing on BCOB rules or the consumer credit act. No reasons just that they concur with the adjudicator. Nothing on the credit card termination, nothing on them ignoring my requests to communicate in writing. I can't say I'm entirely shocked that the ombudsman made this decision however I am quite appalled that there is no explanations or details on the decision.

 

I guess my only option now is to take them to court, pending the outcome from the ICO on the inaccurate data on my credit file.

 

Any help would be greatly appreciated in this.

Link to post
Share on other sites

Hi,

 

FOr those that have been following my previous thread regarding RBS treatment of me (http://www.consumeractiongroup.co.uk/forum/showthread.php?380534-RBS-say-I-owe-them-money-my-account-s-are-in-balance)

 

I am now commencing legal action against them due to unfair relationship, breach of BCOB rules and OFT guidelines.

 

To recap

 

  • I have an overdraft, loan account and CC with RBS and during November and December 2012 I experienced some shortfalls in payments for a number of these accounts due to financial circumstances. During the months I went into unarranged overdrafts and missed a couple of payments for my loan, however in January 2013 I paid everything off (including unarranged OD charges) so that it was completely up to date.
     
  • During Novmeber and December 2012 I received two letters asking me to ring RBS or to pay the shoftfalls I owed to them, on both occasions I paid the shortfall.
     
  • In January 2013 I was up to date and fully prepared to meet my payments in February, however I received a letter on the 28th Jan saying that I owed them money and that as a result they had cancelled my card and chequebook and that I may receive a default on my account and that "Power2Contact" would be in touch No reference to which account they were referring.
     
  • Obviously I was confused why they sent that letter as there were no outstanding payments and so I sent a letter back to the address the letter came from asking them to explain. In response I received a templated letter which simply had the breakdown of my accounts showing that everything was in order. Further confused I sent a complaint. I stopped making payments on my accounts as I was unsure which accounts they were referring to and was worried that if I put money in my account it would be taken to pay a hidden charge. I explained this to them in the letter.
     
  • It took them 10 weeks to respond, only to say that they were entitled to cancel the card and chequebook and that they were referring to the overall agreements and not shortfalls. During that time further charges were added.
     
  • I referred the complaint to the FOS and RBS agreed that all collection activity would be stopped, they placed an "under query" status on my loan and credit account in march 2013 as a result however the CC stayed the same.
     
  • I was sent a DN for the CC swiftly followed by a termination notice, the DN was defective however. I reminded them that they promised to hold all collection activity to which they responded agreeing they would and subsequently reinstated the account. However this was short-lived as a month later i received another TN. I complained again this time to the Executive HO to which they said the CC team were wrong to do so.
     
  • The account however however appears to be active again and there are 6 late payment markers on the credit file and it is not under query like the others. I have a complaint in with the ICO regarding this.
     
  • Today I finally received a Final Decision from the ombudsman and they are not upholding the complaint, however no clear reasons were given.

 

I am now intending to send them a letter before action, however I would love to get any advice about how to proceed with this claim and what the best approach is, should i sue under BCOBS, section 140 of the CC or other?

 

Thanks in advance

Link to post
Share on other sites

Above post merged to existing thread for now as it would not get as good feedback in the General bank forum.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi Shakuri,

 

Can you confirm for us the main points in the Ombudsman's review of the original decision.

 

I'm playing Devil's Advocate here as I am not sure you have a good case to take to court. Can you very briefly confirm the points that you would use as grounds for your court action, whether you intend to cite BCOBs and/or s.140.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi slick,

 

There was some mes up with the final decision and they accidentally sent myself and the business an earlier draft of the final decision by mistake (good job FOS) however I have now received the final decision although the points are much the same.

 

In the final decision they looked at

 

1. RBS asked me to pay money at a time when all accounts were in credit and I paid money when requested

 

2. I did not phone the bank as I had concerns over the charges of the 0845 number and my working hours meant that it was difficult to call them (I work from 8am-11pm in a catering environment)

 

3. RBS recorded missed payments on my credit report whilst the account was in dispute

 

4. RBS terminated the credit card account and should not have done so.

 

The decision goes on to say that RBS had every right to cancel my card and chequebook as the original letter asked me to call to discuss my financial position which I didn't (it fails fails to mention that in fact the letter asked me to either call or to pay the shortfalls on my account, i chose to pay the shortfall)

They also say that despite my working hours it was reasonable for RBS to ask me to call the 0845 number as they use that to divert calls across the country (no reference to OFT debt collection guidelines or to human rights act)

They also claim that they were entitled to do so as they thought I was using my overdraft to pay off my loan (I was in fact transferring money to my current account to then pay off my loan, i continued to pay the overdraft fees every month)

They say that recording missed payments was correct and with terms and conditions and they had every right to do so.

They say that RBS were entitled to continue collection activity and send me a default notice for my credit card even though they had agreed not to do so in writing (this is a big wtf?) The reason being is that they acted in line with terms and conditions

The FOS concede that in terminating my account twice and also sending a debit card despite them cancelling my original was confusing for me and suggested £75 was appropriate compensation.

 

Nowhere in the Final Decision is there any reference to any relevant laws or banking codes despite me making them aware of the breaches in my initial complaint.

 

oh, did i mention that the ombudsman is a former Natwest Stock Controller?!?

 

I intend to take them to court under BCOBS but mainly under the data protection act for the handling of my credit card data, they should not have passed the information over to them whilst the dispute in place, they did in fact correctly put a query marker on my current and loan account, they failed to do so for the credit card, I am going to cite the Durkin case here for general damage to credit (pending the supreme court ruling on 28th Jan)

Link to post
Share on other sites

Hi Shakuri,

 

Was this an Adjudicator's decision or did you appeal that and the above is the reviewed decision by the Ombudsman.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...