sn00psmum (&dad) v RBS

[sn00psmum]

Update:

 

I got my LBA ready to print off and send, it should have gone a week ago but this morning I realised that I didn't send it,:o wot a silly moo!!

Anyway, in it I let RBS know that I intend to claim using the FOS and said that they have 8 weeks from when they were first made aware of my complaint, ie the date they received my prelim- is this correct? I just want to make sure before I send it.

 

The other thing is that despite writing to RBS on several occasions about Moorcroft and how the account is in dispute, speaking to Moorcroft on the phone and even copying them into one of the letters I am still getting letters from them threatening court! Idiots 8)

 

I realise that the department i've been corresponding with regarding my claim for charges deals only with charges. Does anyone know which dept I would need to approach to deal with the Moorcroft issue separately?

 

Any advice welcome

SM:p

[Bigmac versus]

Yes they have 8 weeks total to respond.

I would send the Moorcroft a CCA request also saying the debt is in dispute.

[sn00psmum]

Thanks Bigmac, that's a good point! I have raised the Moorcroft issue again in my LBA which is now ready to go in the morning.

 

Interestingly, I went onto RBS website to follow their complaints procedure regarding M/croft thinking it would be a different address but no, it's still the Forthstone address, doesn't give a department name, just Customer Relations Unit which is who i've been dealing with all along!

SM:p

[Bigmac versus]

OK i have another addy which is

PO BOX 17

2 SPRING GARDENS

STOCKPORT

SK1 4AJ

 

TEL: 0161 475 2806

FAX: 0161 477 3864

[sn00psmum]

I've had some developments, on an RBS business account, but it affects this claim. Sorry, another long post!

 

We had a claim on a business a/c with RBS which began at the same time as this claim, I didn't bother starting a thread as it all went smoothly (or so I thought) We didn't include interest as we never had an overdraft on the business account and even if we had, the amount would have been small anyway so we thought we'd keep it simple.

 

We had an offer on it for the full amount claimed and accepted on 6th March. We had been led to believe that the a/c was closed and that we would get a cheque for the settlement (and separately for the credit balance of over £400 once the dispute was settled). After waiting weeks no cheque arrived so I emailed Mark Douthwaite.

I got a response from a member of his team saying that she had been trying to contact me regarding our claims and could I phone her. I did and we got the business a/c sorted and I said I would rather keep the Royalties a/c in writing for the time being. She said that payment on the business a/c would be authorised that day, the account hadn't been closed and therefore they couldn't send a cheque, it would have to go into the account. That was fine by me, I said I didn't care as long as I would have access to the funds.

 

When I still hadn't received a refund on 25th April I emailed her again to see what was happening and she got straight back to me saying that the funds had been keyed into the a/c on 20th April and to contact my branch.

 

I phoned the branch and was told to phone Credit Management Services which I did. I was informed that the refund and the credit balance on the business account had both been used to offset the 'debt' on the Royalties a/c:o Furious, I said that RBS/CMS were not allowed to do this as the account is in dispute and started quoting OFT code of guidance about ignoring disputes etc. The girl I spoke to, who was clearly out of her depth put me on hold for about 10mins while she went off to try and get an answer for me. She came back saying that one of her colleagues was trying to 'see if there was another way round it' and would I mind holding some more. I said no, I wanted a call back on my mobile (so I could record it!) and I wanted a call back TODAY! She said ok.

4.45pm and I was getting impatient so I called back on my mobile (recording) and demanded to speak to someone who knew what they were on about.

A rather impatient sounding man came on introducing himself as Mr Whittaker. We had a long discussion about the bank's apparent 'right of offset' during which he tried to confuse me and throw me with legal stuff(there's the reason I prefer to write a letter or email!) I stuck to my guns, repeating over and over that the Royalties account is in dispute and therefore there cannot be action of any nature on it. He even mentioned Moorcroft and I said that I had written to the bank about the Moorcroft and solicitors letters we had received. He apparently had no knowledge of the claim or dispute on the Royalties a/c and in the end conceded that indeed the bank had no right of offset. I then asked if a cheque would be forthcoming. I had to repeat the question several times before getting a straight answer, he tried to avoid giving me an answer for as long as possible and kept insisting that even though we had come to a settlement on the business a/c, we still had a liability on the Royalties. Eventually I got him to say that we would be getting our settlement on the business a/c in the form of a cheque which we could bank anywhere we chose.

 

Phew, wonder when it will come..............

[isidore]

Shocking!

[photoman]

well ???

 

Has the cheque arrived yet ??

[sn00psmum]

I emailed Mark Douthwaite on 27th April with regard to the Royalties a/c, reminding him to send the bank's final response and giving him until 16th May to do so as this is 8wks from the date on the prelim. No response yet, if he doesn't send me a final response, what then? Do I still go ahead and put my complaint to the FOS?

 

I'm about to email him again, I might even phone him I'll keep you posted!

SM:p

[sn00psmum]

well ???

 

Has the cheque arrived yet ??

