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.
Been trying to get the Royal Bank of Scotland to comply with a SAR for relatives, eventually they have sent a letter with some statements and a letter stating that they are unable to locate all 7 loan agreements they have had over the years (which are all paid up now) with PPI .
However they have enclosed Policy documents relevant to these loans (all they sent was two copies of a policy which are no help as they are not quite sure of the dates of the loans or figures as there is no dates on a few of the agreements they do hold themselves (about 2 Credit Agreements) but because the loans ran into each other they do not have settlement figures. Another relative has informed me that they have had a letter from RBS stating that they can only hold records for 8 years (is this true can anybody advise). I shall post letter up for you to have a look at and maybe somebody can help me help them.
Hi,
As far as I am aware, a bank is only obliged to hold documents for a period of 6 years AFTER an account is closed. If any accounts are still "live" then they should keep a full paper trail.
If you are after copies of agreements then a CCA request for each account could bring forth some information (but not guaranteed).
Could you let us know what you are trying to achieve from the SAR's
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
What we were hoping to achieve when we sent away for a Subject access request was to hopefully get all info on the PPI that they had paid to these loans as they should never have had PPI sold to them as they were told they had to take it out or they would not get the loans and as they were only working part-time at the time each only 15 hours each this type of PPI would not cover unemployment sickness or redundancy.
The last loan was paid off 20 moths ago and with them all running into each other there is surely a connection so would the bank still have to keep paper work (if therewasa connection) I think what they are trying to say in there letter is that it would be too hard for them to find it, and I think in such a major establishment as the RBS that is shocking that they cannot kepp a filing system up to date.
They already do have 2 of the original copies for 2 loans (their own copies) but no settlement figures that would allow them to calculate the illegal PPI they were sold.
SW
WHat we hoping to achieve was that the bank would supply all info on the PPI they had paid to these 7 loans as they all ran into each other surely there should be a connection so the papaerwork should be available I thinkwhat they are trying to sya in their letter is it would be too much hassel to find them.
You would think a huge establishment like RBS would have some kind of filing system.
My relatives do have 2 original CCA for 2 of the loans but not sure what the settlement figures are and therefore cant calculate any figures to claim. But on the 2 CCA they have they do have figures for the PPI so if they RBS dont have any papaerwork could they put a claim in for the full amount of the PPI on both loans(I wonder what would happen) as they have proof they were sold but obviously RBS dont have any paper work to prove otherwise.
HAs anybody any idea if they can still put a claim in if they have the original paperwork and RBS don't.
SW
I have seen somewhere where it says a bank is allowed to omit information if it takes a disproportionate effort to retrieve it.
You really need the agreements to see if the PPI was front loaded or whether it was added each month.
I'm not that good on PPI I have to add.
I think I'm right in saying that if the PPI was front loaded then interest was also added to the PPI.
The only way you are going to get an accurate figure is to get all the statements and agreements. You don't want to under calculate your claim
I would write back, explaining why you need this paperwork and if they don't respond, go to the Information Commissioner and the fos.
This thread should really be in the PPI forum.
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
Sorry Just Thought It Was Connected To RBS So I Put Into Rbs Forum - Is There Any Chance Some Kind Site Team Member Could Move This To PPI Forum For Me Please.
Help please- RBS cannot not comply with SAR
to comply with a SAR
Reply With Quote
