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Essix Blue v RBS

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Ok I like most am a relative newby to this (was recommended to do it by a friend)

 

I've already asked for (and received within 8 days) my 6 years of statements for the TWO RBS accounts I hold.

 

Just trawling through them now and totting up the charges.... but a couple of questions if anyone can help!

 

1) Can I claim back the monthly charge for my arranged overdraft (this amount varies monthly, usually around £25)?

 

2) Can I claim back interest charged for my O.D.?

 

3) When I submit my 2nd letter, outlining the charges I'm claiming back, do I have to list each and every charge seperately???

 

Thanks.


Request for statements sent 1/2/07

 

Statements received 10/02/07

 

Prelim emailed and posted 15/02/07

Prelim email received 15/02/2007

Prelim letter signed for 16/02/2007

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Hi EB,

 

1) Can I claim back the monthly charge for my arranged overdraft (this amount varies monthly, usually around £25)?

No this is an agreed charge and is therefore unclaimable.

 

2) Can I claim back interest charged for my O.D.?

Yes, but only a portion of it. Full explanation of how / what to do is here. Also gives you pointers on building up your claim sheet.

 

3) When I submit my 2nd letter, outlining the charges I'm claiming back, do I have to list each and every charge seperately???

You will need to send them a statement of your charges, there is a link to a spreadsheet to use in the link I provided in Q2. On here, you outline each charge seperately including description, date and amount so that you have an account of what you are claiming.

 

Good luck compiling your prelim and don't be afraid to ask for help along the way!


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Hi EB,

 

 

No this is an agreed charge and is therefore unclaimable.

after reading further, I realise that being a RBS Royalties Gold account holder, I'm subject to a charge of £12 per month for the 'privilege'.

 

However, my £12 charge increases to £25, sometimes £30 per month if I've incurred other charges that month. Can I claim the difference (i.e. £13 / £15 back from them??


Request for statements sent 1/2/07

 

Statements received 10/02/07

 

Prelim emailed and posted 15/02/07

Prelim email received 15/02/2007

Prelim letter signed for 16/02/2007

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After totting up, for 2 accounts, the total I'll be claiming back (without interest) is approx £3200


Request for statements sent 1/2/07

 

Statements received 10/02/07

 

Prelim emailed and posted 15/02/07

Prelim email received 15/02/2007

Prelim letter signed for 16/02/2007

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However, my £12 charge increases to £25, sometimes £30 per month if I've incurred other charges that month. Can I claim the difference (i.e. £13 / £15 back from them??

 

Yes. Again, this is outlined in the link I gave you above ;)


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Yes. Again, this is outlined in the link I gave you above ;)

ok - thanks for the link, I've downloaded the spreadsheet and begun to enter the charges...

 

BUT

 

I'm still confused as to interest!! As I understand it....

 

In the Charges and Interest tab, I enter the charges AND I can calculate the interest charged by going O.D. and claim this interest back, yes? I.E. if for 1 month I was charged £40, the interest I paid on that £40 can be claimed back?

 

Now, the s69 interest and / or daily interest, do I only calculate this (and include it in my claim) IF I issue court proceedings??????

 

Thanks in anticipation of you reply (and thanks for the goodwill messages)


Request for statements sent 1/2/07

 

Statements received 10/02/07

 

Prelim emailed and posted 15/02/07

Prelim email received 15/02/2007

Prelim letter signed for 16/02/2007

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update...

 

I've got halfway through inputing my charges and interest charges.....

 

I'm really confused how it all adds up. Some months if I'm £1400 OD (£250 is interest free) and I'm charged say £13 interest, it calculates I've paid £13 interest on penalties that month even if there have been NO penalties?!?!?!?

 

At the moment, interest on penalties is running at approx 20% of the penalties total, does that sound correct??


Request for statements sent 1/2/07

 

Statements received 10/02/07

 

Prelim emailed and posted 15/02/07

Prelim email received 15/02/2007

Prelim letter signed for 16/02/2007

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In the Charges and Interest tab, I enter the charges AND I can calculate the interest charged by going O.D. and claim this interest back, yes? I.E. if for 1 month I was charged £40, the interest I paid on that £40 can be claimed back?

 

Now, the s69 interest and / or daily interest, do I only calculate this (and include it in my claim) IF I issue court proceedings??????

 

Both questions are correct.

 

I'm really confused how it all adds up. Some months if I'm £1400 OD (£250 is interest free) and I'm charged say £13 interest, it calculates I've paid £13 interest on penalties that month even if there have been NO penalties?!?!?!?

 

Hmmm, not sure top of my head. Feel free to email me your spreadsheet so I can have a quick scan to check it is working correct.


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Both questions are correct.

 

 

 

Hmmm, not sure top of my head. Feel free to email me your spreadsheet so I can have a quick scan to check it is working correct.

emailed.


Request for statements sent 1/2/07

 

Statements received 10/02/07

 

Prelim emailed and posted 15/02/07

Prelim email received 15/02/2007

Prelim letter signed for 16/02/2007

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Looks fine to me.

 

The spreadsheet looks at the cumulative charges amount as @ time of interest charge hence the figures in months where no charge exists.

