📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

RBS claim...any chance?

Hi

I am after some advice really. My brother had an RBS account years ago (about 10) which I believe he was mis sold and there were charges applied which were unlawful too. He wanted his overdraft increased but they told him he couldn't get it unless he upgraded his account which he did but he was self employed (think to get the account he had to be employed) and had no salary going into his account so they started charging him £10 per month (for the silver account I think) but because there was no money in his account he then got bank charges and so on...... He eventually owed about £1500 which I complained in branch about as I worked for lloyds tsb at the time but they fobbed me off. We cleared the debt and closed the account. I tried to claim the bank charges back and started court proceedings but it then got stuck in the high court as so many others were doing the same.

I'm wondering whether we can still claim for this money but have little detail about the account and because it was so long ago but it sticks in my throats that they got away with it :mad:

Any help would be very appreciated :rotfl:

Comments

  • Nasqueron
    Nasqueron Posts: 10,817 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    2009 court case ended any chance of getting back "unfair" charges (they are NOT unlawful)

    He wanted a bigger OD but had no money going in so how was he going to pay it off? If anything the £10 monthly charge was better than a daily charge for his OD + interest on top

    He should have reigned in his spending when he was struggling and asked for a financial hardship case not leaving it years. It's too late for this one I'm afraid.

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • He was self employed, earning money but not being paid into bank. The overdraft was to help with a deposit on a new property.

    He ended up being charged daily for an account he should neve have been sold.

    He wasnt struggling for money just wasnt aware they signed him up for an account he didn't need.

    I don't find your reply helpful, more sarcastic and you haven't read the initial question nor answered it.
  • dunstonh
    dunstonh Posts: 119,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I tried to claim the bank charges back and started court proceedings but it then got stuck in the high court as so many others were doing the same.

    It got "stuck" as the any outstanding court cases were given a stay pending a high court case. A case the banks won. That put an end to unfair bank charge reclaims and those stayed cases were terminated.
    He was self employed, earning money but not being paid into bank.

    So, where was this money going? Saying something like that to a bank would require them to report him for potential tax evasion.
    I'm wondering whether we can still claim for this money but have little detail about the account and because it was so long ago but it sticks in my throats that they got away with it

    You can complain about the sale of the account but if the charges were due to being overdrawn then you can forget it. That ship sailed a long time ago. A lot of the packaged bank accounts have more favourable overdraft terms than business accounts or standard current accounts. i.e. lower interest rates or even free up to a point but with a fixed charge instead. He would have been charged for being overdrawn on any of the accounts. It is the amounts that would be different.
    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.
  • He worked in partnership with another 2 people. The money was shared between them. He paid tax through his accountant so no wrong doing there.

    It was the way the account was sold, they didn't tell him he would have to pay 10 per month which then lead to the other issues.

    Thanks for the information, much appreciated :)
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Kerr2780 wrote: »

    I don't find your reply helpful, more sarcastic and you haven't read the initial question nor answered it.
    The response from that user was simply factual as far as I can see.

    Charges are not (nor have they ever been) "unlawful".

    The Banks won their court case about charges in 2009.

    You really have no complaint.

    Sorry if that's not what you want to hear.
  • If people would answer the original question rather than commenting on things they know nothing about then I wouldn't have to comment, again if you have no advice please

    I fail to see how there is no complaint when he was mis sold the account, is this not the point of this forum?
  • Mersey_2
    Mersey_2 Posts: 1,679 Forumite
    edited 7 February 2017 at 4:20PM
    Kerr2780 wrote: »
    Hi

    I am after some advice really. My brother had an RBS account years ago (about 10) which I believe he was mis sold. He wanted his overdraft increased but they told him he couldn't get it unless he upgraded his account which he did but he was self employed (think to get the account he had to be employed)

    I'm wondering whether we can still claim for this money but have little detail about the account and because it was so long ago but it sticks in my throats that they got away with it :mad:

    Any help would be very appreciated :rotfl:





    You're right, in that, what your brother was told - is indeed an example of mis-selling by RBS.


    Indeed it's the same thing many others were told who have successfully reclaimed the packaged account fees plus 8% pa interest.


    However, it may now be too late to raise - as it may be time barred if eg the bank sent a refresher pack detailing the charges and terms. (I can only think of those acting on behalf of very ill people who have managed to raise such cases years later). But if you really want to pursue the matter you (with authority) or your brother can certainly email RBS who will respond within 8 weeks. Having no account number to hand is usually not a problem with the RBS Group, ie I have known people reclaim store card PPI from the 1990s and RBS found [that historic Style card liability] their account details simply by a search of their name and address.


    Nasqueron is right re the separate complaint head of unfair charges.


    Only current financial hardship usually result in these being refunded.


    The only examples I know of where bank charges are still being refunded today are due to bank error, or where the - unsought ie wrongly applied - packaged account fees caused the overlimit charges to be levied. But this only applies to current account holders so not your brother, unfortunately.
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
  • Thank you, in this case I won't be proceeding as it was so long ago.

    The advice recieved was very helpful in some cases. In grateful to all who replied in any case.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Kerr2780 wrote: »
    I fail to see how there is no complaint when he was mis sold the account, is this not the point of this forum?
    Nothing you have said indicates a mis-sale, though.

    You made a point of mentioning Bank Charges and then pointedly disregarded any mention of them by those who responded.

    You are free to complain (or not) as you see fit.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.4K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.8K Spending & Discounts
  • 244.3K Work, Benefits & Business
  • 599.6K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.