offered a partial refund of RBS packaged fees. thoughts?

miktek

Hi,

I received a reasonable amount back from RBS 2 days ago after I complained about mis-sold packaged fees.
The letter detailing the refund arrived today and it turns out that while they don't dispute and in fact sincerely apologise for the fees charged from 2000 - 2012 (Royalties Gold) they disputed my claim for fees from 2012-present day (Select Silver)

The bank says that they gave me ample opportunity to 'opt out' at this stage, apparently sending me information telling me my options (opt out, keep account or go to a fee free account). I genuinely don't remember this.

Would people recommend that I fight this further?

(Or would it likely make them ask for the initial refund back!)

Thanks.

dunstonh

These are effectively two complaints. One to a 2000 sale which is likely to have no documentary evidence on file and a 2012 sale which is likely to have a much better audit trail and evidence of disclosures.

You are entitled to reject their response and refer it to the FOS or you could spend £10 and do a data subject access request to see what documentation they have. However, you would expect better audit trails on a 2012 case and you dont appear to have a sold complaint reason. So, its really up to you.

miktek

dunstonh wrote: »

These are effectively two complaints. One to a 2000 sale which is likely to have no documentary evidence on file and a 2012 sale which is likely to have a much better audit trail and evidence of disclosures.

You are entitled to reject their response and refer it to the FOS or you could spend £10 and do a data subject access request to see what documentation they have. However, you would expect better audit trails on a 2012 case and you dont appear to have a sold complaint reason. So, its really up to you.

Hi, many thanks for the reply.

Yes, I can see how it will be looked at as 2 complaints. One settled and the other refused. Thanks for the pointers.
So, if for instance, it can be proven that they sent out this documentation (I haven't signed anything) this could nullify my further claim? From my personal (perhaps over simplistic) point of view, it looks like I was being asked if I wanted to (or not to) opt out of something (a fee paying account) that they have already admitted they mis-sold me.

Thanks

dunstonh

So, if for instance, it can be proven that they sent out this documentation (I haven't signed anything) this could nullify my further claim?

You dont need to have signed anything. However, yes to the rest.

From my personal (perhaps over simplistic) point of view, it looks like I was being asked if I wanted to (or not to) opt out of something (a fee paying account) that they have already admitted they mis-sold me.

Different accounts. First being Royalties gold. The other Select silver. So, not the same thing. Most of these style complaints succeed not because of wrongdoing being proven but because of lack of evidence to support the sale.

miktek

many thanks again.

I'll have a think what to do.