Flame17 V's RBS***WON POST OFT***

[Flame17]

Hi

 

I have just sucessfully got my money back from the HSBC and now I'm after RBS on my hubby's behalf.

 

It's an old account and has been closed for a few years but they screwed him rotten with charges and so we have decided to go for them and see what we can get back, some maybe over 6 yrs so it will be a challenge and no doubt I will be here often seeking your help and advice.

Good luck to all!

 

SAR sent yesterday, let battle commence

 

D & P

[maroondevo52]

Well done on your first claim, always cheers me up.

 

Best wishes on your hubby's.

 

 

Regards.

 

Scott.

[Flame17]

Hi

 

I have hit a problem, in a seperate post I said that we no longer had the account number of the account as It was closed a few years back. We were advised to send the SAR just filling in what we knew, branch, address, dob etc and proof of id, which we did.

 

today we got aletter saying they can't trace old accounts unless they have the sort code and account number.

 

HELP

 

What can we do to get round this?

 

D & P

[bluelife09]

On a few of the other posts I have read they have suggested ringing the branch were the account was held, and just asking for your old account details. Don't tell them what it is for, but they may still have some details. At least they could give you the Sort Code.

[Flame17]

Hi

 

Right the RBS are taking the p***.

We managed to find the sort code and account number and resubmitted the SAR.

Today I recieve the same letter as before with the same box ticked, saying that they need the sort code and Account number. Branch name (surely the sort code identifies that) and the dates of the account opening and closing.

 

Shall I just send them a letter saying the SAR clock is still running they have ample info to trace the account and if they don't comply I will report them?

 

I am getting REALLY annoyed with them.

 

Debs

[isidore]

Debs,

 

I'm having the same issues with Netwest. It is just their way of delaying. I can only presume they are holding out for the OFT ruling which won't make a blind bit of difference anyway.

 

I sent natwest a real stinky letter you can read from the link in my signature. Basically, your deadline stands from the first letter, the clock is ticking. Be real thorough - highlight in bright colours the account number and sortcode, say something along the lines of what I put in my letter and threaten them with a complaint to the ICO.

[Flame17]

Thanks for that I have copied and modified yours to my needs!

 

It sounds really good, thanks

Debs

[Flame17]

Well I still have not got ANY info from RBS and their 40 days is up

Done the Failure to comply letter to goto tomorrow but I don't expect a response!

Debs

[Flame17]

Hi

 

Can anyone help with what I need to do now.

I sent out the failure to comply letter, giving them 7 days and this morning recieved partial info, going back to 2001. However I asked for the complete banking history, going back to account opening.

Any help appreciated

Debs

[isidore]

Even though this is what you have requested, RBS might not be able to supply you with it. A DPA request is for all information THEY HOLD which could possibly be slightly different to what you are expecting (a complete banking history).

 

What they do seem to be doing though is only providing 6 years worth of statements. I don't know whether this is exactly how far back they hold data or whether they are just sending this as they are suggesting that this is all you are entitled to. The reason for implying this is that there is a limitations act which states you cannot claim back further than 6 years HOWEVER the DPA act states they must disclose EVERYTHING they hold on you regardless of age. Basically they are trying it on with the uninitiated.

 

If the statements from 2001 onwards are complete what you need to do is write back and say that you have any number of statements missing from (date you opened the account) to 2001 and that the limitations act is not relevant for a DPA request and that they need to supply you with all the information they hold on your regardless of age. Follow on to say that if they no longer hold this information (ie from 2001 backwards) then you require written confirmation that this information has been destroyed (and how).

 

HTH

[Flame17]

Thanks, that is a great help.

Do you know where I will find info on claiming back charges older than 6 yrs?

Is it even possible?

Ta

Debs

[isidore]

Two threads worth looking at (RBS ones) are livelylad and mcuth.

 

They are both going back beyond the 6 years. Also, so is HydraUK. All against RBS.

[Flame17]

My god these people are unbelievable!!!!

 

Sent out failure to comply template letter saying that I wanted ALL my data, no just the last 6 yrs and time has run out on the 7 days today, the 40 days ran out at the end of march.

