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My parents wrote to LTSB stating that they think they have been mis sold PPI on their loan (the details are on my other posts, but basically they needed to claim on it and were told they couldn't becuse the person who needed to claim wasn't the first signee, (LTSB are one of the more difficult banks to deal with they still make life awkward for anyone trying to reclaim even though the game is up on PPI. They will always find an excuse not to pay out on expensive but useless PPI insurance) but there was no indication to them that this was important at the time they chose who to go first, as well as a few other reasons about things they weren't told like that it wasn't compulsary). ( That makes two cases for mis-selling)
Anyway, the deadline according to my mum's timeline was up early last week, but LTSB had written to them stating that they would reply by the END of last week. She gave them those couple of days out of fairness. ( No more fairness they banks are not fair so keep to your timescales and make them tight)
She got a letter today saying they have not come to a decision about her complaint, and that she should go to the FOS if she isn't happy with this. (IMO this is the way to go but firstly have you got all of the paperwork on the Loan? If not you will need to send a Subject Access Request with the Statutory fee of £10.00)
Template letters here....
Full SAR for ppi
and also here...
Data Protection Act 1998 - Subject Access Request
You should request the following documents:
A true copy of your Consumer Credit Agreement with the Terms and Conditions that were applicable at the time you took the loan.
Copies of all statements applicable to the loan.
Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.
Copies of all recorded telephone calls or transcripts of the recordings.
A copy of the needs and wants/ customer duty of care questionnaire... here is an example.
http://wwwa.mbna.co.uk/insurance/files/CP0608_INSU_MB_LP_S.pdf
Copies of any notes made by Link staff in their dealings with you.
They are though still a) sending her letters asking for money for the now defaulted loan - and trying to get them to agree to repayment schedules they cannot afford by telling them that if they do they will freeze interest - I was under the imporession that interest was frozen as soon as it was defaulted?
They have now changed banks, but still have an overdraft with LTSB. Whenever they put some money in to the LTSB account to try and pay off the overdraft, LTSB are just taking the payments they want for the loan - which has defaulted - out of the overdraft. It is 'only' the smaller amounts they are asking for, but is putting them further and further into the overdraft and they have told them several times that they did not agree to this but they keep doing it every month.
All their day to day banking is now moved over to their new bank, Barclays, so there is no issue with day to day funds, but LTSB are getting very funny with them if they don't put something into their account to help pay off the overdraft, but then just take it as payments for the loan!
Sorry, that's probably a side issue in way, but very much related.
So, where do they go from here?
LTSB have not denied OR upheld their complaint that they were mis-sold, so is there a letter I should get them to send now to get them to move theirselves in sorting this out?
Any help gratefully received.
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1. submit Subject Access Request to LTSB asking for all data. (please see this)
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For legal issues relating to Data Protection check this link...Lots of very useful info in understandable terms.
Data Protection | OUT-LAW.COM
it includes the following and much much more
Negotiating with the Data Subject (This should be important to Banks)
At this stage, it is advisable to negotiate with the data subject. The location information the data subject will have already given will give a clue as to what it is the data subject really wants to have information about. The benefit of the Data Protection Act 1998 is that it allows data controllers to negotiate with data subjects to get the data subject to specify the exact information he or she wishes to receive.
The data controller is entitled to ask for a fee of £10 and two further pieces of information. Firstly, the data controller must satisfy himself that the person making the request is, in fact, the data subject. The use of a subject access request form is advised, since the greatest breach of a data controller's security is for the data controller to satisfy a subject access request made by a person impersonating the data subject. The use of the form goes towards proving that the data controller has adequate identification and verification procedures in place. Secondly, the data controller is entitled to ask the data subject for further information to enable the data controller to locate the information which that person seeks.
When the last of these three pieces of information has been obtained, the forty day period starts to run. It is advisable to put procedures in place to ensure that the receipt of the request and the further information is correctly dated so that an organisation knows how long it has to satisfy the subject access request.
