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RSS1979 v RBS - ** Settled **


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My original claim amount was £149.00 19/06/06 - 08/12/06. Further charges were applied to my account whilst I was in the process of claiming these back so I added them to the value of my claim, as you will see below.

 

December 13 - 1st Letter hand delivered to branch, signed receipt obtained. Claim value £149.00

 

January 3 - Response from RBS

 

 

Dear RSS1979

 

Thank you for your letter dated 13 December 2006

 

I am sorry that we have not yet been able to respond to you and would ask that you bear with us meantime. We are currently investigating and will respond to you as soon as possible.

 

Thank you for your patience to date.

 

Yours sincerely

 

PP

 

Sandy Watt

Customer Relations

 

 

January 5 - LBA Hand delivered to branch, signed receipt obtained. Further charges added (since 1st letter), new claim value £215.00

 

January 15 - Response from RBS

 

 

Dear RSS1979

 

Thank you for your enquiry dated 5 January 2007 regarding charges applied to your account.

We are currently considering your claim and will respond to you as soon as possible.

 

Yours Sincerely

 

Sandy Watt

Customer Relations Unit

 

 

January 22 - RBS Offer

 

 

Dear RSS1979

 

Thank you for your letter of 13 December 2006. I am sorry that you have concerns regarding the charges that have been applied to your account.

We explain all of our terms & conditions including our fees and charges at account opening and they form the basis of your agreement with us. Full details are available at any time on our website and in out branches, and updates are sent out regularly to our customers. For your convenience, I am enclosing our current terms and conditions (including fees and charges) that apply to your account.*

 

RBS has for a number of years provided many every day banking services to customers free of charge when accounts are in credit or within a previously agreed overdraft limit. These services include access to our branch network, cheques, Direct Debits, Standing Orders, UK debit card transactions and UK ATM withdrawals. It is also important to us that our customers have every opportunity to arrange suitable borrowing facilities with us should they require extra funds whether through our branches, online or via out UK based call centres.

 

Whilst many of our services are provided without a corresponding charge, we do make charges when customers, by their actions, request an increase to or the creation of an overdraft in excess of their previously agreed limit. By reviewing such requests we provide an additional service to customers, in many instances allowing items to be paid either by creating or increasing an overdraft. These charges can be avoided entirely by arranging suitable borrowing facilities in advance.

 

For these reasons, we do not agree with the basis of your complaint. We believe that the charges we levy are for providing services and that they are not penalties or charges for default. Furthermore we believe that these charges are fair, reasonable and transparent.

 

However, having reviewed your case and as a gesture of goodwill and without admission of liability or error, in this instance we are prepared to offer the amount of £149.00 paid directly to your account.

 

To accept this offer in full and final settlement of your complaint please let me know by completing the attached form and returning it to us in the reply paid envelope provided. If you would like to discuss this offer please contact the number quoted above.

 

Any charges that properly accrue in the future will be applied to your account in line with our published tariff and in accordance with your agreement with the bank. Should you be unwilling to accept any such charges, then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may offer you a simple account that does not offer borrowing facilities or other services that can result in charges.

 

I trust that this will resolve your complaint, however for the sake of completeness I am enclosing a leaflet explaining the options available to your should you with to take matters further.*

 

Financial Services Authority guidelines state that we can regard your complaint as closed if we do not hear from you within eight weeks of this letter. If you do need to take you complaint forward, please let me know within this time.

 

I look forward to hearing from you.

 

Yours Sincerely

 

Sandy Watt

 

Customer Relations

 

*Not included

 

Offer rejected without notification as claim value had risen.

 

23 January - RBS 2nd Offer

 

 

Dear RSS1979

 

Thank you for your letter of 13 December 2006. I am sorry that you have concerns regarding the charges that have been applied to your account.

We explain all of our terms & conditions including our fees and charges at account opening and they form the basis of your agreement with us. Full details are available at any time on our website and in out branches, and updates are sent out regularly to our customers. For your convenience, I am enclosing our current terms and conditions (including fees and charges) that apply to your account.*

 

RBS has for a number of years provided many every day banking services to customers free of charge when accounts are in credit or within a previously agreed overdraft limit. These services include access to our branch network, cheques, Direct Debits, Standing Orders, UK debit card transactions and UK ATM withdrawals. It is also important to us that our customers have every opportunity to arrange suitable borrowing facilities with us should they require extra funds whether through our branches, online or via out UK based call centres.

 

Whilst many of our services are provided without a corresponding charge, we do make charges when customers, by their actions, request an increase to or the creation of an overdraft in excess of their previously agreed limit. By reviewing such requests we provide an additional service to customers, in many instances allowing items to be paid either by creating or increasing an overdraft. These charges can be avoided entirely by arranging suitable borrowing facilities in advance.

 

For these reasons, we do not agree with the basis of your complaint. We believe that the charges we levy are for providing services and that they are not penalties or charges for default. Furthermore we believe that these charges are fair, reasonable and transparent.

 

However, having reviewed your case and as a gesture of goodwill and without admission of liability or error, in this instance we are prepared to offer the amount of £215.00 paid directly to your account.

 

To accept this offer in full and final settlement of your complaint please let me know by completing the attached form and returning it to us in the reply paid envelope provided. If you would like to discuss this offer please contact the number quoted above.

 

Any charges that properly accrue in the future will be applied to your account in line with our published tariff and in accordance with your agreement with the bank. Should you be unwilling to accept any such charges, then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may offer you a simple account that does not offer borrowing facilities or other services that can result in charges.

