RBS - Delay in decision

Afternoon All!
Would just like to run something passed you....
Back in June I used the resolver tool to claim mis-sold ppi on 2 credit cards, MBNA and RBS.
MBNA upheld my claim, paid out and all resolved inside 2 months.
Have just chased RBS who have not responded inside the 8 weeks stated in their letter. I have been told that they have a massive backlog due to the Plevin case and my claim is "in the pile". But I am claiming for straight forward mis-selling, not a Plevin claim.
I suppose I am wondering if I just have to sit & wait? (not really knowing what else I can do!)
start = Wed 19th Nov 2008 £21,225
end = Mon 28th Sept 2015 DEBT FREE!
I love a good plan - it may not work.... but I love a good plan!
«1

Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    First Anniversary Photogenic Name Dropper First Post
    Yes. Sit and wait.

    Or escalate to FOS and wait even longer.

    It's the same teams for mis selling and PPI.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
    It's the same teams for mis selling and PPI.
    I think you mean PPI mis-selling and Plevin.
  • natsplatnat
    natsplatnat Posts: 3,033 Forumite
    Photogenic First Post Combo Breaker First Anniversary
    Thank you for your responses.
    Can I go to the Ombudsman if I don't have confirmation that my claim has been unsuccessful? Is a delay in response a good enough reason?
    Could it just be (as zx81 suggests) that they are overloaded with the additional Plevin cases? They weren't specific in Plevin relating to my claim.
    I'll give it a few more weeks and see what happens.
    Thank you for your comments! Nats
    start = Wed 19th Nov 2008 £21,225
    end = Mon 28th Sept 2015 DEBT FREE!
    I love a good plan - it may not work.... but I love a good plan!
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
    Can I go to the Ombudsman if I don't have confirmation that my claim has been unsuccessful? Is a delay in response a good enough reason?
    The Bank are allowed eight weeks to provide a "full and final" response to your complaint. If they have not achieved this then you can immediately refer your case to the Ombudsman.

    On reflection, I agree it's likely that additional Plevin complaints have currently overwhelmed them and that, as a result, your PPI mis-selling complaint has not yet been considered.
    They weren't specific in Plevin relating to my claim.
    I'll give it a few more weeks and see what happens.
    A wise move, I think.
  • natsplatnat
    natsplatnat Posts: 3,033 Forumite
    Photogenic First Post Combo Breaker First Anniversary
    ppi complaint not upheld.


    Refund inline with the Plevin ruling offered.


    They have sent me a copy of the credit agreement (RBS Advanta), an Egg Statement from 2001 and one from 2009... but on their offer sheet they state they "only have details of your card account records from 01/02/2003. Where we do not have full details of the premium, interest rates or any interest amounts charges we have used assumptions based on the nearest available date to estimate what your were charged. We believe these assumptions to be in your favour. If you have any evidence available which provides more accurate information and you would like the offer to be re-calculated, please provide this information and we will make a revised offer, as appropriate."


    So I have 3 questions...


    a) Does the fact they sent a copy statement from 2001 prove that they do have account details prior to 2003?
    b) Would it be worth the time seeing if I can find Statements prior to 2003 to send them - would the missing info be on there?
    c) Credit agreement for RBS Advanta, both Statements supplied from Mint. Did Mint take over the RBS Advanta cards between 1999 and 2001?


    Thank you in advance for your replies.
    start = Wed 19th Nov 2008 £21,225
    end = Mon 28th Sept 2015 DEBT FREE!
    I love a good plan - it may not work.... but I love a good plan!
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
    edited 16 January 2018 at 12:29PM
    a) Does the fact they sent a copy statement from 2001 prove that they do have account details prior to 2003?
    No. It "proves" only that they have a "copy statement" from 2001. Earlier in your post you said it was a copy of the Credit Agreement?
    b) Would it be worth the time seeing if I can find Statements prior to 2003 to send them - would the missing info be on there?
    As they've said they are applying a calculation based on assumptions likely to be in your favour, the only reason to do as you suggest is if you can find statements which show you paid considerably more than they are offering. Remember, your complaint has failed, so you are only receiving a refund of excessive commission (and even that is guesswork by the Bank)
    c) Credit agreement for RBS Advanta, both Statements supplied from Mint. Did Mint take over the RBS Advanta cards between 1999 and 2001?
    I have no idea I'm afraid. As above, though, it's irrelevant.

