Help needed with claiming charges back from RBS

[brooklyn]

Hi again,

 

I've just sat down to do my husbands chart and request for refund and the statements they have sent are the wrong ones again. Its now 45 days since the original request I've checked my letters just in case I had requested the wrong ones but I haven't and its clear and in bold which ones I need. I have replied promptly with all letters so I haven't caused any delay, what sort of letter should I send back?

 

Many thanks.

 

Brooklyn.

[annifridsl04]

I would send template 2 to them.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

They've done this with my auntie's claim & it's getting annoying.

 

This is just my opinion.

Good luck

Anni

[brooklyn]

Hello again,

 

I have received another letter today below;

 

 

We refere to your complaint on bank charges. we beleive that your complaint concerns the level,fairness or unlawfulness of the charges. If it concerns something else, such as an administative error, please let us know.

 

We beleive the charges are fair, transparent and lawful.

 

Since we last wrote to you, the bank (with several other banks) became involved in legal proceedings with the office of fair trading ( "OFT") on bank charges which we beleive will resolve the legal issues about the fairness and legality of your bank charges.

 

It would be our normal approach to resolve your complaint through our internal complaints process as quickly as possible. However, until the determination of the legal issues in the above proceddings, we have asked the Financial Services Athority ("FSA") to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights.

 

We can assure you we have registered and stored your complaint. please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case.

 

Once the legal proceedings between the OFT and the banks finish, we will resolve your complaint as quickly as possible.

 

We are sorry that we have not been able to respond in full to your complaint now, but we (together with the FSA and the OFT) think that it is necessary to resolve the key legal issues before we decide how we should respond to your complaint.

 

Obviously exactly what will happen next will depend on the courts. We do not know how long the case will take - we have prommissed to proceed as quickly as possible but inevitably given the importance of the issues being concidered this may take many months to finally resolve. But we can assure you that once the legal proceedings are completed we will resolve your complaint as quickly as possible. If at that stage you do not agree with our conclusions you will of course be able to refer your case to the Financial Ombudsman Service ("FOS") (or to the courts).

 

Should you decide to refer your case to the FOS, you should be aware we have asked both the FOS and the courts not to proceed with any other case they are hearing until the test case is resolved. The FOS has indicated as a general proposition that it will indeed not proceed with cases which rely on the legal issues being considered in the test case.

 

Similary, you should be aware that if you choose to issue a claim in the County Courts, " the Masrer of the Rolls" (in England & Wales) or "The Lord Chief Justice"( Northern Ireland) has, at our request,issued a notification to the County Courts suggesting they stay proceedings about bank charges until resolution of the of the banks' proceedings with the OFT. Alternatavely the bank will immediately apply to the Court for an order to stay your action until the resolution of the bank's proceedings with the OFT.

 

We will keep you updated appropriately about the proceedings with the OFT. You can also check the latest position on our website at RBS: Test case - Overdraft Charges – Update.

 

The FSA requires us to ensure that your complaint will not be adversely affected by the delay in dealing with it. Customers for whom Scotland is the most likely juristiction should be particularly aware of the following:

 

1. You may choose to take your complaint or claim against us either the FSO or the courts in Scotland.

 

2. Your right to refer your complaint to the FOS will not be affected. The FOS provides a convenient alternative to the courts, and is free for consumers. However, as already explained, you should be aware that the FOS has, at our request, decided not to determine these complaints for the time being until the test case is resolved.

 

3.However, if you nonetheless wish to take your claim to the courts in Scotland, you should be aware that the timing of when you raise a claim against usmay be important. As such, you may wish to seek indipendant advice on filing a claim now to protect your rights (although you will have to pay a court fee). If you do this, you should be aware that the bank will immediately apply to the court to put your action on hold until the resolution of the bank's legal proceedings with the OFT.

 

If youhave any further questions or would like an update on the latest position regarding proceedings please check our website RBS: Test case - Overdraft Charges – Update or call us on 0845 3030 442. Lines are open 9.00am - 5.00pm Monday to Friday or 9.00am - 1.00pm Saturday.

 

 

Yours sincerely

 

 

 

sandy Watt.

customer relations.

 

WHAT DOES ALL THIS MEAN AND WHAT DO I DO NOW ?

 

Brooklyn

[brooklyn]

Hello is anyone there?

 

Sorry its been so long but we've had a run of bad luck and i haven't been much use to anyone. could someone please advise on what to do after this letter as nothing has been done since it arrived, do i proceed with the next step or do i wait, i would hate to miss out. I'll be reading through again to try and catch up with whats going on but if anyone could give me a quick update and a what next i'd be very greatfull.

 

Many thanks,

Brooklyn

[hedgey06]

Hi Brooklyn, the letter you received in August is a standard letter that all banks have sent to customers attempting to reclaim their charges since the OFT test case was announced (links to the test case can be found on my signature and in the stickys).

 

Unfortunately though, the impending test case means that no payouts are being offered at prelim/LBA stages - and those who file at court find that their claims are 'stayed' until the outcome of the test case is known.

 

Having said that, it is still advisable to ensure that your claim is filed at court - this way, once the outcome of the test case is known your claim will be 'at the top of the pile' so to speak. Plus, you need to bear in mind the statute of limitations (again, links to all of this can be found in the stickys).

 

A very small number of claimants have managed to have their stays lifted recently, but they have been in genuine financial hardship (and others in financial hardship have been told by the courts that the stays will remain regardless of their personal/financial situations )

 

I'm sorry I can't be of much more help at the mo except to say file at court - then await the outcome of the test case.

 

Best of luck x

[brooklyn]

Hi,

 

Many thanks for the update i'll be catching up on everything asap, with all the other bad stuff i've had happen lately i didn't want to lose out on this aswell.

 

thankyou so much for your advice.

 

Brooklyn.