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  • FIRST POST
    • natsplatnat
    • By natsplatnat 12th Oct 17, 2:34 PM
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    natsplatnat
    RBS - Delay in decision
    • #1
    • 12th Oct 17, 2:34 PM
    RBS - Delay in decision 12th Oct 17 at 2:34 PM
    Afternoon All!
    Would just like to run something passed you....
    Back in June I used the resolver tool to claim mis-sold ppi on 2 credit cards, MBNA and RBS.
    MBNA upheld my claim, paid out and all resolved inside 2 months.
    Have just chased RBS who have not responded inside the 8 weeks stated in their letter. I have been told that they have a massive backlog due to the Plevin case and my claim is "in the pile". But I am claiming for straight forward mis-selling, not a Plevin claim.
    I suppose I am wondering if I just have to sit & wait? (not really knowing what else I can do!)
Page 1
    • zx81
    • By zx81 12th Oct 17, 2:41 PM
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    zx81
    • #2
    • 12th Oct 17, 2:41 PM
    • #2
    • 12th Oct 17, 2:41 PM
    Yes. Sit and wait.

    Or escalate to FOS and wait even longer.

    It's the same teams for mis selling and PPI.
    • Moneyineptitude
    • By Moneyineptitude 12th Oct 17, 2:57 PM
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    Moneyineptitude
    • #3
    • 12th Oct 17, 2:57 PM
    • #3
    • 12th Oct 17, 2:57 PM
    It's the same teams for mis selling and PPI.
    Originally posted by zx81
    I think you mean PPI mis-selling and Plevin.
    • natsplatnat
    • By natsplatnat 12th Oct 17, 3:00 PM
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    natsplatnat
    • #4
    • 12th Oct 17, 3:00 PM
    • #4
    • 12th Oct 17, 3:00 PM
    Thank you for your responses.
    Can I go to the Ombudsman if I don't have confirmation that my claim has been unsuccessful? Is a delay in response a good enough reason?
    Could it just be (as zx81 suggests) that they are overloaded with the additional Plevin cases? They weren't specific in Plevin relating to my claim.
    I'll give it a few more weeks and see what happens.
    Thank you for your comments! Nats
    • Moneyineptitude
    • By Moneyineptitude 12th Oct 17, 3:12 PM
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    Moneyineptitude
    • #5
    • 12th Oct 17, 3:12 PM
    • #5
    • 12th Oct 17, 3:12 PM
    Can I go to the Ombudsman if I don't have confirmation that my claim has been unsuccessful? Is a delay in response a good enough reason?
    Originally posted by natsplatnat
    The Bank are allowed eight weeks to provide a "full and final" response to your complaint. If they have not achieved this then you can immediately refer your case to the Ombudsman.

    On reflection, I agree it's likely that additional Plevin complaints have currently overwhelmed them and that, as a result, your PPI mis-selling complaint has not yet been considered.
    They weren't specific in Plevin relating to my claim.
    I'll give it a few more weeks and see what happens.
    Originally posted by natsplatnat
    A wise move, I think.
    • natsplatnat
    • By natsplatnat 16th Jan 18, 10:51 AM
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    natsplatnat
    • #6
    • 16th Jan 18, 10:51 AM
    • #6
    • 16th Jan 18, 10:51 AM
    ppi complaint not upheld.


    Refund inline with the Plevin ruling offered.


    They have sent me a copy of the credit agreement (RBS Advanta), an Egg Statement from 2001 and one from 2009... but on their offer sheet they state they "only have details of your card account records from 01/02/2003. Where we do not have full details of the premium, interest rates or any interest amounts charges we have used assumptions based on the nearest available date to estimate what your were charged. We believe these assumptions to be in your favour. If you have any evidence available which provides more accurate information and you would like the offer to be re-calculated, please provide this information and we will make a revised offer, as appropriate."


    So I have 3 questions...


    a) Does the fact they sent a copy statement from 2001 prove that they do have account details prior to 2003?
    b) Would it be worth the time seeing if I can find Statements prior to 2003 to send them - would the missing info be on there?
    c) Credit agreement for RBS Advanta, both Statements supplied from Mint. Did Mint take over the RBS Advanta cards between 1999 and 2001?


