Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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Thread: Drummy V RBS

  1. #1
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    Default Drummy V RBS

    Hi Guys

    Ok I sent off my letter asking for statements going back 6 yearsicon (without payment), for the bank to react. Today I received a letter from my branch (Birmingham) stating that they only keep records for 12 months and will incur a £5 charge for statements. Has anyone encountered this before?

    Any suggestions on the best way of answering this? I was thinking of replying by saying that, I understand that the RBSicon does in fact hold records for 6 years and that under the terms of the DPA I am entitled to see the data I requested at a charge of £10 (and include the cheque in the letter), and that if the Bank does not provide the information I require then I intend to report it to the Information Commisioner.....would that sound like a fair response?


  2. #2
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    Default Re: Drummy Vs RBS

    The reason they have said you must pay £5 is because you asked for copies of your statemenst and yes, in that case, they can charge. The best way of getting all the information you need is to use the DPA request. That way it is a maximum of £10 and can take up to 40 days to come through. Use the template in the FAQ section, it has all the relevant information on it.

    Good luck.

    Pam.

    If anything I've said helps you then please feel free to tip my scales!

  3. #3
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    Default Re: Drummy Vs RBS

    Hi Pam
    Didn't word the first post very well. It wasn't statements (in fact I didnt use the word Statement in my letter to them) I asked for details of all default charges for Od's and unpaid DD's over the last 6 yearsicon as a DPA request and the response I got was sorry we only keep them for 12 months, which I suggest is a delaying tactic. What I was driving at was whether anyone knew how long they are obliged to keep your details for, as I don't believe 12 months is correct.


  4. #4
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    Default Re: Drummy Vs RBS



    Ok this is the letter I send (thanks to the "templates people")..Can anyone see anyfaults, in the first paragrpah, which is specific to me.


    Dear Axxx Pxxxxxx


    ACCOUNT NUMBER: 1xxxxxxx


    May I take the oppurtunity for a very prompt response to my initial enquiry, dated 30th June 2006. However it is my understanding in conversation with fellow Royal Bank of Scotlandicon Customers that the Royal Bank of Scotland does indeed hold the details I requested.

    Please supply me with a complete list of transactions and charges relating to my banking history with your organisation for the previous 6 yearsicon. Alternatively, a complete set of statements for that period will be acceptable.

    Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

    If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

    I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act Subject access requesticon fee.

    If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
    I would be happy to collect the Data from my local branch.


    Yours faithfully,








  5. #5
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    Default Re: Drummy Vs RBS

    That template is not the current one in the libary. I would delete 'previous 6 yearsicon' it may be possible to claim beyond 6 years, read matilda153 thread in RBoS and you will see what I mean.


  6. #6
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    Default Re: Drummy V RBS

    My 40 day limit expires in a few days, to which I have reminded the bank by letter. Unfortunately I go on holidayicon in a couple of days. I just hope that the documents have a arrived by the time I return. Has anyone had to complain to the Info Commissioner before and what action follows after it?


  7. #7
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    Default Re: Drummy V RBS

    Hi Drummy,

    I believe the 40 days is from when they receive payment, so just to check this is the date your counting from?

    I think several people have reported to the Information Commissioners and if you do a search on the forum you should be able to find out a bit more.

    Stacy

    NatWest - Settled in full 22/05/06

    RBS- Prelim sent 9/05/06 £1,147
    £500 offer 27/05/06, rejected 30/05/06
    LBA sent 25/05/06
    MCOL 15/06/06
    Defence received 20/07/06
    Settled in full 01/09/06 wahey!!!!!!!!!

  8. #8
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    Default Re: Drummy V RBS

    Thanks Stacy.
    Yes the payment date is the one I am going from. Will look a bit further with reference to your other advice
    Thanks.


  9. #9
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    Default Re: Drummy V RBS

    Well I just returned from holidayicon and still no statements (although the cheque has just been cashed). Methinks a phone callicon to the bank tomorrow? Has anyone else experienced this?



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