Royal Bank of Scotland (merged)

whathappensnext_2

I have gone down the court route with the RBoS for £3770 and at midnight last night(08-01-07) I applied for judgement as they had acknowledged the claim but made no further reply to the court. Today (09-01-07) in the post I get a letter from their solicitors which basically tries to make me look like a lying bank robber (just without a gun). We have no idea what you mean by asking us for some of our money? What are you talking about you stupid boy? I didn't provide the court with a breakdown of the charges and as the space is limited on-line to enter details they have tried to make it look like I don't know what I'm doing. They have attempted to make it seem that this is the first they have heard from me and they are all indignant that I could be so impertinent.

What happens now?

I applied for judgement based on the fact that they hadn't responded but then their response arrived in the post. Does this mean
I win because their response didn't arrive at the court in time?
I have to reply to the points they raise in their letter and we continue arguing?
The court decides on the information they have in front of them now?

Please help me.

LuisLuis1

Hi

Just joined this forum because my December statement came through showing that I am being charged £28 service charge for going £28.20 overdrawn over Christmas. Then today I recieved another notification from RBS to say I was going to be hit with a 'Paid Referral Charge' of £30, again due to the same overdraw. When I called my branch I was told one charge was for being overdrawn and the other was for them paying the amounts when the money wasn't there in my account.

I'm annoyed enough that I am being charged almost £60 for being half as much overdrawn (only £28.20) but what's more is that it was due to cash withdrawals that were late to come out of my account which I thought had already taken effect. Any cash withdrawals have always been more or less instant with other bank accts I've had so I thought I could rely on the balance the machine showed.

I made withdrawals on 22/23 Dec prior to Christmas which according to my bank statement did not take effect on my account until 27 Dec. My account had been showing £150 in credit in the early hours of 27 Dec when I then needed to withdraw £50, as we were going away for the week between Christmas and NY. I knew there were some debit transactions that might also not have hit but I knew I had sufficient funds to cover these plus the £50 I needed.

Also, my bank statement is showing one of these pre-Christmas cash withdrawals (£50 made on 23rd Dec) as having actioned prior to the £50 withdrawal I made on 27 Dec. This wasn't the case when I viewed my balance at the time on the withdrawal on the 27th. The bank reckons I had a balance of £102.80 when I drew the money out, when the cashline machine (which I think is a RBS machine) I used was still showing £152. Nevertheless I would have still gone o/d, as with the £50 I took there was still £70 in cash withdrawal transactions that had yet to show on my account.

Can anybody help??? Am I equally in my rights to oppose these charges even though I didn't have an arranged o/d limit. What's more have I got grounds to complain that even the statement is inaccurate because it's showing that one transaction occurred before it actually did, according to the cashline machine.

batty_uk

Oh my! what a mess.
My partner has an account with RBS as I do but in a different branch. He transfers £500 per month to my account each month by standing order. Last month he cancelled standing order but neglected to tell me (this was due to work not paying correct wages and he did not have the funds). So the £500 goes into my account anyway.........I go to bank, check balance and withdraw the money plus more besides. Leaving a balance of about £150 in my account. 2 days later RBS recall the £500 from my account because partners account is a basic one and is not allowed an overdraft..........the transaction took him £490 overdrawn. The money was returned to his account and he was charged £38 for the pleasure.

All my DD were bounced and I have incurred charges to the tune of almost £400!!!!!!!!!!!!!!!!!!!!

My p went to his bank and the clerk admitted he remembered him going in to cancel the SO, he would find paperwork and get back to him. Next day he was told they would refund his charges so he said and what about my partners charges? they asked for letter from my bank which he took and they copied. Next day they said we dont remember you cancelling the SO and have no intention of refunding either yours or your partners charges!!!.

Hang on..............it gets worse!!!!
As I am now £900 over my overdraft..........they sent letter requesting I return card and cheque books. Tonight at 7pm I had a phone call from RBS centre in Scotland requesting I return card and cheque books or they will send someone round to collect them!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I am utterly horrified!!!!!!!:mad: :mad: :mad: :mad:

This is all after I have applied to claim back 6 yrs of bank charges

matt4504

So I got home from work today and there was a cheque for £497 waiting for me. Yay

scottish_blend

Nice one mate - your timings are similar to mine, so hopefully its me next!!

boo2rbs

require some outside advice am i doing things right ?
i have a few issues with the rbs currently and hope to claim some of the cash they took from me , i sent the folowing letters the 1st i sent on the 20/11/06
they sent a reply dated 5/1/07 in the reply pack i got printed notes from when i had contacted via mail/phone and there responce also letters from there tec support dep guiding there responces !! copys of all my letters ,copys of agreements , i did not get any details @ all of any charges on any account in fact it appears there has been a deliberate attempt to remove or preclude any details of charges of any kind , i got no print outs or statements
so i sent a seccond letter via fax and post 2 date i have no reply .
i have filled out my Information Commissioner's Office complaint form ready to send on the 7th day from the date of my seccond letter to rbs , any advise where i go now retrospectively and in the future would be greatfully recived . ... it seems there stonewalling my actions and i need to check there correct this action includes 5 accounts over 6 years and my accountant has indicated the sum of £12000 in charges on the accounts ..
less than i owe the bank currently (they hold security over 240k worth of propertys)

My appologys over length of post this seems to be taking over my life ,i cant sleep some nights lol ....



