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.
sent off a S.A.R - (Subject access request) to RBS on the 18th. The original debt/amount owed is being dealt with by their CMS in telford, and has been since the account went default in may 2001. Do I still have to pay them my current monthly payments while waiting for a response?
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
sent off a S.A.R - (Subject access request) to RBS on the 18th. The original debt/amount owed is being dealt with by their CMS in telford, and has been since the account went default in may 2001. Do I still have to pay them my current monthly payments while waiting for a response?
I would carry on as usual and wait for your S.A.R - (Subject access request) info make sure that they include your "Router Account" Details either myself or Paul Walton will tell you more about later, if they do not include this in your SAR, request that they do immediately.
it is a personal loan and outstanding overdraft combined, there is no credit card involved. The account went default in may 2001 because they (the RBS) didn't/wouldn't/couldn't send me a PPI claim form when I was made redundant in Oct2000, claim form finally arrived in june 2001. The debt, AFAIK, has NOT been passed to a DCA but is being dealt with by CMS telford though I do recall some years ago a letter coming from what appeared to be a DCA - I have this somewhere and will dig it out. The RBS wrote to me some years ago to tell me that I could no longer use the current account that went default, and could ONLY use it for paying in. This recently changed, they wrote telling me that they want me to make payments into a completely different account no/sort code from now on. Does this mean that my current account has been closed?
What this means is that your personal account has been closed and it has now been replaced with "the router account" I mentioned, this is where you will find some "fiddling" going on with your account .....I'll be surprised if you don't.
What this means is that your personal account has been closed and it has now been replaced with "the router account" I mentioned, this is where you will find some "fiddling" going on with your account .....I'll be surprised if you don't.
sparkie
sounds ominous - what sort of "fiddling" can I expect? I've already been absolutely caned, and I mean CANED for charges (when the account went default, over 6 years ago so I don't think I can claim them back)
I know you can try claiming for charges more than 6 years old - I've succeeded on some of mine but sorry Spas, I don't have any experience of router accounts - wait for Sparkie's input. In the meantime I would dig all the paperwork out as it sounds as though you've got some research to do! Good luck.
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
If you are still paying on the account even if it is closed you will be able and can claim all your charges back, what you have got to wait for is to see how far back they supply your bank statements to.
it's now 22 (calendar) days since RBS received my S.A.R - (Subject access request) and they haven't cashed my cheque yet (SAR sent by registered post and received but royal mail website says no electronic proof of receipt available)
what happens if they go over the 40 days without replying?
it's now 22 (calendar) days since RBS received my S.A.R - (Subject access request) and they haven't cashed my cheque yet (S.A.R - (Subject access request) sent by registered post and received but royal mail website says no electronic proof of receipt available)
what happens if they go over the 40 days without replying?
You have to give 40 days from the time of receipt as long as you CAN get proof of delivery, you are O.K. for the 40 day limit. What I suspect is that they are behind with the workload of SAR's and might try to use the date of cashing your cheque as the star of the 40 days ...but if you can prove they received it on a certain date ...they've lost that get out scenario.
request sent 1st class recorded 17/06/08, request received and signed for (according to track and trace) 18/06/08. Did I make a mistake in sending it direct to my branch marked FAO the manager?
request sent 1st class recorded 17/06/08, request received and signed for
(according to track and trace) 18/06/08. Did I make a mistake in sending it direct to my branch marked FAO the manager?
Yes you did make a slight error that has given them the excuse to slow the process down, I advise folks to send it to the registered office of the company then there is no doubt they have got it that's is what the ICO.
advises also....They can't play it out forever though I would ring the RBS data controller up if I were you.... her name is Joyce E Tudor and her phone number is 0131 626 1165......fax number 0131 626 3049
also just checked track and trace again and there is an electronic proof of delivery, still 40 days is 40 days so surely they can't use that as an excuse? what happens if they try?
They will most certainly try and delay it but as I said ring their data controller up and tell her that you will only allow a maximum of a further 7 days, if they try the delay angle " this office that deals with SSAR's has not received it" or words to that effect.
Everbody seems to have backlogs at the moment, guess it's all the claims! (Co-op seem to be about 2mths behind & that's just ordinary corresp.)
Don't worry about it, it will eventually arrive but you do have to keep on at them. Can't do anything anyway until after the 40days except be patient...
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
OK - got home from work today, letter from RBS "Regulatory Risk"
Dear Mr ****
We acknowledge receipt of your recent letter requesting your personal data held by the bank and payment of the £10:00 fee.
To ensure we are releasing the account information to the correct party we need to verify your identity.
In order that we can proceed with your request please return a copy of this letter containing your signature.
On receipt of this we will verify your signature and any information required to be provided to you under section 7 of the Data Protection Act will be forwarded to the above address.
Please be aware that it is not our practise to provide further copies of standard documents that you would have received as part of our normal course of business. This would include providing you with further copy statements.
However, if you do wish us to include copy statements, please advise us when providing your signature. Please also confirm the statement period you wish this to cover.
If you have any queries etc. etc.
Sincerely
Sharon Smith
PP Joyce tudor
sounds like they might be missing some information? I asked for my complete banking history but did not ask for any dates? I could paste a copy of the actual letter here if it would help?
Also, it has been many years since I actually used any RBS account in my name and my signature has changed. Do I have to provide a signature or can I go to my local branch and verify my identity to them?
Also, forgive my ignorance, what's a CCA section 77 request?
CCA 77 deals with fixed sum agreements (eg. fixed sum loans etc.), CCA78 is running credit agreements (eg. credit cards etc.)
If you hold statements already, just ask for the dates you are missing (eg any statements prior to XXXX) plus any other data they hold on you. They are probably just trying to save duplicating statements.
When I am asked for my sig. in circumstances like this I sign & then write across it in block caps several times MY signature. That way it can't be cut & pasted onto any other doc. without it being obvious.
Did you apply for the SAR in the name you were using at the time of your account or your name now? If the former, you can still use your 'old' sig. (it is still yours & they're not asking for your usual sig.), if the latter could you sign your name in both sigs & put a note (printed) alongside like 'Joe Bloggs, now Joe Smith?'
Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.
thanks for the reply, RE my signature - I haven't changed my name or anything like that it's just that my signature is now just short and sweet whereas it used to be my complete name signed with a bit of a flourish!! so I'm concerned that I won't be able to match it?
As to the paperwork and statements, my old job involved a LOT of moving around the country so to make travel lighter I didn't keep/carry anything that I didn't need at the time so I don't have ANY statements at all re this account and can only find a copy of the loan agreement that has "branch copy" on it and no signatures from either party (myself or the bank) all statements would have been thrown away years ago, I haven't used this account at all since 2000 and when it went default in 2001 the bank (or CMS) made it a "paying in" account ONLY. I've already said that they recently wrote to me giving me a different account number and sort code to continue making payments into and have no idea why?
recent RBS S.A.R , I have a question?
) to RBS
Reply With Quote
Originally Posted by spaspeckerthedull
my bad -