    Thank you in advance for your replies.
    • Moneyineptitude
    • By Moneyineptitude 16th Jan 18, 11:21 AM
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    • #7
    • 16th Jan 18, 11:21 AM
    • #7
    • 16th Jan 18, 11:21 AM
    a) Does the fact they sent a copy statement from 2001 prove that they do have account details prior to 2003?
    Originally posted by natsplatnat
    No. It "proves" only that they have a "copy statement" from 2001. Earlier in your post you said it was a copy of the Credit Agreement?
    b) Would it be worth the time seeing if I can find Statements prior to 2003 to send them - would the missing info be on there?
    Originally posted by natsplatnat
    As they've said they are applying a calculation based on assumptions likely to be in your favour, the only reason to do as you suggest is if you can find statements which show you paid considerably more than they are offering. Remember, your complaint has failed, so you are only receiving a refund of excessive commission (and even that is guesswork by the Bank)
    c) Credit agreement for RBS Advanta, both Statements supplied from Mint. Did Mint take over the RBS Advanta cards between 1999 and 2001?
    Originally posted by natsplatnat
    I have no idea I'm afraid. As above, though, it's irrelevant.

    Your PPI complaint failed.

    It did not fail on the basis that the Bank no longer have details of your spending on the account.

    In your position, I'd just enjoy the Plevin redress. I very much doubt you will receive back less than you actually paid in commission.

    Alternatively, you can now refer your complaint to the Ombudsman. Why did the Bank reject your PPI complaint?
    Last edited by Moneyineptitude; 16-01-2018 at 11:29 AM.
    • natsplatnat
    • By natsplatnat 16th Jan 18, 12:05 PM
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    natsplatnat
    • #8
    • 16th Jan 18, 12:05 PM
    • #8
    • 16th Jan 18, 12:05 PM
    As they've said they are applying a calculation based on assumptions likely to be in your favour, the only reason to do as you suggest is if you can find statements which show you paid considerably more than they are offering. Remember, your complaint has failed, so you are only receiving a refund of excessive commission (and even that is guesswork by the Bank).
    Originally posted by Moneyineptitude


    It's going to be a big stab in the dark isn't it as we don't know how excessive their commission was?! Would proving the outstanding balance in the early days be of any help... I'm thinking 1999-2001 when there was a transferred balance from another card?


    PPI complaint rejected as they have a copy of the application form from 1999 which my OH completed from a mail-shot and he ticked the box for cover. They state "it was provided on a 'non-advised' basis, so there was no assessment of circumstances, employment benefits or other means to cover repayment......the onus was on you to assess the policy's suitability to your circumstances at the time of the sale".
    Obviously we cannot prove we received the supporting policy paperwork for OH to check, but he did continue to pay the premium for quite some time.
    *insert rolling eyes here*


    There was a telephone discussion with OH about his complaint - now he isn't the best person on the phone and get flummoxed easily. Reading through the letter from the bank it would appear that OH said he didn't have any alternative cover other than 3 months full sick pay from work. I'm not sure this is correct, if I can prove something different could it change their decision (adiditonal info etc).


    The payment protection section on the application form says "...We strongly recommend you take out the cover. For cover just tick this box." No mention of this costing any money, or to read through any included paperwork to check your suitability. I am sure nowadays there would be more disclaimers over a tick selection box like this. I know, I know!! he ticked it and had plenty of opportunity to cancel it
    *insert rolling eyes here*
    LBM ,- Wed 19th Nov 2008 21,225 PAID OFF
    *DEBT FREE 28th September 2015*
    *2018 cashback pending 99.80, paid ??*


    • Moneyineptitude
    • By Moneyineptitude 16th Jan 18, 12:21 PM
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    Moneyineptitude
    • #9
    • 16th Jan 18, 12:21 PM
    • #9
    • 16th Jan 18, 12:21 PM
    It's going to be a big stab in the dark isn't it as we don't know how excessive their commission was?
    Originally posted by natsplatnat
    The Bank aren't guessing their commission rates, only how much you paid. They are doing this based on the existing records of your card usage. How do you propose to prove the "outstanding balance" on a month-by-month basis without comprehensive statements from your own archive ?

