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I have an RBS Visa card where i have been unwitting paying PPI for best part of 9-years.
I recently sent them the letter asking for details of all payments made towards this PPI and a copy of my original application form showing where i agreed to this PPI scheme.
I recieved a spreadsheet only showing the last 5-years worth of payments towards PPI but more interestingly a note saying no application form was found.
I have 2 questions maybe some of our more learned members here can help me on.
1. Can i claim these 5-years PPI costs back and what about the other 4-years they never mentioned.
2. As RBS say no application form can be found where do i, or they, legally stand on this account. If i were for example to transfer the £1k i have on another credit card and take advantage of the 0% balance transfer they keep plugging to me then say "show me my CC agrement", and they couldnt what potentaly could they do regarding this debt?
I have an RBS Visa card where i have been unwitting paying PPI for best part of 9-years.
I recently sent them the letter asking for details of all payments made towards this PPI and a copy of my original application form showing where i agreed to this PPI scheme.
I recieved a spreadsheet only showing the last 5-years worth of payments towards PPI but more interestingly a note saying no application form was found.
I have 2 questions maybe some of our more learned members here can help me on.
1. Can i claim these 5-years PPI costs back and what about the other 4-years they never mentioned. (this is RBS trying to save paying back the money they owe you for mis-sold PPI) IF you have a valid reason to claim it was mis-sold in the first instance.
2. As RBS say no application form can be found where do i, or they, legally stand on this account. If i were for example to transfer the £1k i have on another credit card and take advantage of the 0% balance transfer they keep plugging to me then say "show me my CC agrement", and they couldnt what potentaly could they do regarding this debt?
(Sorry but I cannot comment on potential issues) What I will say is RBS if your account is still an active running account on a card should have retained all of the documentation.
You should start with a Data Subject access request. This is a legal request for data that is applicable to you as a data subject under the Data Protection Act 1998.1
Hello scotay,
Firstly if the account is still active then they should have all the documentation on the account and so you should reclaim the PPI back to the start of the card. RBS should keep all documentation and they in fact should keep documentation on an account up to six years after the last trasnsaction on an account.
You can be specific with what data you request although the Subject Access Request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. The post office will be able to confirm when it was encashed (just call 01246 542091 they will even send written confirmation if you request it) Send all correspondence by at least recorded to be signed for so you can track delivery through Royal Mail
You should request the following documents:
A true copy of your Consumer Credit Agreement with the terms and conditions that were applicable at the time you took the loan/card/mortgage.
A ‘demands and needs’ questionnaire.
Copies of all statements applicable to the loan/card/mortgage.
Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.
Copies of all recorded telephone calls or transcripts of the recordings.
Copies of any notes made by bank/loan company staff in their dealings with you as a data subject.
Do not be fobbed off by them citing issues such as relevant filing systems.
If they have any records/data on you as a data subject and it is held under your name, address, post code, account number/s or any other system where the data is identifiable to you then it is a relevant filing system. Even if it is a specific serial number on microfiche records and the serial number is applicable to you.
If they state data no longer exists (ie application form) you should request documentation certifying it has been destroyed by a data protection officer within the organisation and request a copy of the certification of destruction with the methods used to destroy it, the date it was destroyed etc. It is simply not good enough for an organisation to say they no longer have the information. Especially if that information could allegedly be damning on the mis-selling of PPI.
Please have a good read through the stickies at the top of this forum. It is a lot of work but could better prepare you for the road (possibly a long road) ahead.
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
Sent the following SAR letter to my RBS branch 3 weeks ago now and not had one word of acknowledgement or even seen the £10 cheque for the statuary cost being cashed.
Account No’s
83-********************,
83**************
RBoS Visa Credit Card 45*******************
I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts and credit cards.
Please supply me with a complete list of transactions and charges relating to my history with your organization, INCLUDING loans and 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 organization:
Full copies of all contracts that you believe exist or have existed between myself and your organization, 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 credit cards with your organization.
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, organization or third party which contains my personal or financial, 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 print outs 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 enclose a cheque in the sum of £10 to cover your fee.
IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.
I look forward to hearing from you in the first instance of receipt.
Yours faithfully,
How long do I realistically leave it before I can make a complaint regarding RBS ignoring me?
RBS are really starting to hack me off. First of all the only giving me a spreadsheet showing exactly 6-years worth of PPI data in relation to my RBS credit card then taking another PPI payment in November when I specifically stated in my original letter that I wanted all PPI payments to stop. I called to ask why another PPI payment was taken in November and that said they would look into it and call me back, no surprises no call back.
They have 40 days to comply once the request has been red'd by them with payment.
They are not obliged to inform you that they are dealing-some banks do others dont.
Can you confirm the address that you sent your application to ?
As regards other issues,you should keep everything in writing so that you have some evidence to use later,should it be needed-and this should be done with proof of posting.
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As i was wanting details of my bank accounts and the PPI info on past loans and my current RBS credit card i sent the letter to the address of my RBS branch where my account is held.
40-days to comply, only been 25 days so a bit to go yet then.
Yes it should have gone to RBS data protection office-only they will be able to deal with that.
So its likely that it has been forwarded there.
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The Data Controller/Compliance. The Royal Bank of Scotland plc, 36 St Andrew Square, Edinburgh,EH2 2YB
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Hmn it seems they have a different office for their credit cards;
Data Protection Officer, The Royal Bank of Scotland plc, credit card Centre,PO Box 6050, Southend-on-Sea SS99 1WL
Either way,your application will have been forwarded no doubt by internal mail,and should still be complied with by 40 days.
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I will leave it a few days until the 40 days is up.
No doubt RBS will do best to stall and give as little info as possible back as they know i have them bang to rights on the PPI which i have been paying for 9 years now on my CC but that say they only have 6 years of data but more interestingly no record of my CCA.
I will discuss the implications of them having no copy of any CCA when the est of the info comes in.
I recieved an evelope which i assume is RBoS responce to my request for my SAR. To say the least its pretty pathetic.
I recieved and envelope with 6-years worth of credit card statements, 6 years to the month, nothing more nothing less. No details of any of my bank accounts or the 2 loans i have had, which included PPI also i think.
This crap they sent me wasnt worth the £10 fee....
Where do i stand in getting the rest of the info, including the loans as this was all within the 6 year limit?
I thought they were suppose to have destruction certificates for data protection?
What happens with PPI i have no doubt paid outwith the 6-year limit? Do i make an estimate or is this a ruse so the banks do not have to pay out over 6 years.
Incidently the letter stated there was no copy of my CCA!
RBoS Visa Card.
Visa card where i have been unwitting paying PPI
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Originally Posted by scotay
