Thread: bitupsetreally v RBS

CI - it's your decision - seems to be decided on how much are you prepared to fight? Even go to court for it???

If you do opt for contractual interest, a couple of "how do you do this" questions will not be enough to get you through, you will have to do the leg work, get a lot of reading in on the arguments as to why you DESERVE to claim CI, read through model claims (people like Likelylad, mcuth).

BTW - just been offered the FULL amount back I'm claiming (no interest) 4 weeks after I sent the prelim.....

Congratulations!!!
Nice one essix!

A.

hi All,

bit of an update - had my statements back, exactly 6 yrs worth, and have calculated RBS owe me 1483 in charges and 88 overdraft interest, before applying any other interest (e.g contractual or 8% statutary). I have sent back a lba dpa for the previous years banking and manual interventions within my original 40 day timescale as below.....

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 04/03/07. The disclosure of personal data is incomplete in that at least the following documents are missing.


1) You have failed to provide a complete list of transactions and charges – Namely details of transactions prior to 28th February 2001. My banking history with you starts on or around June 1989.
2) You have provided no notes, or documents relating to any legal action between you and myself.
3) You have provided no notes, or documents relating to instances of manual intervention.

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

You have a further 10 days to comply.


Let's see where this takes us!!!!

Hi all,

Update two.....

Following a prompting phone call to customer services I recieved a letter from Joyce Tudor in regulatory risk, with reference to my reciept of statements..

" you advised that you have not recieved your statements I did'nt, I said i had not recieved all the requested statements I have re-ordered them today and they will be with you a soon as possible

Manual Intervention
with reference to your request concerning any 'manual intervention' to the administrative charges debited, I thought they were penalties these charges have been processed in accordance with the terms and conditions of our current agreement with you as a result of the activity on your account. In the event that you breach the terms and conditions , we will take the appropriate action , contacting customers where appropriate , or handling customer enquiries regarding their account status. When a customer has raised a concern in relation to this process, the decision will be communicated to the customer and where appropriate noted on the account. thoughts anyone.....? I have drafted a letter below but would appreciate you input as I have not seen this paragraph on the site....:-?

if you have any queries relating to this matter please do not hesitate to contact me at the address shown above.

Yours sincerely,


Joyce E Tudor
Retail Regulatory Risk.

See response letter.

Dear Ms Tudor

Date Protection Act 1998

I am in receipt of the your letter dated 26th April 2007, and thank you for your unprompted response. I have enclosed my previous letters addressed to your XXXX Branch for your convenience.

In the interest of clarity, I have not advised that my statements have not been received, I have advised you that the information is incomplete as quoted below from my letter to your XXXX Branch received by yourselves on the 12th of April 2007.

”1) You have failed to provide a complete list of transactions and charges – namely details of transactions prior to 28th February 2001. My banking history with you starts on or around June 1989.
2) You have provided no notes, or documents relating to any legal action between you and myself.
3) You have provided no notes, or documents relating to instances of manual intervention.

This is not an exhaustive list by any means, it is just an example of some of the information I am missing“



With reference to your comments as to Manual intervention, I still require under s.7 all notes and documents relating to these. In addition I require a true signed copy of “our current agreement”.

I would like to remind you that your obligation under s.7 is to supply all data held by your company irrespective of the date of such data. I would also remind you that you are required to fulfill your obligations within 40 days of the receipt of request. The time period for compliance expired on 15/04/2007.

As a gesture of goodwill I shall extend this time period for a further 21 days. If, however, you fail to supply me with any personal data that you hold prior to 28/01/2001, within 21 days from the original expiry date, I shall be making a complaint to the Information Commissioner in addition to seeking court action to enforce compliance.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

im not really sure of opinions here but with regards to the letter.....firstly I think your are being EXTREMELY kind giving them 21 days. I would think 7 is more like it and the threat of filing a claim for non-disclosure.

Last sentence, I would change I have to tell you to I would like to stress

My only issue with the manual intervention bit is how relevant is it to you? For claiming back charges, all you need are your statements and I haven't seen you mention anywhere that there are other issues you need to address.

The reason I say is that you could end up sending letters back and forth arguing about manual interventions when you don't NEED them and wasting time that you could be using to get your charges back. Just a thought....

Thanks T4ff, good point about the manual interventions - I guess I am being a bit bolshy really ! My only concern with them is that I know on a number of occassions these have caused refunds or adjustments and this does not show on the statements - but then I guess they would need to prove this as it works in my favour!

Do you think it is worth chasing the true signed copy, as the "manual intervention" bit strikes me as trying to build a case that they were administration charges as opposed to the penalties we know them to be..:?

Lastly - yes I think you are right - over generous, although I was trying to say 21 days from the original expiry which would only give them until tommorow which when I think about it doesn't work either!!!!

7 days it is!! and i will update the info commisioner element

Much appreciated!!

A.

Are you sure they don't appear on your statements? I would have thought any credit or debit to your balance - even a manual one, would appear? I know that manual refunds of charges that the branch used to do for me used to appear on my statements.....

Well to be perfectly honest with you, I didn't ever get any MI stuff and I got all my charges back. I think this information is more for those going after defaults (though I may be wrong). I've never really understood the benefit in obtaining them (but I've only ever need to claim for charges).

Is this a credit card then? If you are asking for a true signed copy of your credit agreement? I don't think a request for this falls within a DPA request, but a CCA request (all these acronyms ).

To put it simply, you have to think about what you are trying to achieve and what you need to achieve it. If all you are going after is bank charges, the only thing you need to do this is statements. Whilst by rights RBS should give you EVERYTHING and you are well within your rights to do so, it won't get you to your goal any quicker. Concentrate on your statements IMO.

Hi T4ff,

Thanks for your info.. True, i can't really see the point of Manual interventions, but it is a bit stragne they don' show up - but it may be that the removal occured before they hit the account etc..8) I think I may be uneccessarily flogging a dead horse really

No, it is a current account for standard charge reclaim, but the bit about "our current agreement with you" made me wonder... more because I had'nt seen it in my research on the site, but it probably is not that important.. The key bit is to try to get the statements pre 6 yrs, i have tried my branch but they are not so helpful now as everything to do with charges has to be dealt with via customer relations...

I will send the base response out to Ms Tudor in reply and delete the manual bit as you rightly point it is giving an opportunity to waste time to the bank.. and they don't need any help with that!

Henderberg,

In future best off asking questions like this in your OWN thread, not just randomly hijacking someone's post

You will find RBS address in a sticky at the top of the RBS forum - there is one in each forum for each bank.

Good luck

Ging, the CCA bit isn't relevant (for your purposes) for a current account and as you rightly say is giving them an opportunity to delay.

Cheers T4ff,

Advice much appreciated

Here goes round 3!!!!!