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28th March 2008, 19:41
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#21 (permalink)
| | Platinum Account Customer | re: ***RBS PPI Claim Long fight but, WON*** Quote:
Originally Posted by banker_rhymes_with Hello Alanalana!
I rather like this bit...
Excellent, must make sure my Subject Access Request (S.A.R.) has at least 200-300 bankers working for the full 40 Days to find every last scrap of Information.
That has just got to be worth £10 to almost anyone!
Maybe if we all send them highly detailed and very demanding S.A.R. requests, we can bring some banks to their knees mired in thousands of man-hours doing S.A.R. bumf collection duties.
I shall have an Ale tonight and then plot to see how many people I can find who have £10 to spare and a sense of humour.
Have a good one.
Cheers,
BRW | Come on you rebels  Keep your chins up, we may not win every battle, but we will win the war. Just keep at them and attack from every angle. Explore all avenues to catch them out. Have they sent you your credit agreements
AA you just keep doing your homework and keep on posting, they are very helpful to others and get the mind ticking.
We all need to get our heads together regarding ppi claims, especialy the poc when we take them to court. there does seem to be a silence regarding this matter.
Maybe pm the mods for help, I do frequently and sadly no response as yet 
__________________ If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW |
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28th March 2008, 20:19
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#22 (permalink)
| | Site Team | re: ***RBS PPI Claim Long fight but, WON*** Thanks to BRW and Hell,
The support and the humour is appreciated.
No details on CCA yet but the Information Commissioners Office are hopefully about to change all that
You could even ask them to resend the information if there was an error in the spelling.  stating you have paid good money for accurate information.
I am trying to keep adding to the links to help all victims (soon to be survivors) of mis-sold PPI the latest is the Competition Commissioners current inquiry into PPI. it could take a while but that makes PPI the subject of interest by the OFT, the FSA, Information Commissioners Office, CC, The Courts and uncle tom cobbly and all.
It's almost tempting to send a second Subject Access Request with £10 with an alias and false address to make them panic a bit more about lost information!!!
Just imagining the faces makes me smile
stay well
aa
Last edited by alanalana; 29th March 2008 at 02:24.
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1st April 2008, 21:05
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#23 (permalink)
| | Site Team | re: ***RBS PPI Claim Long fight but, WON*** Hello all,
a new twist to my saga on Subject Access Request.
While browsing I found a little interesting snippet. I will list the story from initial Subject Access Request. I understand that you currently hold details of my personal and financial information Within your internal record systems with regard to personal loan accounts in respect of my agreements with you dealing as the Royal Banks of Scotland and Direct Line Loans which is another trading name used by the RBS. Please supply me with a complete list of transactions and charges relating to my history with your organization, INCLUDING Loans, payment protection insurance and other products. This history should include details of the following: Direct Line personal loan between August 2002 and March 2003 Direct Line personal loan between May 2003 and March 2004 RBS personal loan ref xxx between April 2004 and May 2005 RBS personal loan between June 2005 and August 2006 RBS personal loan ref xxx between September 2006 and the date of this letter. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization: -full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same. etc etc etc Their response the important bit: "Finally with regard to the Direct Line personal loans that you previously held please contact Direct Line directly to obtain the information that you require. Then I find out from the Direct Line website the following: Legal: Transfer of Business TRANSFER OF THE BANKING BUSINESS OF DIRECT LINE FINANCIAL SERVICES LIMITED TO THE ROYAL BANK OF SCOTLAND PLC. etc. etc. Then from the Financial Services Authority Register Basic details for: 204458 - Direct Line Financial Service Limited Current status: No longer Authorised Effective Date: 04/07/2006 My response to this: DATA PROTECTION ACT 1998 Your letter Ref: SARxxxx dated 25 March 2008. Following your letter and my response Ref xx I will now refer you back to my original Subject Access Request (S.A.R) dated 7 January to your St Andrews Square address in Edinburgh (Copy attached). The response to that letter from Mrs S Smith Your Ref: xxx dated 22 January 2008 (Copy attached). I am extremely angry that your Data Protection Teams response in the case of two previous Loans taken out with Direct Line Financial Services (DLFS) as listed in my S.A.R was to refer me back to Direct Line to obtain “the information that you require”. I would point out that DLFS with whom the two loans were agreed were actually the subject of a Legal Transfer of Business on 1 March 2006 and that the business of DLFS (including all DLFS personal loans, mortgages and savings accounts (“Accounts)) has been transferred to its parent company RBS. (Copy of this notice of transfer is attached). I also attach a copy from the Financial Services Authority (FSA) Register which shows the status of DLFS as “No Longer Authorised”. Two further extracts from the Direct Line website are attached which show “Loans are provided by the Royal Bank of Scotland plc Trading as Direct Line“. The website is also listed and I quote “All copyright, trademarks and other intellectual property rights in the material contained on this web site belong, or are licensed to, RBS Insurances Services Limited” As RBS have taken over all responsibilities of DLFS including Loans I will now expect a revised response in respect of my S.A.R. in so far as I now demand that you provide the information including the statements and Consumer Credit Agreements for the two Direct Line personal loans as listed in that S.A.R. If you fail to supply the information I require within 14 days I will forward a copy of this letter to the Information Commissioners Office (Information Commissioners Office) with whom I have already lodged a complaint.
