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.
I sent the RBS a SAR in june last year, after the usual delaying tactics and to-ing and fro-ing regarding what they sent me, I sent them the "I've now had enough of this send me my stuff or it's court time, and BTW this is now an official complaint"
I'm confused at what they've replied with, the most recent letter is posted here:
Thank you for your patience whilst we have been investigating your recent complaint. I understand that you have concerns about the information supplied by CMS on 16 june 2008 in relation to your DSAR
You stated the following:
we failed to provide a complete list of transactions and charges
we have provided no notes or documents relating to any legal action between the bank and yourself
we have provided no notes or documents relating to instances of manual intervention
we have failed to provide any of the requested information prior to 2001
with regard to a list of transactions and charges, i have ordered bank statements and will send them out as soon as possible. These would not normally be provided as a matter of course to a customer requesting a DSAR.
Having carried out a review of the DSAR provided to you by CMS I regret that I cannot see that any personal details have been omitted that you are entitled to under the DSAR.
Please note that the banks retention policy means that historical information beyond 6 years may no longer be available. In your case CMS has complied by providing notes from january 2001 but none are available before this date. Please note that automated letters are system generated and originals are not available.
Nevertheless it is apparent that you require specific information. In view of this I would be happy to undertake a further review/search if you provide the specific details of the documents that you require.
I trust the above clarifies the matter etc etc
then there's the usual guff about how to complain to us, you have the right to refer to the fos blah blah.
My question is - what exactly do they have to provide? is the 6 years explanation correct and if so what are the chances of reclaiming the substantial amount in charges/PPI before then? Also, if they cannot provide info back past 2001 as they claim not to be able to in this letter, then how were they able to reconstruct a credit application (with only some correct information) in answer to a CCA request? Or is it another dodge in the fact that my account has only been with CMS since january 2001 so they have complied as regards the info held by CMS as they actually can't go beyond 2001 with this particular department?
They have to provide everything which they have in their possession unless you have asked only for some limited information.
If it is true that they no longer have your data prior to 6 years then you would be entitled to a certificate of destruction.
You should ask them for information about what data they do and do not have, when it was destroyed, why, according to what policy, the date of the policy.
The banks are thoroughly dishonest and I can well imagine that many banks are getting rid of data older than 6 years in order to frustrate repayments when the OFT case is finally lost by them.
I think that you shold get very serious with them. I don't know why yo have waited this long before starting to get on to their case.
I certainly think that you should be making an immediate complaint to the IC about this.
I think that information on their policy of destroying data older than 6 years must be obtained and verified.
Personally I don't believe it.
I know for a fact that Abbey retain all of their account data going back as fas as 1926 and I can scarcely imagine that they are especially out of step with the rest of the industry.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
it's not that I've waited a long time, it's taken me this long to get this information out of them - this is the letter that I sent them and it's blatantly obvious (to me) that they haven't complied :
I understand that you currently hold details of my personal and financial information within your internal record systems with regard to current accounts, personal loan accounts and/or credit cards.
Please supply me with a complete list of all transactions and charges relating to my entire history with your organisation, INCLUDING loans and/or credit cards, payment protection insurance and other products. 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 organisation:
Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same
A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit cards with your organisation.
Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to me.
Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
Full hard copy printouts of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations. I will not accept the excuse that historic entries are stored on microfiche. If this statement is made I shall make a full formal complaint to the Information Commissioner.
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 calendar days in which to comply. 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.
IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION
I look forward to hearing from you in the first instance of receipt
as you can see, I already asked for evidence of any disposal. I know their methods are designed to make you just give up, and that's exactly what I feel like doing
Have you sent a complaint to the ICO about this at any time?
-Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -
HFC Bank - Davey vs HFC
Barclays - Monthly payments made
Cahoot - Agreement received, awaiting 2nd agreement after DCA.
MBNA1&2 - Agreements received. (Currently in limbo)
Halifax - Davey vs Halifax/Cabot
MINT - Davey vs Mint
Amex - Davey vs Amex Cap1 **WON** £1,500 Written Off Davey vs Cap1
no, I was thinking about it but I've got to the point now where I'm asking myself is it really worth it? it doesn't matter how much we here on CAG take the moral high ground and send off correctly constructed and very cleverly worded letters knowing full well the law thanks to the tireless efforts of dedicated CAGgers who pull the legislation to bits and explain it all in plain english, just to have banks and DCA's carry on regardless as they know full well they will never, ever be brought to task over their actions
It's hard not to give up i know when presented with a brick wall at every turn it seems. But it only seems that way and creditors who are so desperate to avoid their duties and who lack common decency, in the end, won't win. Less often than not.
For a little inspiration i would check out the successes threads. That's what i do when it looks like i am going round in circles.
-Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -
HFC Bank - Davey vs HFC
Barclays - Monthly payments made
Cahoot - Agreement received, awaiting 2nd agreement after DCA.
MBNA1&2 - Agreements received. (Currently in limbo)
Halifax - Davey vs Halifax/Cabot
MINT - Davey vs Mint
Amex - Davey vs Amex Cap1 **WON** £1,500 Written Off Davey vs Cap1