RBS, defaults, DCA's and SAR - answers please?

[BRIGADIER2JCS]

Contact the Data Controller at the bank in wriiting and make a formal complaint, same for your Sanatder thread.

[spaspeckerthedull]

Contact the Data Controller at the bank in wriiting and make a formal complaint, same for your Sanatder thread.

 

ooh you're observant!!

 

what will a formal complaint achieve, and is there a template? I'm a big fan of templates

[BRIGADIER2JCS]

No teplate as all cases are different, lay out your requirements for the SAR clearly and logically and contrast those requirements with what you have received and state what you require them to do to remedy the defects in their response to the SAR.

[spaspeckerthedull]

thanks again - trying to read about 3 threads at once here so here goes - found this on another thread and was wondering if it's worth a shot?

 

"I thought it prudent to bring to your attention the following matter;

 

Having requested the above pursuant to the Data Protection Act, I am sorry to note that the bank has as yet declined to comply and failed in it's statutory duty.

 

Whilst I appreciate the bank is recovering from its recent difficulties it does not negate the need for it to comply.

 

I have attached a further copy of the request below along with proof of delivery, it would seem sensible for the bank to respond at the earliest opportunity to confirm that it is now effecting it's response in compliance to the Act.

 

Further to the above failure; I trust that it will now return the previously encashed fee along with it's offer to compensate in consideration of my reasonable expenses in reminding it of it's duty.

 

Whilst I trust that litigation will not prove necessary, the bank should regard this letter and it's content as fulfilment of my obligation to s.III & IV of the pre action protocols.

 

In order to curtail any further exposure to costs or resource this will be the final reminder in this matter, I trust I can now rely upon the banks due diligence and look forward to receipting its fullest response in compliance with the act"

 

opinions please?

[MARTIN3030]

Where is that from ?

It is a bit long winded.

All you need to be saying is that they are in breach of the DPA having failed to comply by the 40 days allowed.

That should they not comply in full within 7 days of their receipt of your letter,you will be making a complaint to the ICO and may consider filing for an order in the County Court with costs.

[spaspeckerthedull]

been trying to get rbs to comply with my SAR for a long time now, and finally I thought I was getting somewhere until I got their latest response.

 

I have received 2 separate letters.

 

In the first they acknowledge my request (FINALLY!!) and that I have been assigned a case handler. So far so good.

 

Then they go on to say that they have tried to call me to discuss my case.

They can't as they have no number of mine?

They then request me to call them, as they wish to clarify exactly what information I am looking for, to help them "focus their search" as they may not be able to respond to my request in full.

 

the second letter says pretty much the same, "we acknowledge etc." and "help them focus their search" but they go on to say that some of the information I won't be entitled to as it deals with companies and internal bank processes.

 

They then go on to say that as I have requested paper copies of statements, this may result in a large amount of paper.

Well that's fairly obvious to me, but they go on to ask me to call them to advise them the dates between which I would like the statements?

 

Is this a delay tactic or a genuine request as I thought I had worded my SAR pretty comprehensively, in that I asked for copies of all correspondence between me and the bank, including copy statements.

 

The reason for the blanket request (from me) was because I don't know the dates from when I opened the accounts to their termination, I can only guesstimate

 

They then go on to say that as they do not have sufficient detail to help them identify and locate the information I have asked for the 40 day time scale has not yet come into effect, and they cannot continue until I have called them and clarified?

 

delay tactic or genuine request? I have always followed guidance from here in that you talk to no-one, EVER, on the telephone?

 

do I respond in writing saying "finger out, the clock is ticking"?

[fkofilee]

Genuine Request. I had this happen to me.

They take SAR requests seriously at RBS Group. It would have been assigned to a case handler and they would be looking after you until the SAR has been received.

 

They may have an old number on the system.

You can talk to people on the telephone. Its just collection agents etc that cause the problem

 

Go for it, give them a ring.

[SabreSheep]

Alternatively you could do a written reply stating you would like ALL info they hold on you. And that the 40 days started ticking the moment your letter arrived (Hope you have proof of postage)

 

Tell them that if they have not complied (By the end of the 40 days or in 7 days if it already expired) that you will be forwarding a complaint to the ICO office.

[spaspeckerthedull]

Genuine Request. I had this happen to me.

They take SAR requests seriously at RBS Group. It would have been assigned to a case handler and they would be looking after you until the SAR has been received.

 

They may have an old number on the system.

You can talk to people on the telephone. Its just collection agents etc that cause the problem

 

Go for it, give them a ring.

 

it already has been assigned to a case handler

they don't have and never have had any of my phone numbers - thanks for the advice re. calling them

 

Alternatively you could do a written reply stating you would like ALL info they hold on you. And that the 40 days started ticking the moment your letter arrived (Hope you have proof of postage)

 

Tell them that if they have not complied (By the end of the 40 days or in 7 days if it already expired) that you will be forwarding a complaint to the ICO office.

 

my original request stated I wanted ALL info, all correspondence to them from me is always sent first class signed for - I like a paper trail. I suppose a gentle reminder by post would not be amiss, and I am aware of the 40 days, LBA etc.

 

thanks for the replies

[fkofilee]

On this basis ring them and just say you want EVERYTHING... Trust me a 5 minute phone call for something like this will make all the difference

 

I don't like RBS that much but their SAR team sorted me out really quickly.

[spaspeckerthedull]

On this basis ring them and just say you want EVERYTHING... Trust me a 5 minute phone call for something like this will make all the difference

 

I don't like RBS that much but their SAR team sorted me out really quickly.

 

UPDATE:

 

got a package delivered by TNT this week, containing their response. As expected it's incomplete, and I didn't like the tone of their covering letter

 

to clarify, they have not provided all the info I specifically asked for. Neither have they provided all copy statements regarding my credit cards or bank accounts. Some of the bank account statements appear to have been doctored in that regular DD debits do not show on some of the copy statements. They also claim that they are not obliged to provide me with copies of information pertaining to accounts that have been closed for 6 years or more, and that they no longer have that information anyway as it would have been destroyed - but the current account statements they did provide go back to 1995 when the account was opened? They also sent a copy of a loan application back in december 1999 - yet this account has been closed for over 6 years so there's a contradiction right there?

 

they also have only provided copy statements of credit cards going back to 2001, some of which were opened in 1995 - 1996 and again these accounts have been closed for longer than 6 years so yet another contradiction?

 

 

it seems to me that they have systematically failed, intentionally, to provide me with any evidence that would allow me to attempt to lodge PPI claims

 

really incredibly annoyed with this - opinions as to next course of action please?