Question:
Should I send it
aa |
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1st April 2008, 21:19
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#24 (permalink)
| | Platinum Account Customer | re: ***RBS PPI Claim Long fight but, WON*** Hello aa! Quote:
Should I send it | Be a shame not to!
Cheers,
BRW |
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2nd April 2008, 00:22
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#25 (permalink)
| | Basic Account Customer
Your bank owes you an awful lot more money than you realise See here Cagger since
: Mar 2007
Posts: 45
| re: ***RBS PPI Claim Long fight but, WON*** Had a brief brouse though this thread, seems like you are having trouble with SARs.
Have you tried: Reference: SECTION 78 of the Consumer Credit Act 1974
Some things SARs do not cover and SECTION 78 of the Consumer Credit Act 1974 dose and vice-versa |
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2nd April 2008, 08:40
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#26 (permalink)
| | Platinum Account Customer | re: ***RBS PPI Claim Long fight but, WON*** Quote:
Originally Posted by norwich1 Had a brief brouse though this thread, seems like you are having trouble with SARs.
Have you tried: Reference: SECTION 78 of the Consumer Credit Act 1974 Some things SARs do not cover and SECTION 78 of the Consumer Credit Act 1974 dose and vice-versa | Hello AA,
I think that you should absolutely send that letter to them, pratts  , they think they can bluff and we are too stupid to realise, but they are so wrong. |
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2nd April 2008, 08:49
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#27 (permalink)
| | Platinum Account Customer | re: ***RBS PPI Claim Long fight but, WON*** Quote:
Originally Posted by norwich1 Had a brief brouse though this thread, seems like you are having trouble with SARs.
Have you tried: Reference: SECTION 78 of the Consumer Credit Act 1974 Some things SARs do not cover and SECTION 78 of the Consumer Credit Act 1974 dose and vice-versa | A Subject Access Request comes under the Data Protection Act and entitled the customer to obtain data any company holds on them. They can be selective in what they give you, and many would be none the wiser as to whether they have been given it all.
Section 77 of the CCA is a legal request for a true copy of your credit agreement, this also must include the terms and conditions, and a statement of the account.
78.
Duty to give information to debtor under running-account credit agreement.— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [ F46 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
(a)
the state of the account, and
(b)
the amount, if any currently payable under the agreement by the debtor to the creditor, and
(c)
the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.
(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.
(3) Subsection (1) does not apply to—
(a)
an agreement under which no sum is, or will or may become, payable by the debtor, or
(b)
a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.
(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—
(a)
showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and
(b)
where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.
(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.
(6) If the creditor under an agreement fails to comply with subsection (1)—
(a)
he is not entitled, while the default continues, to enforce the agreement; and
(b)
if the default continues for one month he commits an offence.
(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement. |
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2nd April 2008, 21:18
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#28 (permalink)
| | Site Team
Your bank owes you an awful lot more money than you realise See here Cagger since
: Nov 2006 I am in: Cumbria
Posts: 2,966
| re: ***RBS PPI Claim Long fight but, WON*** Hello hell, norwich, BRW and all,
thank you for the information you have posted.
I have a concern with section 78 in that it mentions running accounts and of the five accounts listed in my Subject Access Request (previous post) only the last loan account is still running all the previous loans were, loan followed by refinance followed by loan etc etc. Does this rule out Section 78 of the Consumer Credit Act 1974?
If not then I assume I prepare a letter from the templates (already seen them) and submit requests for the Consumer Credit Agreements, Terms and Conditions and Statements on the accounts citing sections 77 and 78 of the 1974 Act. I presume it will cost a £1.00 fee per account request and if para 1 on running accounts is not applicable I would ask for all five to come. I already hold three original paperworks (Yes they are all single premiums) ( and yes the cost of the insurance on the PPI is included in the Total Cost for Credit TCC) just to ensure accurate match.
