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 received my statements through the post this morning and they have only sent me statements since JUNE 2001..!! even though i asked for statetments since 7th June 2000.
The excuse given was that they were unable to trace copies of my statements prior to June 2001 as it "is possible your account may have been held under a different account number due to your card previously been lost or stolen. However, as your account is closed and no longer held on our computer system I am unable to check to see if this is the case"
I think what is really happening is that they are trying to pull the wool over my eyes as I reckon the majority of charges are between June 2000 and June 2001. They are correct though, I did report my card as lost around this time........but this shouldnt make any difference should it....???
They have to keep records for 6 years so this is wrong. Also, if you made the SAR in the correct way then they should give you all the information about you (the subject in the SAR) that they have back to 6 years ago.
Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.
Abbey: SETTLED IN FULL BoS M/card SETTLED 27/09 Aqua CC (Halifax) SETTLED 28/06 GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9 First National Mortgage Data Protection Act sent 14/6 Statements 26/7 Cap 1 - SETTLED IN FULL Abbey x 2: 50% offer refused AQ filed
I sent a lba to them from the templates library, the one that you send if data is missing or inclomplete, i also sent a list of my previous addresses
I got a letter back from them basically saying that 'as your account is closed your records are no longer held on our computer system. I am therefore not able to confirm whether your account was held under a different number to that quoted above, prior to june 2001, to enable me to search our historic records'
i am stuck now, really dont know how to take this further..........any ideas!?!
I got a letter back from them basically saying that 'as your account is closed your records are no longer held on our computer system. I am therefore not able to confirm whether your account was held under a different number to that quoted above, prior to june 2001, to enable me to search our historic records'
I think that's complete rubbish! My account with RBS was closed some time in 2003. I was fortunate that I had all my statements but when I sent the prelim letter I got a phonecall to say that they would have to order my records, presumably from the basement . They duly obtained records of my account and then sent me the usual buzz-off letter. But they never even tried to tell me they would be unable to get them.
I think this is a case for a DPA non-compliance letter (templates in the Library. Template #1 is the one you need, I think) . And while you're waiting highlight the charges you do have and do the spreadsheet. Then you can estimate the missing year's charges . If you overestimate and the bank disagrees with your figures they will have to provide the evidence.
I will probably do that but i will wait the full 40days is over before i hit them with that letter.
OK, it's up to you of course, but I didn't mean the preliminary letter. The DPA non-compliance letter template #1 is when they don't provide the full information they hold on your account. They've already told you the info about your old account is not on the computer so they can't help you, so there's no point in waiting any longer! It's just another stalling tactic. I bet if you owed them money they could find your old account just like that after all they even mentioned 'historic records' so the info does exist and they could find it. Don't let them put you off any longer
OK, it's up to you of course, but I didn't mean the preliminary letter. The DPA non-compliance letter template #1 is when they don't provide the full information they hold on your account. They've already told you the info about your old account is not on the computer so they can't help you, so there's no point in waiting any longer! It's just another stalling tactic. I bet if you owed them money they could find your old account just like that after all they even mentioned 'historic records' so the info does exist and they could find it. Don't let them put you off any longer
I have already sent them that letter, the reply they sent back is above.
Should I proceed with the claim now then and just estimate the costs?? Is there a time limit on me doing this?
Sorry, I obviously misunderstood/didn't read the post properly
Originally Posted by zonecrew
Should I proceed with the claim now then and just estimate the costs?? Is there a time limit on me doing this?
Am I now right in thinking that you have sent a DPA non-compliance letter, a prelim letter and an lba? If so, then yes go ahead with your claim. I can't see how else you are going to proceed unless you estimate the older charges, as the bank is declining to give you the necessary information. As to the time limit, do you mean the statute of limitations? Any charges older than 6 years are statute-barred but people are going after them as well - I think usually after they have got the 6-year ones back first! Oh, I am also assuming you're in England.
Sorry, I obviously misunderstood/didn't read the post properly
Am I now right in thinking that you have sent a DPA non-compliance letter, a prelim letter and an lba? If so, then yes go ahead with your claim. I can't see how else you are going to proceed unless you estimate the older charges, as the bank is declining to give you the necessary information. As to the time limit, do you mean the statute of limitations? Any charges older than 6 years are statute-barred but people are going after them as well - I think usually after they have got the 6-year ones back first! Oh, I am also assuming you're in England.
Good luck with your claim.
I have sent the prelim letter, the DPA non-compliance letter but NOT the final LBA letter.........should I send this off and give them 14days to reconsider their stance??
Yes, I think sending the lba would be the right thing to do then you've done everything by the book. They'll send you another 'we're right, you're wrong' letter then you can file your claim
Keep us posted
RBS Credit Card - help
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nn
Originally Posted by zonecrew
. They duly obtained records of my account and then sent me the usual buzz-off letter. But they never even tried to tell me they would be unable to get them. 
. If you overestimate and the bank disagrees with your figures they will have to provide the evidence.
after all they even mentioned 'historic records' so the info does exist and they could find it. Don't let them put you off any longer 