 

I trust that this will resolve your complaint, however for the sake of completeness I am enclosing a leaflet explaining the options available to your should you with to take matters further.*

 

Financial Services Authority guidelines state that we can regard your complaint as closed if we do not hear from you within eight weeks of this letter. If you do need to take you complaint forward, please let me know within this time.

 

I look forward to hearing from you.

 

Yours Sincerely

 

Sandy Watt

 

Customer Relations

 

*Not included

 

Offer rejected without notification as claim value had risen.

 

26 January - N1 Claim form completed. Further charges applied to account, new claim value including CC interest at 8% and CC fee £311.92.

 

29 January - Claim Issued to RBS

 

7 February - Acknowledgment of Service received by CC. RBS state intention to defend.

 

22 February - RBS Group Litigation Offer

 

 

Dear RSS1979

 

The above Claim has been passed to the Group Litigation section of The Royal Bank of Scotland Group. Would you please address all future correspondence in this matter to this address.

 

We believe that your Particulars of Claim disclose no reasonable grounds or cause of action against the Bank. However, we believe that, given the amount of your alleged claim, it is not commercially viable or cost effective for the Bank to defend this claim.

 

Therefore, I am writing to advise you that the Bank is prepared to pay you the full value of your claim being £311.92 in full and final settlement of these proceedings. A cheque is enclosed with this letter. Please note that payment will be made with no admission of liability and subject to your agreement not to court publicity, or disclose or refer to any third party, the background to this matter, and also to keep the terms of this settlement strictly private and confidential.

 

This payment is also conditional upon you writing to the Court to discontinue proceedings and not to take any steps to enter Judgement against the Bank.

 

Any charges that properly accrue in the future will be applied to your account in line with our published tariff and in accordance with your agreement with the bank. Should you be unwilling to accept any such charges, then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may offer you a simple account that does not offer borrowing facilities or other services that can result in charges.

 

Yours Sincerely

 

Benjamin Mathers

Trainee Solicitor

 

 

22 February - Letter to RBS Group Litigation Rejecting terms of settlement (emailed and posted recorded delivery)

 

 

Mr. Mathers,

 

Thank you for your letter dated 19 February which I received on 22 February.

I respectfully decline your offer of full and final settlement and have included the cheque you supplied in respect of that offer.

 

I found the content of your letter very interesting however the conditions you attached to your offer are unacceptable, namely paragraph 3 line 3 “Please note that payment will be made with no admission of liability and subject to your agreement not to court publicity, or disclose or refer to any third party, the background to this matter, and also to keep the terms of this settlement strictly private and confidential.” As a member of the Consumer Action Group I feel a loyalty to share details of this claim with fellow members and any other interested party.

 

I look forward to receiving your revised offer without the conditions detailed above.

 

I trust this clarifies my position.

 

Yours Sincerely,

 

RSS1979

 

 

24 February - RBS Group Litigation 2nd Offer Cover Letter and Amended Offer Letter

 

 

Dear Sir

 

Thank you for your letter dated 22 February 2007. I am pleased to enclose a new settlement letter along with a cheque for £311.92 in full and final settlement of your claim. I trust that you will now be satisfied with the terms or settlement.

 

Yours Faithfully

 

Benjamin Mathers

Trainee Solicitor

 

 

Dear Sir

 

The above Claim has been passed to the Group Litigation section of The Royal Bank of Scotland Group. Would you please address all future correspondence in this matter to this address.

 

We believe that your Particulars of Claim disclose no reasonable grounds or cause of action against the Bank. However, we believe that, given the amount of your alleged claim, it is not commercially viable or cost effective for the Bank to defend this claim.

 

Therefore, I am writing to advise you that the Bank is prepared to pay you the full value of your claim being £311.92 in full and final settlement of these proceedings. A cheque is enclosed with this letter. Please note that payment will be made with no admission of liability.

This payment is also conditional upon you writing to the Court to discontinue proceedings and not to take any steps to enter Judgement against the Bank.

 

Any charges that properly accrue in the future will be applied to your account in line with our published tariff and in accordance with your agreement with the bank. Should you be unwilling to accept any such charges, then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may offer you a simple account that does not offer borrowing facilities or other services that can result in charges.

 

Yours Faithfully

 

Benjamin Mathers

Trainee Solicitor

 

 

Now settled and to my complete satisfaction. Can even share the detail with you lot without breaching the terms of settlement

"If you owe the bank 100 pounds, you're the one with the problem. But if you owe a million pounds, the bank's the one with the problem."

 

Lord John Maynard First Baron Keynes of Tilton.

 

"If you owe the bank $100, that's your problem; if you owe the bank $100 million, that's the bank's problem".

 

John Paul Getty

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Wow! Well done you and congratulations on taking on the big boys & winning, bet you feel great! Thanks for posting as it will inspire others to carry on instead of buckling at the bank's first offer as I almost did!:D Filing on Monday:lol:

 

Best wishes

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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I have another one to post from earlier last year, I never got round to putting it on.........also a donation to make!!!!

"If you owe the bank 100 pounds, you're the one with the problem. But if you owe a million pounds, the bank's the one with the problem."

 

Lord John Maynard First Baron Keynes of Tilton.

 

"If you owe the bank $100, that's your problem; if you owe the bank $100 million, that's the bank's problem".

 

John Paul Getty

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