The letter in my earlier post re Legal transfer of DLFS has been duly posted registered,  Lets see what they say about Legally taking on the DLFS Loan account. The two loans I had with Direct Line fall withing the 6 year statute, I hope.
Regards
aa |
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2nd April 2008, 21:19
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#29 (permalink)
| | Site Team | re: ***RBS PPI Claim Long fight but, WON*** Duplicate of above post due to broadband problem.
aa
Last edited by alanalana; 3rd April 2008 at 18:51.
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2nd April 2008, 21:20
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#30 (permalink)
| | Site Team
Your bank owes you an awful lot more money than you realise See here Cagger since
: Nov 2006 I am in: Cumbria
Posts: 2,966
| re: ***RBS PPI Claim Long fight but, WON*** please excuse the duplicate posts it's the fault of Tiscali Should I Claim?
aa |
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3rd April 2008, 07:15
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#32 (permalink)
| | Platinum Account Customer | re: ***RBS PPI Claim Long fight but, WON*** Quote:
Originally Posted by alanalana Hello all again,
Further to my posts , would I be able to cite the Consumer Credit Act 1974 and the Act 2006 specifically sections 140A, 140B and 140C in respect Unfair relationships within the timescale and number of loans with the Royal Bank Group plc ie 5 loans and refinanced loans in 6 years ie section 140C (4) (a) ie it all started with one loan and so the current running account is as a result of the previous 4 in that they are consoliation loans? Or do I stick to reclaiming Mis-sold PPI?
aa | Hello AA,
If you feel it would add to their irresponsibility and add to your case of mis-selling do so, but if you feel it would complicate the matter, then do them seperately  |
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8th April 2008, 23:34
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#33 (permalink)
| | Site Team | re: ***RBS PPI Claim Long fight but, WON*** Thanks hell and hello to all,
I will stick with the mis-selling issue firstly and then bring in more ammunition if required. namely unfair relationships if required.
I believe there is concern by RBS as the first few letters were between the Head Office and then Data Protection team and now the correspondence is from the Retail Regulatory Risk department. Does that mean they may have concerns??? (It could all be part of the delaying tactics of course but they could also be a LITTLE concerned about what the FOS or Courts are going to say about their underhand behaviour..
I have still had no response from the worried department of the bank and I am still awaiting confirmation from the Information Commissioners Office on receipt of my complaint.
Regards
aa |
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11th April 2008, 00:26
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#35 (permalink)
| | Site Team | re: ***RBS PPI Claim Long fight but, WON*** Thanks BRW and all thread posters,
Just be aware when dealing with RBS. I now have a second letter sent to RBS go missing. First one posted 12 Mar Claim for missold PPI sent to Complaints dept at the RBS HQ address 36 St Andrews Square Edinburgh. sent recorded being treated by Royal Mail as Lost.
Second one posted 2 Apr to the Retail Regulatory Risk office PO Box 1000 again to Edinburgh recorded I checked the online track for delivery and so far 10 April not signed for. Phoned Royal Mail and they are treating this as delayed mail. This was the letter in an earlier post about the transfer of DLFS back to RBS.
I wonder are they refusing to sign for the mail and therefore the mail is undelivered? ( They Know what's coming - another delaying tactic ). The Royal Mail today advised me to send everything Special Delivery if the mail is important as this system offers a full track, trace and advice whereas the Recorded delivery you have to follow it up yourself. The only thing is the additional cost. Something's fishy here
Just to make you all aware of the situation.
Regards
aa |
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11th April 2008, 09:49
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#36 (permalink)
| | Platinum Account Customer
Watch out, there are Claims Touts about! Cagger since
: Feb 2008 I am in: Debt :(
Posts: 2,889
| re: ***RBS PPI Claim Long fight but, WON*** Hello aa!
I think there is something Fishy the other way too, as I am getting quite a few Letters that are dated, say, the 1st, arrive on the 11th, but some with Franking or Postal Marks around the 8th/9th.
The bankers will no doubt claim they sent Letters in good time, and will exploit the Law that says something along the lines that a Letter sent by Post is deemed to have been delivered within 2 Days...and the other bit that says they are within a Deadline if they Posted it within a Deadline.