 

LOL no Photoman, no cheque yet, I've just posted on the business thread that you started. I got a letter 26th April from the guy I spoke to on the phone just to say that he would be in touch within 10 working days as he was still 'investigating my claim'. I wrote back saying that as he conceded on the phone there was nothing more to investigate, this morning I have received another letter from him asking for another 10 days and thanking me for my patience so I tried phoning him but he was out at lunch (at 11.30am!) will try later, even though one of his staff promised he would call back today i'm not holding my breath!

SM:p

I have now started a thread dedicated to this claim here:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/89319-sn00psdad-rbs-business-c.html

[sn00psmum]

Just phoned Mark Douthwaite to see if he got my email dated 27th April (also copied out and sent by registered post just to be sure) and he had no knowledge of it whatsoever. I told him I would resend it and waited on the line until it arrived in his inbox. He said he would read it and reply to confirm that he had it. He said that he may need to contact CMS to find out more about the case, I offered him Mr Whittaker's number as he is my CMS contact and the person who is now dealing with it. He declined, saying that he has a contact at CMS with whom he discusses everyone's claims. (obviously not mine though or they would have known the accounts were in dispute and not dug themselves into a hole, bringing me with them! ) Ho hum, the waiting game continues...........

SM:p

[sn00psmum]

Just received my reply from Mr Douthwaite:

 

Having looked into your comments, my understanding is that we have made an

offer based on the charges you have incurred. The amount has been offered as

a goodwill gesture and does not include any interest payments. As you have

stated that this is not acceptable I will arrange for the banks final

response to be sent regarding this.

 

As I mentioned on the telephone, my department deals solely with the

validation of claims and subsequent offer letters. I believe that you have

been speaking to Stuart Whittaker who remains your point of contact for the

other issues you raised in your email.

 

Please accept my apologies for the delay in responding to you and I will

ensure that your final response is sent out to you next week.

 

Regards

 

Mark Douthwaite

 

 

Mark Douthwaite

Customer Relations Unit

 

Royal Bank of Scotland

Ground Floor

Cornerstone

60 South Gyle Crescent

Edinburgh EH12 9WF

 

Depot Code 045

 

Telephone 0131 523 3038 (223038)

Mobile 07876 596296

Texting thumbs at the ready!

SM:razz:

[sn00psmum]

I have sent the delightful Mr Douthwaite an email:

 

Dear Mr Douthwaite,

In reply to your email, in what way have you made an offer based on the charges I have incurred? Over the life of the account in question RBS has applied a total of £7864.49 in unlawful penalty charges. RBS has also debited interest (mostly at the unauthorised rate) against all charges to the tune of £1147.40. This brings the principle sum to £9011.89.

As you know, I have claimed interest on this figure at the same rate that the bank has enjoyed over the years bringing the total now due to us at today's date to £18,242.05. This figure is increasing at a rate of £6.52 per day.

If you say that your department deals only with the charges element of claims then quite frankly that is not my problem. Due to the large volume of claims you receive with interest (many of these being successful) surely there is a dedicated department for that purpose, if not isn't it time there was?

If you say that you have made an offer on ANY figure contained within this email or any of my other correspondence to your department then would you be kind enough to provide me with a copy of it?

As I said in my previous email, you have until 16th May to provide me with the bank's final response, when I shall submit my complaint against RBS to the FOS whether I have it or not.

With regard to the 'goodwill gestures' if RBS admit no liability for their wrongdoing then surely these goodwill gestures could be thought of as generous gifts. If this is infact the case I would have no problem accepting such a gift, however I would still pursue my claim for the refund of charges vigorously and by any means necessary, whether it be through the legal system or the FOS.

I hope that this email doesn't need to be sent, printed off and sent by registered post, chased up with a phonecall and then sent again before I receive a response!

Regards,

Also, I followed a link in the main menu of this site about an ITV documentary on debt and how it affects the family unit. I spoke to a very nice lady who seemed interested in keeping in touch on the subject, I said I wasn't sure if I would like to appear on the programme but i'd consider it. If I do go ahead, RBS will definitely get a mention I was going to mention this in my email to see if it had an effect on my claim but I thought it sounded dangerously close to blackmail- any thoughts?

SM:p

[sn00psmum]

:o WOW, he's replied already!

 

I can confirm that I will send a copy of the offer we have issued and a copy

of the final response will also follow.

Short and sour!

 

SM:razz:

 

 

[photoman]

They are stalling you and mucking you about !!!!

 

Forget negotiation.

 

Have you already issued an N1 ?

 

If not, then just do so on Monday.

 

Then, any unsatisfactory offers should just be met with the response, you decline their offer, and will leave it for a judge to decide.

[sn00psmum]

Hi Photoman and thanks for replying.

 

No, I haven't issued an N1 yet. As I am in Scotland I have decided to go via the FOS as the courts have started to throw out 2nd and subsequent claims. The Summary Cause upper limit is £1500 and my claim is for just under £10k in charges, add CI into the equation and we're talking over £18k, rising at £6.52 daily! If I don't get any joy on the interest side of it with the FOS then I might consider court but I think it would have to be Ordinary Cause.

 

I'm just waiting for the 'final response', the deadline is Wednesday- but i'll be putting a complaint to the FOS then anyway.

