Regarding The Royal Bank of Scotland??
My fiance has just put a claim in for all the charges the Royal gave him whilst he was with them. He has to wait 40 days before they reply but I was just wondering if anyone had done this and they had paid up with no hassle? Thanks x
Write to the Financial Ombudsman as well with a copy of the letter you sent to the RBS. If the bank doesn't give you a satisfactory response in 8 weeks they can impose a financial solution on them. That will get them moving.
Expedent service from a finacial institution,are you mad?
I am in the process of doing this against my banks. Is he just waiting the 40 days for his back statements? He should only be waiting two weeks for ther bank to respond, and then he should launch his case in the County Court, which will cost him about £250 to do. No bank so far has gone this far, and the highest paid back to customers that I have heard so far is £18,000 for the past six years of penalty charges. Enclosed are the letters I used to submit to my bank. Good luck!
Under the Data Protection Act 1984 & 1998, and including the right of subject access under these acts, please supply me with a complete list of all transactions and charges relating to my bank account since February 2001. Alternatively, a complete set of bank statements for that period will be acceptable.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you.
If you are unable to supply data relating to manual intervention because there has been no such manual intervention, then please confirm this in your response to this request.
I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me then I shall be reclaiming them, and also reclaiming the enclosed £10 DPA disclosure fee.
Furthermore, I am sure you are now aware due to the number of these letters you receive plus the massive media attention, that every time you receive one of these letters it will be followed up by a request for a full refund of any disproportionate penalty charges, this will give you 14 days to do so before court action. Please note, if I have to take court action to reclaim these charges then I will do so. Therefore, to save yourselves some time and money, you can refund all these charges dating back 6 years immediately and you will not incur the court fees or your solicitor’s fees. Sincerely,
Due to recent media coverage on bank charges I now believe that you HSBC, have been charging me charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2(e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.
I believe that your charges are disproportionately high, and therefore they are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. In addition, I believe that your charges are a penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co. Ltd. v. New Garage and Motor Co. Ltd. (1915) AC 79, along with Murray v. Leisure Play (2005) EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.
Furthermore if you fail to comply with this letter, I request without further notice a breakdown and proof of all costs involved, in regards to your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves, and that these charges reflect your true costs in relation to the said charges, and are proportionate to the charges levied on my account as defined in Unfair Terms in Consumer Contracts Regulations 1999 Schedule 2(e).
Therefore I require you to refund me a total of £180.00, representing the total, unlawful amount charged during the last 6 years.
I hereby give you 14 days to refund the charges back to me via cheque, made payable to Mr. Gordon Wilcock. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further notice warning. This action will inevitably involve you in additional costs.
I also hereby request a detailed report of which clause in your terms and conditions each charge has been applied against. Sincerely,
The RBS will look into the types o charges incurred and reasons for them. They may then pay out.
New regulation was recently passed saying the banks have been charging unlawful amounts on some things such as late payments and unauthorised overdrafts. Not all charges can be claimed back.
If your partner has incurred significant charges then it is worth while getting in touch with the bank and trying to claim these back.
The bank should be able to establish quite quickly if the charges fall into the categories that were covered by the new regulations. If they are the bank will probably pay out. The reason for this is that each individual is likely to be only claiming small amounts and the bank risk much larger fines by the regulatory body if they don't pay out.