Royal Bank of Scotland (merged)

nickmack

stojio wrote:

I have written to my branch of RBS asking for the all penalty charge slips they have sent me in the past, or at least a note of charges, and then I sent copies of everything I sent first time round. Twice now they have just sent me past statements (on which there is no mention of penalties or charges - they always came on a seperate slip). I have requested the charges and sent the cheque for £10...which they have not cashed as yet...but all they do is send me the my statements!

I got a letter the first time stating it was not possible to duplicate the charge slips and USUALLY the charges appear on customer statements.

Where do I go from here? I'm annoyed but stumped. Is there any point in making a third request?

Firstly you need to make sure your request is a Subject Access Request under the Data Protection Act.

You should be asking for a list of charges. How they supply this information is up to them. You cannot specify, however it must be intelligible for the customer.

Bearing this in mind, most banks provide statements, which is acceptable under the act.

If your charges are not shown on the statements, they have not fulfilled your request. Them saying 'USUALLY the charges appear on customer statements' is not good enough.

If this is the case, confirm they are waiving the £10 fee and let them know they have not provided the information you asked for. Inform them, the clock is still ticking and if you don't have the information within the 40 days, you will make a complaint to the Information Commissioner and have the court enforce if necessary.

stojio

Thanks for that mate, I'll write up a new letter.

Maybe i'll put it on red paper with SUBJECT ACCESS REQUEST in yellow letters all round the borders ;-)

pigsmightfly

Hi There!

Just been reading through how people are getting on with Royal Bank of Scotland and I am currently in the process of claiming from Mint for my credit card so thought I would put my details down also:

- Sent my first letter and received my statements no problem.
- Sent next letter requesting money and got standard "we have received your complaint - will look into it" letter.
- I was due to send them the "threatening court" letter on Friday which I did, but then on Saturday morning, I received a letter from them which said the following:

"Thank you for your letter. I am sorry you have felt it necessary to bring your concerns to my attention however, your feedback is welcomed and I thank you for this.
From review of your letter, I am assuming you are referring to the statement published by the Office of Fair Trading (OFT) regarding charges. MINT has always been committed to ensuring that customers understand our charges and fee levels, which previously applied. These were clearly and consistently communicated to our customers as part of our published tariff of charges.
Although the OFT produced a statement on 5 April 2006 concerning the nature of these charges, we do not accept their finding in respect of credit card fees. Although a response has been submitted to the OFT, I do not feel it pertinent to comment at this time. Whilst strongly disagreeing with the findings MINT has lowered the fees charged to £12.00 as of 28 June 2006. However, we do not feel claims for monies processed prior to this should be refunded.
The charges were processed in accordance with the terms and conditions of the account of which you agreed when opening the account and I do not feel your comments surrounding any unlawful action, on behalf of MINT, to be justified.
Your file will remain open until 29 March 2007 to ensure you have sufficient time to consider the above. If you are happy with my letter, you do not need to do anything else and on this date the file will be closed.
If for any reason you still have concerns, I hope you will give me the opportunity to address them by contacting me. If however, you remain unhappy you can ask the Financial Ombudsman Service to look at your case."

I assume they were just trying to put me off and from another post on a different thread I've been told this is a standard "put-off" letter.

Have sent the "threaten court" letter anyway so just waiting for my reply this week...:rolleyes:

leannewood3

Hi,
I have sent my first letter to reclaim my bank charges and they haven't even acknowledged my letter. I am going to send them a second letter using the example template from this site. The letter asks to put the name of the court in I don't know what to put. I intend to use the moneyclaim online website if I have to start proccdings.
Please can anyone help?

Edinburghlass_2

You can either leave out that particular part or put in the name of your local court.

boo2rbs

Basically I called to chase up my statements that the RBS has to date failed to provide & I actually go to speak to the correct person WOW!! who stated he was in charge of all subject access requests .
I asked why to date they had failed to respond my original request under the data protection act and the two follow-ups letters and additionally the latest My notice before action , he said ( we didn’t respond as we assumed they where TEMPLATE letters that are flying around ) , he vaguely indicated that the majority of applications currently received are from people tied up in media hype !!! And that as my letter appeared to be a template taken from the internet!!! after explain that my full intention was to recover all unlawful charges and having a valid reason to do so, there poor account management and my belief that ive been overcharged, etc I could go on but that’s unimportant !!
My point is just a warning it seems they are now adopting stalling tactics to letters that appear to be just cut and pasted from the internet!!! We all know there underhand approach to this issue but tbh I would assume that there intentions to lets say stretch the law!! should not go unnoticed I personally am not going to file a complaint with the data commissioner as there so far behind with there work load so its off to county court for me and I will be filing a Sec 7 claim my N1 is correctly filled out and will be entered within the week and I will see if a judge can force there hand …
My claim will be for around 6k+ this is prob 1 more reason there stalling lol .but
Don’t let them stall you all stick to your guns its not important if you have cut and pasted a letter from the internet as long as your request is served they must reply ….

bonesfym

I have recently written to RBS claiming £396 of unfair bank charges and am about to send second letter threatening court action. I now find I have gone overdrawn again and I have a £28 charge being deducted this month. Can this be added to my first claim or is it too late.
Regards
bonesfym

bonesfym

Further to attached. My charges are headed "Advice of service charge". I have just read that service charges cannot be claimed. Is this correct?

consnmattsmom

I need to send 2nd letter tomorrow as RBOS havent responded. Can I add an extra sentence to include amounts I am claiming.

"The amounts I shall be claiming will be £167 + int amount + £30 court costs."

Thanks

Edinburghlass_2

bonesfym wrote:

Further to attached. My charges are headed "Advice of service charge". I have just read that service charges cannot be claimed. Is this correct?

Give the bank a ring to check what terms they use for their charges. If you have a Royalties account with RBS you won't be able to claim the monthly charge but I don't know if they call this a service charge.

You can add a charge up until you get to the court stage