Rbos Final Response - Not Full Amount

[alisonmcmorrin]

Has anyone had a response from RBOS credit card (letter issued from Cards Customer Services) offering a settlement which is not the full amount???

I am claiming £420 from them in charges and they have offered £152.69 'the difference between our original charge and the current £12 late payment charge'.

I sent the accept as part payment, but will pursue the rest letter, and they have sent a reply stating the same, they are still only offering £152.69 as final response.

Not sure what to do. Has anyone else had this from RBOS?

Normally would pursue claim but not sure.

Help! :o

Alison

[alisonmcmorrin]

Have decided to reject and continue with court claim, whadya think?

[rory32]

Continue with your claim. RBS must have started to read Capital One's letter. Cap One have been sending the "we will give you the difference between the original charge and a £12 charge" for some time.

If a charge is a penalty charge you are due the full amount back.

[alisonmcmorrin]

Cheers will keep you posted.

[alisonmcmorrin]

Decline letter away giving them till Friday 15th, as lba was 9th June but offer recvd after, or away to court!
It is only for £420, am sure they can afford it!!!!!

[djmac840]

Hi Ally

received offers pretty much the same way as yourself phoned them up to see if a proper settlement could be reached before court action but they said whatever was in the letter stands asked them to reconsider putting them on the spot (I hate paperwork) to no avail so I am just filling in the claims summons just need to get it right

[alisonmcmorrin]

Let me know how you get on, they have till Friday with me, then off to court!
Alison

[alisonmcmorrin]

Hi
Still nothing back from them except the same letter offering the same amount of £152.
Have been on holiday so have not done anymore.

They state the £152 is the difference between the £12 and £20/£25 charges that have been applied.
Not sure if they are allowed to do this.
Should I accept the £152?
Any help appreciated.

[Yanni]

Hi Ali

I'm battling with another credit card co and am aboot to send the following letter - I note you are also in Edinburgh so it suits you with the threat to go to court!! - you are free to cobble it if you want to suit your circumstances - whether this will do any good I don't know but it gets to the nub of the problem - if the Irish banks default fees are so low, and let's face it we would mind paying these levels, then why aren't UK bank's the same, of course too much profit, that's why - Good Luck

Dear XXXXX

Your Ref : XXXXXXXXXXX

Re. Account No.: XXXX XXXX XXXX XXXX

Thank you for your letter dated X XXXX 2007.

I respectfully decline your offer as a final settlement and request and once again request that you return to me all charges imposed on this account totalling £XXX.00.

You state that by signing the credit card agreement in February 2004, I agreed to the terms and conditions including the fees. This I do not dispute. What I do now contest is the level of these fees as they do not correctly reflect the true cost of their application, and are therefore penalty charges deemed by both statute and common law to be unlawful.

In your letter you state that the Office of Fair Trading has not challenged the right of banks to charge default fees, but merely the level of the fees. It is this level of fees that I dispute.

I enclose for your benefit, a print of credit card, default fees in Euros, highlighted in green, as applied by AIB (Allied Irish Banks plc) with the sterling amount in red. You will note that the highest fee in sterling is not even £.3.00. I believe these fees are applicable to all banks in the ROI.

If these Irish fees reflect the true cost of applying default fees, which I am sure they must do, then this makes the £12.00 fee which you state to be fair, to be excessive and thus a source of extra profit and therefore unlawful as described above.

I defy you to prove otherwise.

I will accept the sum of offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder of £XX.00 by raising a Small Claims Action at the Sheriff Court in Edinburgh if necessary and asking the Court to grant me contractual interest of 34.94% APR to be applied to the sum of £XXX.00.

I give you 14 days from XX XXXX 2007 to reply positively to this letter by increasing the refund to £XXX.00 otherwise I will apply to the Sheriff Court as outlined above.

I trust this clarifies my position.




Yours sincerely


AIB - Fees and Charges


Allied Irish Banks plc Credit Card Fees
3. Late Payment Charge
Should payments not be made in accordance with the Conditions of Use an administration charge of EUR3.81 will be debited from the cards account. £2.55
4. Over Limit Charge
Should the account be operated in excess of the Credit Limit, an administration charge of EUR2.54 may be debited from the cards account. £1.70
5. Returned Payment Charge
Should any payment either by cheque or direct debit be returned unpaid an administration charge of EUR4.44 will be debited to the card account. £2.99

[alisonmcmorrin]

Thanks
Well said, letter is on it's way.
I think they are cutting back due to someone losing in court, but that is only 1 person. Surely they don't want to risk losing for under £500!!!
Will give them one more chance, then off to court.
Thanks for your help and will keep you posted.
Alison