    Your PPI complaint rejection reveals nothing you can realistically challenge, I'm afraid.

    Your choice whether to refer it to the Ombudsman.
    • natsplatnat
    • By natsplatnat 16th Jan 18, 12:29 PM
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    natsplatnat
    The Bank aren't guessing their commission rates, only how much you paid. They are doing this based on the existing records of your card usage. How do you propose to prove the "outstanding balance" on a month-by-month basis without comprehensive statements from your own archive ?
    Originally posted by Moneyineptitude
    There is a chance that we have Statements from the earlier days, maybe not all of them but some! I will have a dig! Although not a financial genius my OH's hoarding tendancies do sometimes come in useful!
    The application form shows a request for a balance transfer from another card. Do you think they know whether that happened (again, without a bit of digging I don't know) or will I have to prove it? It was a few thousand pounds so could give a significantly higher balance!
    • Moneyineptitude
    • By Moneyineptitude 16th Jan 18, 12:34 PM
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    Moneyineptitude
    There is a chance that we have Statements from the earlier days, maybe not all of them but some! I will have a dig!
    Originally posted by natsplatnat
    You need to realise that proving your card usage could result in you actually getting less than they are offering. The bank have already told you that the "Comparative Redress" is very likely in your favour..
    The application form shows a request for a balance transfer from another card. Do you think they know whether that happened (again, without a bit of digging I don't know) or will I have to prove it?
    Originally posted by natsplatnat
    I doubt a balance transfer will have attracted commission. Of course, anything you suggest will improve your redress must be backed up with proof.
    • natsplatnat
    • By natsplatnat 16th Jan 18, 12:56 PM
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    natsplatnat
    You need to realise that proving your card usage could result in you actually getting less than they are offering. The bank have already told you that the "Comparative Redress" is very likely in your favour..

    I doubt a balance transfer will have attracted commission. Of course, anything you suggest will improve your redress must be backed up with proof.
    Originally posted by Moneyineptitude

    Okay, can I get a full breakdown from the bank so I can see what info they have / have used?


    "I doubt a balance transfer will have attracted commission." Is the commission in question not part of the overall ppi premium applied?
    • Moneyineptitude
    • By Moneyineptitude 16th Jan 18, 10:53 PM
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    Moneyineptitude
    Okay, can I get a full breakdown from the bank so I can see what info they have / have used?
    Originally posted by natsplatnat
    You can certainly request such a breakdown. I don't see how you could challenge it, though.
    • natsplatnat
    • By natsplatnat 17th Jan 18, 8:41 AM
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    natsplatnat
    I doubt a balance transfer will have attracted commission.
    Originally posted by Moneyineptitude


    Was ppi not applied at a fixed rate for all outstanding balances?
    LBM ,- Wed 19th Nov 2008 21,225 PAID OFF
    *DEBT FREE 28th September 2015*
    *2018 cashback pending 99.80, paid ??*


    • Moneyineptitude
    • By Moneyineptitude 17th Jan 18, 11:37 PM
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    Moneyineptitude
    Was ppi not applied at a fixed rate for all outstanding balances?
    Originally posted by natsplatnat
    Yes, but your PPI complaint failed.
    • natsplatnat
    • By natsplatnat 18th Jan 18, 8:33 AM
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    natsplatnat
    Yes, but your PPI complaint failed.
    Originally posted by Moneyineptitude

    I understand that - but if the bank applied ppi to all outstanding balances, and the ppi was at a fixed rate (which included the commission - I'm assuming the commission was built into the premium) how could the balance transfer have not attracted commission?
    • sun73
    • By sun73 18th Jan 18, 10:22 PM
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    sun73
    Good question. If you could find proof that the balance transfer actually took place, then it seems pretty obvious that a higher balance on the RBS credit card would have attracted more commission from the opening of the account.
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