SM:p

[isidore]

Interesting reading.....

 

I think whether they are stalling or not as long as you stick to Wednesday, it won't make much difference.

 

I know you have probably read this over and over but you will not doubt have a choice to make regarding the offer. If they do offer you the full amount of charges, then really speaking you should be accepting this though I don't really know how much this differs when using the FOS.

 

I would have thought by now you are fully aware of what you should or shouldn't be doing and have already decided upon an amount you would settle for.

 

Remember that even some of the largest of claims have had some compromise when it comes to settlement. You should have a lower amount in mind that you would consider imo.

 

Good luck with the FOS

[sn00psmum]

Been busy busy! Filed my Nationwide claim today, Capital One getting filed tomorrow (printer ran out of ink ) and i've just completed my FOS complaint for RBS.

 

Also, I put an account we have for a van with Renault Financial Services in dispute today as they've applied late payment fees and are refusing to reverse them and threatening to uplift the vehicle!

 

Will keep you posted with any progress.

SM:p

[sn00psmum]

JUST TO LET EVERYONE KNOW, THE CHEQUE FINALLY ARRIVED FOR HUBBY'S RBS BUSINESS A/C:D

Took alot of nagging to Mr Whittaker and it's a drop in the ocean compared to this claim but it's still a win and i'm so happy!

SM:razz:

[Bigmac versus]

RESULT, gives you the confidence to continue.

CONGRATULATIONS

[sn00psmum]

Thanks Bigmac, it certainly does

 

I have now completed my complaint for FOS and it's ready to be sent in the morning. It's for just over £24k :o as i've left the CCI in and included interest on loans I wouldn't have taken if it weren't for the charges.

 

I will keep this thread posted on any developments, I get the feeling I could be in for a long wait though

 

SM:p

[SweetRevenge]

well done you, now who's the legend?!!

 

Been out of circulation for a bit (wedding to plan for August, gulp) but I'm getting back in the fray this week, so I'll keep looking in on you - for advice, now, given that you're such an old hand!!

 

Congratulations!

[sn00psmum]

so I'll keep looking in on you - for advice, now, given that you're such an old hand!!

 

:o :o LOL!

 

Thanks for kind words, Sweetie, i'm subscribed to your thread so I got a message this morning and I was going to drop in and say Hi but you beat me to it! Feels so good to get a win doesn't it? Just drumming my fingers now waiting for Cap 1 & N/wide to cough up, court date for both is 17th July, waiting for HBOS, Lloyds TSB & others to 'locate my account' oh, and of course the biggy with RBS to go through the FOS complaints procedure, hehe!

 

Good luck with the wedding- planning= stress, but worth it on the lovely day

SM:p

[sn00psmum]

QUICK UPDATE:

CAPITAL ONE PAID OUT ON MY A/C, £563 INCLUDING CI

RBS PAID OUT ON HUBBY'S BUSINESS A/C £880

NATIONWIDE PAID ALL CHARGES, £1290 +INT @ 8% & COURT FEE BUT FURTHER CHARGES MEANS ANOTHER TRIP TO THE SHERIFF COURT

HUBBY'S CAPITAL ONE LBA READY TO GO, £641.74 INC CI

GE MONEY STATEMENTS ARR, £170 CHGS, WAITING FOR AN ANSWER AS TO WHETHER EARLY SETTLEMENT FEE & SETTLEMENT INTEREST CAN ALSO BE CLAIMED.....

RENAULT FINANCE DON'T ANSWER MY LETTERS REGARDING CHARGES BUT STILL INSTRUCT AGENTS TO HARASS US

LLOYDS TSB STALLING TACTICS ARE SOOOO TIRESOME- STILL NO STATEMENTS, REQUESTED OVER 100 DAYS AGO!!!!

A&L NOT PLAYING BALL, ABOUT TO FILE ANYDAY NOW

BEEN SO BUSY WITH THIS LOT HAVE GIVEN UP ON EVER GETTING STATEMENTS FROM AN OLD BANK OF SCOTLAND ACCOUNT

GETTING SARS READY FOR PREFERRED MORTGAGES, T-MOBILE, DUET, RENTSMART & SCOTTISH GAS (DICK TURPIN!)

HFC BANK HAVE SENT MY STATEMENTS BUT I HAVEN'T GOT ROUND TO PRELIM YET

OH, AND NOTHING FROM FOS REGARDING MY HUGE RBS CLAIM EXCEPT THE STANDARD 'WE ARE DEALING WITH YOUR REQUEST BUT THIS MAY TAKE FOREVER AND A DAY' LETTER

AND NOW THE KIDS ARE ON HOLIDAY, AAAAARRRGHHH!!!!!!

BTW, WHERE IS EVERYONE, HAVE YOU ALL FINISHED WITH BANKS FOR GOOD & MOVED ON WITH YOUR LIVES? LOL:D

SM:razz:

[Bigmac versus]

It aint a speedy process the FOS but then again what is?

[sn00psmum]

Just phoned the FOS, they are so busy it will be next week before they can look at my complaint, they are currently working on post dated 1st June.

SM:p