 

Today I have that standard tick box letter saying I need to pay them £5 for the data I paid the standard £10 when I sent out the linitial SAR letter.

 

Shall I just begin court action for failing to comply as they are just wasting my time!

 

Debs

[isidore]

Yes

[isidore]

Did they cash the £10 too??

[Flame17]

No they don't appear to have cashed it, but they haven't returned it either!

 

So can I start this off on MCOL or does this all have to be done by hand, what's a reasonable cost???

 

I hate court action, it always unnerves but I'm just too mad!

 

Debs

[isidore]

They may argue they haven't received their money but you have sent them the £10 and the fact they haven't cashed it is not your problem. If they try to argue this at any point, bear in mind they had 40+ days to tell you to supply them with £5.....

 

As for which way to do it, I don't know as I've not done it myself. I'm sure I read ages and ages ago someone saying you can't do it through MCOL because you aren't claiming any money, can't remember if I've got that right, might have fudged in my memory over the last few months - so much reading on this site!!

 

Head over to the Library section where I'm sure there is stuff about Non-compliance cases.

[Flame17]

Thanks

 

Also if they hadn't got the cheque why did they give me statements from 2001 onwards??

 

Thanks for the advice I'll head off over there

Debs

[isidore]

Yeah that too

[Flame17]

Does this sound ok?

 

1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

2. The Claimant had a bank account XXXXXXXX("the Account") with the

Defendant which was open for a number of years and was closed on or around June 2003

3. The Claimant wrote to the Defendant and made a Subject Access Request under Section 7 of the Data protection Act 1988 on the 15/02/07 requesting a complete list of transactions and charges relating to my banking history with the Defendant. The maximum statutory fee of £10.00 was enclosed in the form of a cheque.

4. The Defendant supplied partial account data for the period 02/01/01- 19/06/03. However, the initial statement is numbered page 108, indicating previous statements.

5. Despite supplementary written requests to the Defendant requesting confirmation of the transactions and charges on the whole of the Account history, the defendant has failed to supply the data it holds on the Claimant.

The Claimant contends that :

a. The Defendant holds data relevant to the Claimant which it has failed to provide under Section 7 of the Data protection Act 1988.

Accordingly the Claimant requests that:

i. The court orders that all data held by the Defendant on a relevant filing system is supplied to the Claimant forthwith; or

ii. Provide a statement setting out the following information:

a) If they hold data but I am not entitled to it and if so by what reason, or

b) If they do not hold data and it has been destroyed, when and why it was

destroyed.

iii. The claimant is awarded his costs for bringing this matter before the courts, including extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents, I estimate this cost to be £10

 

Have I missed anything?

Can I just post this with the fees to the court?

 

Thanks

Debs

[Flame17]

Hi

Just had an offer from RBS settling the claim for the last 6 yrs in full.

I want to take them for prior to 6 yrs as well but I assumme I will have to wait until the test case is done.

To accept the offer do I just scribble out the bit that says I won't claim from them again and accept the offer on my terms.

Thanks

[vonnie32]

That's surprising cause I have had 2 letters from them making offers on 2 seperate accounts and subsequently they have sent a further 2 letters, keeping the "goodwill" offer on the table for one and refusing to keep to their offer on the other.

 

On each occassion they have supplied paperwork for me to sign and return to them.

 

One suggestion though would not to make any statements about not claiming from them again in the future.

 

Good luck and hope they keep to their offer

[hedgey06]

Just had an offer from RBS settling the claim for the last 6 yrs in full. I want to take them for prior to 6 yrs as well but I assumme I will have to wait until the test case is done. To accept the offer do I just scribble out the bit that says I won't claim from them again and accept the offer on my terms. Thanks

 

You could actually make a start on the 2nd claim now - e.g., prelim, LBA and then file N1 at court. It will more than likely be stayed - but it will be accruing some interest at the same time!

 

With regards to their offer - just cross their terms out and accept the money only. And................

 

CONGRATULATIONS!!!!

[livelylad]

Congratulations.