Hogie v RBS

[Hogie]

happyolddog showed me this link so i can start a thread re. my claim. I am new to the site and so far very grateful for the advice within.

 

I am still unsure on a couple of things. Does anyone know enough about RBS claims to answer the following 2 points please?

 

Since 1996 I have had Royalties upgraded to Royalties Gold then finally to Premier. There is a monthly fee for this type of account which is topped up by a monthly maintenance charge if you go overdrawn. It is my understanding that I cannot claim back the monthly fee but can claim the maintenance charge. Please tell me if this is correct.

 

Also, RBS charge what they call a "Referral Charge" of £20 per item when they pay something whilst overdrawn. Is anyone familiar with this charge? I have read pieces in the forum where people say this charge is unfair and should be claimed for. But does anyone know if I can definitely include these charges in my claim.

 

Please help.

[Hogie]

Ok I have carried on my research within the site and found evidence of others claiming maintenance charges on top of Royalties, Gold and Premier fees. Also found info on Referral Fees being claimed. And so I shall claim for these also.

[HydraUK]

You are correct. You cannot claim the Royalties fee but it is usually combined with overlimit charges which you can claim, it will appear on about the same date every month as 'chg to ac no- xxxxxxxx' or similar.

 

Referral fees are claimable but I think you will find they are now £30.

 

But take a look at the bank's new T&C where they say that this is now for a service - every time you go overlimit they will charge you a one off fee for extending your overdraft temporarily - what a laugh! Comedians the lot of them!

 

Best of luck.

 

Phil

[isidore]

This should help....

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42749-bit-help-you-rbos.html

[Hogie]

Just over a week ago I finally sent in my request to RBS with list of charges. I have received the "sorry you are not happy" letter saying it will take 7 to 8 weeks to investigate.

 

I have read the step by step guide which says I should still send the letter before action 14 days after sumitting my claim. Should I tell Rbs at this stage that I do not intend to wait 7-8 weeks and will be issuing an LBA next week?

 

Really frightened by all of this but talking about over £3500 they have had from me in the last 6 years.

 

Any help to say I am doing the right thing really appreciated.

[Hogie]

Could I please have some advice on what to do next? Sent my prelim letter just over two weeks ago. Have received reply from RBS stating that they believe charges are fair. Also, says Rbs and other banks have, as a test case, become involved in proceedings with OFT which will resolve the legal issues about the fairness and legality of bank charges.

 

RBS go on to say that until these proceedings have been determined they have asked FSA to suspend the normal timetable for dealing with complaints and the FSA has agreed. Their advice to me is to wait until this test case has been resolved before I proceed any further with my claim.

 

They go on to advise me that should I choose to issue a claim in the County Court before the resolution of the test case the Master of Rolls in England has, at the request of RBS issued a notification to the County Courts suggesting they stay proceedings about bank charges. Alternatively, RBS say they will apply to the Court for an order to stay my action until the test case has been concluded.

 

Advice from someone in the know would be very much appreciated.

[hedgey06]

Hi Hogie,

 

You've received pretty much the same response that all bank charge claimants are receiving from their banks at the moment. Carry on and send the LBA - you'll then need to file N1 at county court.

 

Your bank will apply for a stay once you've filed at court, but not all courts are automatically staying cases by the way - and if your claim is stayed at some point, you can apply to have the stay lifted. For more info, please read the links on my signature.

 

Best of luck with your claim