I can't find the exact wording for both, but it effectively means provided they Date a Letter bang on the Deadline, and post it within maybe a Week of that, they will later claim:
"Look Judge how we complied, Deadline was the 1st, we sent the Letter on the 1st, so was Deemed served on the 3rd. All fine I think you will find."
Except many Letters are being back-dated I feel, and then Posted when they actually write them. Hence the odd Franking Mark or Postal Dated Marks.
My advice to everyone is to save the Envelopes now as well as the Letters, and check them carefully for any signs of Dates that may prove their version of the Letter Dating and Delivery can be brought into question when needed.
Don't tell the banker just yet, keep all such Information firmly up your Sleeve until you need it.
Hope this helps.
Cheers,
BRW |
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12th April 2008, 16:30
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#38 (permalink)
| | Platinum Account Customer
Watch out, there are Claims Touts about! Cagger since
: Feb 2008 I am in: Debt :(
Posts: 2,889
| re: ***RBS PPI Claim Long fight but, WON*** Hello aa!
I'm trying to mention the need to keep Envelopes to everyone, so if we all do this, the Message will soon get around!
Cheers,
BRW |
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18th April 2008, 21:40
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#39 (permalink)
| | Site Team
Your bank owes you an awful lot more money than you realise See here Cagger since
: Nov 2006 I am in: Cumbria
Posts: 2,966
| re: ***RBS PPI Claim Long fight but, WON*** Hello all,
The Saga of non compliance with Subject Access Request.
Original Subject Access Request 7 Jan.
19 items of correspendence both ways since then. 1 of the them a complaint to the Information Commissioners Office.
Statements of accounts on 4 out of 6 accounts received and not much else until today. The I get a lot of data on my royalties, my current account, my personal details, my direct debit details, my address and contact details and information on my existing loan. This was the letter:
Dear Mr
Data Protection Act - Subject Access Request
I enclose details of your personal data held by Royal Bank of Scotland Pic
and registered under the Data Protection Act 1998.
These details are provided in response to your recent request (7 Jan 2008 is not what I would call recent) made under
the terms of the above Act and were located using the information
contained within your request. ( sadly not all of the information )
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.
Your request for data held by Direct Line Financial Services (all part of RBS now) has been
forwarded to the correct Department and they will liase directly
with you regarding information requested for Direct Line products.
If you have any problems please do not hesitate to contact me at the
above address shown
Yours sincerely,
pp
Joyce E Tudor
Retail Regulatory Risk
The Royal Bank of Scotland pic, Registered in Scotland No 90312
Registered Office: 36 St Andrew Square, Edinburgh EH2 2YB
Authorised and regulated by the Financial Services Authority.
This organisation are really being obstructive in the supply of data.
I wonder why???
aa |
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18th April 2008, 21:47
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#40 (permalink)
| | Site Team | re: ***RBS PPI Claim Long fight but, WON*** Hello again.
This was my response:: Thank you for your letter at reference.
This letter in response is now item 19 in correspondence regarding my Subject Access Request first submitted on 7 January 2008.
I am now becoming exasperated by your continuing delaying tactics in not releasing the information I have requested. Your letter has indeed supplied some data in the form of loan details enquiry for my current loan, balance enquiry on my current loan, statement details of my Royalties account, accounting information on my Royalties account, customer account relationships, account limit details on my Royalties account, Direct Debit summaries, personal customer details, customer address details and Loan application form for my current loan with associated paperwork.
However you have still failed to supply data within the directives of the Data Protection Act 1998 as requested in previous correspondence namely: 1) Details of four previous loans two with RBS and two with DLFS including details of PPI on those loans, Terms and Conditions applicable to the Customer Credit Agreements and Policy documents applicable to the Loans. 2) Full transcripts of telephone conversations between Staff at your Peterhead branch and myself.
If you do not hold this information, then as stated in previous correspondence, I will require properly certified documentation confirming details of disposal/destruction/erasure by a certified Data Controller. I will now await a response to my letter xxxxxxxx dated 12 April 2008 requesting copies of the Consumer Credit Agreements together with Terms and Conditions and any other associated paperwork under the terms of Sections 77 and 78 of the Consumer Credit Act 1974 for each of the five loans listed within my original Subject Access Request and other correspondence sent to you.
Failure to respond by 22 April 2008 will result in me raising a formal complaint to the following offices.
Financial Services Authority
Office of Fair Trading Financial Ombudsman Service
Information Commissioners Office
British Bankers Association Yours faithfully I will await the Information Commissioners Office to respond to my complaint and failing all else it's Court.
aa |
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