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Around 20 years ago my wife & I opened a Royalties Gold account with RBS. The account made available a sizeable overdraft which we made full use of. In early 2012 I spoke with a branch officer who asked me what plans I had to clear the longstanding overdraft. Not unreasonable. I explained that I was now a pensioner and my wife only had a part-time job and that we needed to remain in a position to care for our disabled son who lives at home. The upshot was that WE would pay £100 per month if they froze charges and interest; and this would be the only activity on the account. There followed a year of RBS collections harassing us for debt clearance.

They repeatedly ignored the repayment undertaking which we had fastidiously maintained. I managed to get the FOS to take on our defence (following a visit to CAB) and, at the same time, someone in collections actually exercised their grey matter following numerous complaints voiced by me (my wife isn't 'into' all of this) and finally admitted their error and refunded loads of charges they had allowed their computer to generate.

The FOS is still awaiting information.

Now the RBS have decided that my wife is liable, in isolation, since I had written all of the complaints. I have notified the FOS but am inclined to issue N1 deploying BCOBs, showing contraventions of principles of Fairness & communication (or lack thereof). Because my Mrs already suffers hypertension and is medicated for high blood pressure, I am also inclined to sue for Special, Incidental and/or Punitive damages to compensate for the effort I have to put in and gain some recompense for my wife's anxiety. What say you fellow members? Can one even seek damages at County Court or will I need to go fast-track?

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