F.A.O
The Data controller
The Royal Bank of Scotland
Xxxxx
Xxxxx
Xxxxx
Xxxxx

RE: Accounts xxxxxxx,xxxxxx,xxxxx,xxxx xx and any further financial associations you hold against myself ….
I herby request under The Data Protection Act 1998
All information held by the Royal bank of Scotland relating to the above accounts, this is to include a comprehensive list of all default charges and default interest
charged to any of the aforementioned accounts held by myself at the Royal bank of Scotland whilst I will accept statements relating to the accounts this request is not limited to printed statements and I make it clear I am not requesting bank statements as I am aware they are not covered under The Data Protection Act 1998, I will however require all items covered by the act not limited to charges and statements.
You should be aware Royal bank of Scotland is obliged to fulfil my request and failure will result my seeking remedy from the information commissioner.

To clarify my request is for the flowing information pertaining to above accounts
All default charges, all default interest charged paid or unpaid.
Loan agreements, Land registry entries obtained by the royal bank of Scotland
Internal /eternal communications referring to myself undertaken by the royal bank of Scotland, to include electronic communications and paper communications,
Any further personal /financial information held over the last 6 years.
If you feel my requests are excessive and you are legally obliged to withhold any information contained above I request you formally inform me what information you intend to withhold and forward the remaining information within the allotted timescale.

I have included a cheque for £10 the maximum statuary charge ,should you wish to charge me for requested information.

Should any of the above information require clarification please contact myself directly.
I hope to hear from you in due course.

Yours sincerely,


SECOND LETTER


With reference your letter dated 5/1/07 & Response to my request for information Made under DATA PROTECTION ACT 1998
It appears your reply is Incomplete in many aspects firstly I requested this information going back six years from the date of my request in addition to all recent information, I also requested you supply a comprehensive list of all default charges and default interest charged to any of my accounts . So as indicated in your letter I’m writing to” let you know”, and will now clarify what information I am actually requesting. I will require a full and detailed list to include any charges made by yourselves for the following reasons ..

Account misuse fee
Cheque return fee
Unarranged borrowing fee
Unauthorised overdraft fee
Unpaid DD fee
Unpaid cheque fee
Unpaid standing order fee
Any Late payment fee
Exceeding Authorised Overdraft Limit
Exceeding Unauthorised Overdraft Limit
Direct Debit/Standing Order/Cheque returned fee
Irregular fee
Paid referral fee
Made in the last six (6) years

Please not this request is directed to and should include all departments of The ROYAL BANK OF SCOTLAND plc …


If you are unable to provide this data, I will accept a copy of my statements for all accounts going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but details of the charges, which I’m entitled to by law.


By not supplying the information I requested, you have breached my rights under the D.P.A. You leave me with no alternative that if I do not receive the information I have requested within the next seven days, I will forward copies of my requests to the Information Commissioner.

*Under section 47 of the Data Protection Act it is a criminal offence to fail to comply with an information notice.*

Edinburghlass_2

I would follow the second letter with a phone call asking if they are dealing with it as suggested by Martin and if they aren't then you need to send your complaint to the Information Commissioner.

boo2rbs

thanks for taking the time to read my post ,funny thing i have already downloaded and filled in the complaint form and its printed and in an envelope ..
im gona send it if they fail to comply , ive had a quick read around but it seems i realy need the nfo ive requested > any advise ?

Edinburghlass_2

You do need the accurate information as this spreadsheet of each and every charge will form part of your defence at court so there really is nothing I can suggest other than perhaps try your local branch and see if they can help?

Do you not still have your six years of business statements as required by the Inland Revenue?

boo2rbs

i do have quite a few in fact most but not 4 the last year as the account is @ credit mangement who claim they dont produce them , and i also have a letter from my accountant in it they admit they have LOST 2 years worth of accounts But they do apologise however !! they did some how submit my accounts :rolleyes: the RBS are stonewalling me there aware of what my intentions are ,I have offerd to pay off most of what i owed them say 80-85 % in full and final settlement they refused ... tbh i have no faith @ all in them , the sent me CCA notices on all acounts/loans even tho they say there not coverd by the consumer credit act ,they renewed my od @ 3% above i have a document to prove they then charged me 6% the obtained legal charges on propertys without me signing forms , They gave me 25k 8 years ago i signed for the loan around 12month later..after they called me in they claimed it was an error on there part < I should say not signed / not paying !!! that could have been a option ,Howevere i did sign and payed it , ohhh i could go on and on but i will post in the correct places for advice as im not 100% shure they can even enforce the loans .....