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I am now commencing legal action against RBS due to unfair relationship, breach of BCOB rules and OFT guidelines.
To recap
- I have an overdraft
, loan account and CC with RBS and during November and December 2012 I experienced some shortfalls in payments for a number of these accounts due to financial circumstances. During the months I went into unarranged overdrafts and missed a couple of payments for my loan, however in January 2013 I paid everything off (including unarranged OD charges) so that it was completely up to date. - During Novmeber and December 2012 I received two letters asking me to ring RBS or to pay the shoftfalls I owed to them, on both occasions I paid the shortfall.
- In January 2013 I was up to date and fully prepared to meet my payments in February, however I received a letter on the 28th Jan saying that I owed them money and that as a result they had cancelled my card and chequebook and that I may receive a default on my account and that "Power2Contact" would be in touch No reference to which account they were referring.
- Obviously I was confused why they sent that letter as there were no outstanding payments and so I sent a letter back to the address the letter came from asking them to explain. In response I received a templated letter which simply had the breakdown of my accounts showing that everything was in order. Further confused I sent a complaint. I stopped making payments on my accounts as I was unsure which accounts they were referring to and was worried that if I put money in my account it would be taken to pay a hidden charge. I explained this to them in the letter.
- It took them 10 weeks to respond, only to say that they were entitled to cancel the card and chequebook and that they were referring to the overall agreements and not shortfalls. During that time further charges were added.
- I referred the complaint to the fos and RBS agreed that all collection activity would be stopped, they placed an "under query" status on my loan and credit account in march 2013 as a result however the CC stayed the same.
- I was sent a DN for the CC swiftly followed by a termination notice, the DN was defective however. I reminded them that they promised to hold all collection activity to which they responded agreeing they would and subsequently reinstated the account. However this was short-lived as a month later i received another TN. I complained again this time to the Executive HO to which they said the CC team were wrong to do so.
- The account however however appears to be active again and there are 6 late payment markers on the credit file and it is not under query like the others. I have a complaint in with the ICO regarding this.
- Today I finally received a Final Decision from the ombudsman and they are not upholding the complaint, however no clear reasons were given.
I am now intending to send them a letter before action
, however I would love to get any advice about how to proceed with this claim and what the best approach is, should i sue under BCOBS, section 140 of the CC or other?Thanks in advance
