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

[spaspeckerthedull]

ok guys - 40 days up today, all I've had so far is a reply asking to verify my signature (replied to 2 weeks ago AND last week so they can't claim to have not had it)

 

Also, the CCA is up on friday (1st august) also no reply as yet

 

to make sure they received my replies last week I visited my branch with copies of the letters I sent by registered post on the 14th and asked them to be sent via their internal mail, while there I got a member of their staff to sign, initial and date a record of delivery of these letters for my keeping/evidence, but they never asked me for a copy of this though?

 

what now?

[paulwlton]

ok guys - 40 days up today, all I've had so far is a reply asking to verify my signature (replied to 2 weeks ago AND last week so they can't claim to have not had it)

 

Also, the CCA is up on friday (1st august) also no reply as yet

 

to make sure they received my replies last week I visited my branch with copies of the letters I sent by registered post on the 14th and asked them to be sent via their internal mail, while there I got a member of their staff to sign, initial and date a record of delivery of these letters for my keeping/evidence, but they never asked me for a copy of this though?

 

what now?

 

You need to send the SAR non compliance follow up letter.

[spaspeckerthedull]

OK -

 

received letter today from robinson way, posted 2nd class, dated 25/07/08 with a single sheet photocopy of my credit card application. As it is ONLY an application, is it a valid CCA? It is genuine and does bear my signature and correct personal details of the time, but it's only a single sheet photocopy and has no terms and conditions attached. Also, their 12 days to produce this ran out on july 4th, that's 26 days ago and I've already sent them a bog off letter.

 

What happens now?

Edited July 30, 2008 by spaspeckerthedull
typo

[spaspeckerthedull]

OK guys - update

 

their S.A.R - (Subject Access Request) 40 days was up on monday 28th. Went to post office this morning and sent non compliance/LBA by registered post. Got home and have had a letter from them re my SAR dated monday 28th! Only thing is, it's not a full account of what I requested - here's the letter I got in full:

 

Dear Mr ****

 

DATA PROTECTION ACT 1998 - SUBJECT ACCESS RESPONSE

 

We enclose details of your personal data held by The Royal Bank of Scotland plc and registered under the data protection act 1998. These details are provided in response to your recent request made under the terms of the above act and were located using the information contained within your request.

 

Any codes used by the bank have been replaced by a description of the meaning, but should you require further explanation of the descriptions provided please do not hesitate to ask.

 

The data enclosed is only the data held within this department. However you should shortly receive under seperate cover information held by other departments within the bank.

 

Naturally, if you consider that any of the information provided is innacurate, please advise us in order that we take appropriate action

 

Yours sincerely

 

squiggle

 

As mentioned, their 40 days was up monday 28th, and this information I got today is only a diary event history from CMS telford dating back to 16/01/2001 AND NOTHING ELSE, no mention of my old account, no loan paperwork, credit cards - nothing. Account was opened approx 1994.

 

What now?

[spaspeckerthedull]

forgot to mention, the covering letter has a hand written note on it saying, "please find enclosed a copy of your signed agreement" but like in my previous post they've sent me a copy of my application, NOT my agreement. I know I'm splitting hairs but from what I've gathered on other parts of the forum/site syntax and the correct terminology is extremely important when dealing with these people

[xxorlsxx]

Hi, If they have only sent you a copy of the app form it's not good enough for a court to make you pay, as after all just because you applied for the card does'nt mean you actually had the card, untill you get the cca dont pay 'em a penny, you could if you like reply to them with a letter telling them that you are going to complain to the relevant bodies as their time limit is up for the cca and they've tried to fob you off with the app form.

If they are still demanding money while the account is in dispute, report 'em to TS, FSA OFT.

[spaspeckerthedull]

thanks for the response, I'll try and post up a scan of the information they've sent me, albeit incomplete. I take it I would have to put the scan up on my photobucket and then link to it?

[spaspeckerthedull]

bump

 

anyone?

[spaspeckerthedull]

scans here:

 

 

 

[pt2537]

nice, can i have an agreement like that please:D

 

oh im sorry, i forgot to mention that i cant see any prescribed terms in there so its unenforceable as the agreement stands

[spaspeckerthedull]

phew

 

if this is the best that they can do, have I been paying them all these years for nothing?

