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Reclaiming Bank Charges (RBS)

edited 30 November -1 at 1:00AM in Reclaim Bank & Credit Card Charges
5 replies 19.9K views
KevinKKevinK Forumite
42 posts
edited 30 November -1 at 1:00AM in Reclaim Bank & Credit Card Charges
Hi not been on here for a while, but been helped out many times by people on here. My girlfriend is trying to claim my bank charges back from RBS and we've being doing some research on the internet. Drafted this letter below and going to send tomorrow to our local branch (unless someone can suggest a better address?). Not really sure what I'm doing to be honest so any help is brilliant, and realistically what are my chances of getting a refund?

[My Address]

27/05/2011

Dear Sir or Madam,

Re:

Account number:
Sort Code:

I am contacting you to ask you to repay the charges that you have applied to my account since December 2007.

It has come to my attention that the 'fees', 'penalties' and other names that you have given for the charges that you have applied to my account in respect of exceeded overdraft limits, late payments, direct debit payments causing my account to go overdrawn and so on are unlawful in common law, statute and under consumer legislation. Under the Unfair Terms in Consumer Contracts Regulations 1999 charges must reflect administration costs and cannot be punitive. I believe that these charges are unlawful as they do not reflect the true cost of going into an unauthorised overdraft.

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

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

I have calculated that you have taken £530.94. I have also provided a breakdown of these charges for your attention.

Additionally you may have entered a default notice against my credit record. If this default occurred merely in respect of unlawful charges levied by you or was the result of my account not having enough money available which was caused directly by the taking by you of penalty charges which you had applied unlawfully to my account then I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.
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.

Please note I am also suffering from severe financial hardship. I have recently become a mother and am living off income support. This refund would go a long way to helping with my financial needs.

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, the 14 days to start from the date on this letter. I believe that this target is more than sufficient for a large company such as yours with dedicated staff and departments. Please also note I have sent this letter recorded delivery to ensure it reaches you.

If this is not done, I have been strongly advised by my accountant to begin a claim against RBS in the small claims court for the full amount, plus interest and my costs. I will also cease to use this account and take my money to another one of the banks which is not associated with RBS.

Yours faithfully,
Me

Replies

  • zpppzppp Forumite
    2.5K posts
    Nil. Have a look at MSE Martin's reclaim guide here; http://www.moneysavingexpert.com/reclaim/bank-charges

    Your letter is out of date. The arguments you have put in the letter were tested in the OFT court case. The only way banks will refund at the moment if you can prove financial hardship. Further information can be found with the above link.
    Best Regards

    zppp :)

  • KevinKKevinK Forumite
    42 posts
    Thanks :) Used that letter, send to head office you think? Or just local branch?
  • kennymclkennymcl Forumite
    1 posts
    First Post
    MoneySaving Newbie
    I'm currently suffering extreme mental health problem and am struggling to do this on my own as there are very few days I'm able to deal with things like writing letters and dealing with obstructive people over the phone! Is there a service available that could help me as Iv been trying to do this for about a year now and am unable to make it work! 

  • zx81zx81 Forumite
    29K posts
    Tenth Anniversary 10,000 Posts Photogenic Name Dropper
    ✭✭✭✭✭
    What is it you're trying to do?  
  • dunstonhdunstonh Forumite
    102.2K posts
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    ✭✭✭✭✭✭
    Watch out.  this is a 2011 thread revival.

    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
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