 

I would think it runs on the assumption that you haven't cleared your charges from one month to the next...


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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I had a claim against RBS and they offered to settle in full within 10 days of issuing the preliminary letter for a sum similar to yours, but no interest. I was amazed given the battles I seem to be having with the other banks.


If I have been helpful please click on my star and add a comment.

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I had a claim against RBS and they offered to settle in full within 10 days of issuing the preliminary letter for a sum similar to yours, but no interest. I was amazed given the battles I seem to be having with the other banks.

for how much (if you don't mind saying)?


Request for statements sent 1/2/07

 

Statements received 10/02/07

 

Prelim emailed and posted 15/02/07

Prelim email received 15/02/2007

Prelim letter signed for 16/02/2007

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£4K.


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£4K.

cool.

 

I'm ready to send my Prelim - just don't know what to do about the interest....

 

My charges total about £2500

 

OD Interest on those charges is approx £600

 

But if I stick on comunalitive interest at 29.9% the whole lot totals over £7K!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


Request for statements sent 1/2/07

 

Statements received 10/02/07

 

Prelim emailed and posted 15/02/07

Prelim email received 15/02/2007

Prelim letter signed for 16/02/2007

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??

 

Comunalitive?

 

Hee Hee!

 

Contractual you mean surely?!?!?

 

 

:D :D :D :D


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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??

 

Comunalitive?

 

Hee Hee!

 

Contractual you mean surely?!?!?

 

 

:D :D :D :D

You see? I'm that confused I even type it wrong.

 

Any advice on which way I should go??????


Request for statements sent 1/2/07

 

Statements received 10/02/07

 

Prelim emailed and posted 15/02/07

Prelim email received 15/02/2007

Prelim letter signed for 16/02/2007

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If you are ready and feel comfortable with a battle then claim everything.

 

If you want your money quickly, albeit a lesser sum then leave interest off your preliminary letter.

 

Although I do not know RBS, they well they may still offer you the base charges even if you ask for interest as well.

 

The choice however is a personal one. Think about it and decide tomorrow.

 

I have a mixed bag of claims, one I am claiming charges back 10 years and contractual interest and others just the 8% statutory (and of course the charges).


If I have been helpful please click on my star and add a comment.

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Its something you need to decide upon, read through peoples threads that are claiming contractual and see what experiences they are having. You might want to go through the extra work, you might not.

 

A couple of threads that are going through Contractual Interest claims with RBS at the moment are mcuth and livelylad. Find their threads and read up on what has happened. These are live claims and are quite detailed so should get a lot of info from them....


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Are there ANY examples of claims including contractual interest that have been won?

 

It'd be interesting to read their stories...


Request for statements sent 1/2/07

 

Statements received 10/02/07

 

Prelim emailed and posted 15/02/07

Prelim email received 15/02/2007

Prelim letter signed for 16/02/2007

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To clarify, as far as I am aware, no one has actually 'won' contractual interest in the sense that a judge has decided that you are entitled to the same. I have seen several threads with reference to dissenting judges though.

 

However, many claimants have settled and had contractual interest included as part of the settlement, see these threads for some discussion to help you decide:

http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming.html?highlight=contractual+interest

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/49074-can-we-have-new.html?highlight=contractual+interest

http://www.consumeractiongroup.co.uk/forum/scotland/62476-hbos-successfully-defended-claim.html?highlight=contractual

http://www.consumeractiongroup.co.uk/forum/general/63596-contractual-interest-judge-doesent.html?highlight=contractual


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Ok

 

I've decided to send in the Prelim for my 2 accounts, claiming charges and OD interest on those charges, but NO CI. The total is around £4k.

 

I'll draft my Prelim later and post on here to get reaction / advise.

 

Thanks everybody.


Request for statements sent 1/2/07

 

Statements received 10/02/07

 

Prelim emailed and posted 15/02/07

Prelim email received 15/02/2007

Prelim letter signed for 16/02/2007

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Here goes - fairly standard stuff - but WHO / WHAT ADDRESS DO I SEND IT TO????

 

[their address]

 

 

15 February 2007

 

 

Request for repayment of charges

 

Dear Sir/Madam,

 

ACCOUNT NUMBERS: xxxxxxxx, xxxxxxxx

 

My request

I am writing to ask you to refund to me the charges which you have levied from my accounts over the last 6 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that from account xxxxxxxx you have taken £xxxx plus £xxx.xx which you have charged me in overdraft interest for the sum which you have taken, and from account xxxxxxxx you have taken £xxx plus £xxxinterest. Total £xxxx.xx

I enclose a schedule of the charges which I am claiming with this letter

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

Yours faithfully,


Request for statements sent 1/2/07

 

Statements received 10/02/07

 

Prelim emailed and posted 15/02/07

Prelim email received 15/02/2007

Prelim letter signed for 16/02/2007

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bump


Request for statements sent 1/2/07

 

Statements received 10/02/07

 

Prelim emailed and posted 15/02/07

Prelim email received 15/02/2007

Prelim letter signed for 16/02/2007

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EB, top of the RBS forum is a sticky called "Contacts", use the Customer Relations address listed in there.


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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