[pt2537]

May be an idea writing back to them and asking them to clarify if that is it? as the last thing you need is them to pull out of the bag at a later stage a document which has the prescribed terms within it which is linked to the agreement

[spaspeckerthedull]

also, my usual monthly payment (that I haven't paid as the account is now in dispute) has not been flagged as unpaid yet - occasionally in the past when I've been a day or so late I've received the old "this is not a court document" letter but so far nothing?

 

it's a bit too quiet ..................

[spaspeckerthedull]

May be an idea writing back to them and asking them to clarify if that is it? as the last thing you need is them to pull out of the bag at a later stage a document which has the prescribed terms within it which is linked to the agreement

 

 

even if they failed to respond to a legal request within the allowed time? does that mean that this might never go away and one day soon or whenever they might feel like it the whole thing could fire up again?

[spaspeckerthedull]

bump

[spaspeckerthedull]

OK guys -

 

sent them a LBA last week as according to my calculations their 40 days was up on monday 28th, today received a reply claiming that they didn't receive verification of my identity until july 15th and that is the date they consider to be the start of my SAR, and that they have until august 24th to comply. This is after I sent reminder letters to them on 20/07/08.

 

The LBA was sent 30/07/08, and received by them 01/08/08, giving them 7 days to comply before applying for a court order to make them release my info.

 

As far as I am concerned they have until august 8th to comply, this is the date the LBA states.

 

Can someone please clarify?

[paulwlton]

OK guys -

 

sent them a LBA last week as according to my calculations their 40 days was up on monday 28th, today received a reply claiming that they didn't receive verification of my identity until july 15th and that is the date they consider to be the start of my S.A.R - (Subject Access Request), and that they have until august 24th to comply. This is after I sent reminder letters to them on 20/07/08.

 

The LBA was sent 30/07/08, and received by them 01/08/08, giving them 7 days to comply before applying for a court order to make them release my info.

 

As far as I am concerned they have until august 8th to comply, this is the date the LBA states.

 

Can someone please clarify?

 

I think it unwise to seek the court order, unless that is, RBS breach their own deadline in complying.

[spaspeckerthedull]

so they can set their own deadline? I thought the 40 day countdown started when they receive the SAR? it's more than likely I'm wrong though so would appreciate clarification!!

[paulwlton]

so they can set their own deadline? I thought the 40 day countdown started when they receive the S.A.R - (Subject Access Request)? it's more than likely I'm wrong though so would appreciate clarification!!

 

Their own deadline being taken from the date that they received clarification of your identity. I don't think a court would view their request has unreasonable in view of the recent spate of personal data thefts and losses.

Edited August 4, 2008 by paulwlton

[spaspeckerthedull]

thanks for the response, the clarification they requested was a copy of my signature, I didn't send it, just the letter telling them they didn't need it

[paulwlton]

thanks for the response, the clarification they requested was a copy of my signature, I didn't send it, just the letter telling them they didn't need it

 

Well in that case they have contravened the sixth principle and you are within your rights to complain to the ICO.

[spaspeckerthedull]

is this where it starts to get interesting? how will the office deal with my complaint?

[paulwlton]

is this where it starts to get interesting? how will the office deal with my complaint?

 

It'll start to get interesting when you get all the data they hold on you back.

 

Just been reading on another forum another customer took out a fixed rate personal loan in 2005. RBS have just written to advise his monthly payment has just increased by £50 per month, when queried, RBS have confirmed his loan was a capital and interest loan that tracked the bank of England's base rate at plus 3% (not a fixed rate loan). After advice the customer has sent off a CCA request, surprise surprise RBS cannot locate the agreement.

 

This is all happening at CMS Telford.

[foolishgirl]

is this where it starts to get interesting? how will the office deal with my complaint?

 

Slowly I think! ;-)

 

Still waiting for even an acknowledgement of my complaint to ICO re. no SARs that was made over a month ago. I understand they're snowed under at the moment.

[paulwlton]

Slowly I think! ;-)

 

Still waiting for even an acknowledgement of my complaint to Information Commissioners Office re. no SARs that was made over a month ago. I understand they're snowed under at the moment.

 

Both FOS and ICO are snowed under, it just shows that the consumer is fed up with being fobbed off with inadequate final responses etc.