However, if the data subject is adamant that he or she wishes to receive a copy of everything the data controller holds on him or her, then there is very little the data controller can do about this, and a completely exhaustive search of the computerised and manually held data in the organisation will be required. (nice to know what you see in the Act is what you get) |
Firstly send a
Subject Access Request to Link they now obviously own the account having bought it from GE Money and Debenhams.
Data Protection Act 1998 - Subject Access Request
and another one here...
Full SAR for ppi
You should request the following documents:
A true copy of your Consumer Credit Agreement with the Terms and Conditions that were applicable at the time you took the loan.
Copies of all statements applicable to the loan.
Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.
Copies of all recorded
telephone calls or transcripts of the recordings.
A copy of the needs and wants/ customer duty of care questionnaire... here is an example.
http://wwwa.mbna.co.uk/insurance/files/CP0608_INSU_MB_LP_S.pdf
Copies of any notes made by Link staff in their dealings with you.
You should also consider complaints to the Information Commissioner`s Office, FSA, BBA and OFT this just costs a stamp and a letter but keeps them on their toes on the PPI issues..
Here is the letter I sent which got results.
Submission of a Very Serious Formal Complaint against the Royal Bank of Scotland
Despite several further requests for the information as required by my S.A.R - (Subject Access Request), none has been forthcoming.
Letters have been sent on:
24 January 2008
16 February 2008
12 March 2008
28 March 2008
2 April 2008
12 April 2008
12 April 2008 Request for CCA under provision of Consumer Credit Act 1974
19 April 2008
I have still not received Consumer Credit Agreements with associated paperwork on four of the loans. Because of the inordinate delays, the information requested on the first loan which was refinanced in March 2002 would be of no use as any claim against that loan would now be statute barred within the Scottish Courts.
I have not received data in the name of recordings of telephone conversations or transcripts of those conversations between the RBS and myself.
I have not received copies of emails or letters which I know exist.
I have also not received any properly certified documentation by Data Controllers within the RBS stating the information that I have requested has been disposed of, destroyed or erased.
The Royal Bank of Scotland is a member of the British Bankers Association (BBA), is licensed by the Financial Services Authority and should I believe, operate within the Law of the Land and therefore respond within the statutory timescales within Legal Acts at Law, namely the Data Protection Act 1998.
I have, when asked, provided information to the RBS, but it seems to me now, that they will try and delay supplying the data requested by using whatever delaying tactics they see fit. On one occasion referring me back to DLFS for the information I had requested. The fact that the DLFS had been legally transferred back to the RBS on 1 March 2006 (the transfer included all DLFS loans) was obviously overlooked by the Data Protection staff within the RBS.
This is indeed an extremely sorry state of affairs and it beggars belief that RBS staff would not be aware this Legal transfer had taken place.
My understanding is that the RBS had 40 days to fully supply all the information requested in my Subject Access Request,
this has most certainly not happened.
I would therefore like to request that each addressee takes the appropriate measures to instruct or at least direct the RBS to supply this information to me as a matter of urgency.
I have a complaint lodged with the Information Commissioners Office Case Reference xxxxxx
I would now urge the Commissioner to consider an Enforcement notice against the RBS under Section 40 of the Data Protection Act.
I would also request that the Financial Services Authority, the Financial
Ombudsman
Service, the Office of Fair Trading and the British Bankers Association add this extremely serious complaint to their files on the Royal Bank of Scotland.
Yours sincerely
A xxxxxxxxxxx
Distribution:
The Financial Services Authority, 25 The North Colonnade, Canary Wharf, London, E14 5HS.
The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London,
E14 9SR.
The Commissioner, Information Commissioners Office, Wyckuffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
The Information Commissioners Office, Casework and Advice Division, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
The Office of Fair Trading, OFT Enquiries, Fleetbank House, 2-6 Salisbury Square, London, EC4Y 8JX.
Chief Executive, British Bankers Association, Pinners Hall, 105-108 Old Broad Street, London, EC2N 1EX.
[/quote] It is a long post but may give you ideas the main aim of the game is to not let the banks control the situation.
Hope this is of use
aa
Sorry about the duplication within the post but the message is there
Sent initial letter, eight weeks up, what now? 