    Your PPI complaint failed.

    It did not fail on the basis that the Bank no longer have details of your spending on the account.

    In your position, I'd just enjoy the Plevin redress. I very much doubt you will receive back less than you actually paid in commission.

    Alternatively, you can now refer your complaint to the Ombudsman. Why did the Bank reject your PPI complaint?
  • natsplatnat
    natsplatnat Posts: 3,033 Forumite
    Photogenic First Post Combo Breaker First Anniversary
    As they've said they are applying a calculation based on assumptions likely to be in your favour, the only reason to do as you suggest is if you can find statements which show you paid considerably more than they are offering. Remember, your complaint has failed, so you are only receiving a refund of excessive commission (and even that is guesswork by the Bank).



    It's going to be a big stab in the dark isn't it as we don't know how excessive their commission was?! Would proving the outstanding balance in the early days be of any help... I'm thinking 1999-2001 when there was a transferred balance from another card?


    PPI complaint rejected as they have a copy of the application form from 1999 which my OH completed from a mail-shot and he ticked the box for cover. They state "it was provided on a 'non-advised' basis, so there was no assessment of circumstances, employment benefits or other means to cover repayment......the onus was on you to assess the policy's suitability to your circumstances at the time of the sale".
    Obviously we cannot prove we received the supporting policy paperwork for OH to check, but he did continue to pay the premium for quite some time.
    *insert rolling eyes here*


    There was a telephone discussion with OH about his complaint - now he isn't the best person on the phone and get flummoxed easily. Reading through the letter from the bank it would appear that OH said he didn't have any alternative cover other than 3 months full sick pay from work. I'm not sure this is correct, if I can prove something different could it change their decision (adiditonal info etc).


    The payment protection section on the application form says "...We strongly recommend you take out the cover. For cover just tick this box." No mention of this costing any money, or to read through any included paperwork to check your suitability. I am sure nowadays there would be more disclaimers over a tick selection box like this. I know, I know!! he ticked it and had plenty of opportunity to cancel it
    *insert rolling eyes here*
    start = Wed 19th Nov 2008 £21,225
    end = Mon 28th Sept 2015 DEBT FREE!
    I love a good plan - it may not work.... but I love a good plan!
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
    It's going to be a big stab in the dark isn't it as we don't know how excessive their commission was?
    The Bank aren't guessing their commission rates, only how much you paid. They are doing this based on the existing records of your card usage. How do you propose to prove the "outstanding balance" on a month-by-month basis without comprehensive statements from your own archive ?

    Your PPI complaint rejection reveals nothing you can realistically challenge, I'm afraid.

    Your choice whether to refer it to the Ombudsman.
  • natsplatnat
    natsplatnat Posts: 3,033 Forumite
    Photogenic First Post Combo Breaker First Anniversary
    The Bank aren't guessing their commission rates, only how much you paid. They are doing this based on the existing records of your card usage. How do you propose to prove the "outstanding balance" on a month-by-month basis without comprehensive statements from your own archive ?

    There is a chance that we have Statements from the earlier days, maybe not all of them but some! I will have a dig! Although not a financial genius my OH's hoarding tendancies do sometimes come in useful!
    The application form shows a request for a balance transfer from another card. Do you think they know whether that happened (again, without a bit of digging I don't know) or will I have to prove it? It was a few thousand pounds so could give a significantly higher balance!
    start = Wed 19th Nov 2008 £21,225
    end = Mon 28th Sept 2015 DEBT FREE!
    I love a good plan - it may not work.... but I love a good plan!
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
    There is a chance that we have Statements from the earlier days, maybe not all of them but some! I will have a dig!
    You need to realise that proving your card usage could result in you actually getting less than they are offering. The bank have already told you that the "Comparative Redress" is very likely in your favour..
    The application form shows a request for a balance transfer from another card. Do you think they know whether that happened (again, without a bit of digging I don't know) or will I have to prove it?
    I doubt a balance transfer will have attracted commission. Of course, anything you suggest will improve your redress must be backed up with proof.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards