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'm trying to make claim with RBS but I have now been waiting 10 weeks for my bank statements. They sent me 3 years worth then I rang the bank and they told me to put in writing again which I did. 3 weeks later I received nothing so I called them and was told they would order them 2 weeks later I received my statements and............they were the ones I already had!! I have made a complaint to their Head of Complaints and still no response.
Does anyone know if I can make an estimated claim - I'm sick of them setting the timetable.
Re: RBS refusing to give me my statements - HELP!!
I know it will take another 40 days or so but send them a SDAR (unless you have already) and specifically state in the request for them to supply All your Bank statemets from the time you opened your account...Dont be put off by them telling you they only keep them for 6yrs....... they tell lies.
Re: RBS refusing to give me my statements - HELP!!
Thank so much for replying Sparkie
In my 2nd letter advising I hadn't received all of the statements I quoted a template letter from moneysavingexpert site advising of the 40days etc. RBS obviously don't care about their customers, which leads me on to my next point.....
I finally received a response from the complaints department late this morning. No acknowledgement of the poor customer service I've had to put up with and no apologies. Just a bog standard letter advising statements have been ordered and can only claim certain costs and not interest etc etc.
So ANNOYED at their rudeness of not even an apology! I'm still their customer afterall. Anyway we shall see what happens.....
Re: RBS refusing to give me my statements - HELP!!
If the charges put you overdrawn the you can claim the overdraft interst they chaged back, PLUS interest at statutory rate, dont let them pull the wool oer your eyes, they will certainly try it.
You dont have to tell me about abut their ignorant, off hand, undrehand dealings I have had a lot of that.
Re: RBS refusing to give me my statements - HELP!!
As discussed in mcuths thread fiesty, have a look at the non-compliance information on this site. If you have sent them an SAR and the 40 days are up, they have not complied with your request. You have rights to take them to court for non-compliance.
Providing you have sent them an SAR, then you would then send them an lba in relation to this non-compliance giving them 7 days to comply before you file in court.
Do agree with sparkie though, if you haven't previously asked for all bank statements then you might not be able to do the above. It may be worth going through the SAR process again allowing them another 40 days (groan!) but if they go one day over have your next step ready
If my post has been useful, tip my scales and let me know
Re: RBS refusing to give me my statements - HELP!!
Oh my word.
I've just read through the guidance notes letters etc on this site and now I'm scared!!
I never thought this wouldbe an easy process but I didn't think I would actually have to attend court!!!!! Has this happened to anyone here?
I really hope it doesn't get to this stage.
Also I have some questions about interest. I found this site via moneysavingexpert.com and it advises on there to claim interest and gives an interest calculator but on here it says not to claim until you go to court?
Does this mean I can only claim my charges and no interest etc when I approach my bank with my claim? I don't want to be greedy it just seems that they have been 'borrowing' my money for the last 6 years for nothing. Whereas I had a 3 yr loan with them to repay my 2k student overdraft and I will have ended up paying over 3k - where's the justice??
Re: RBS refusing to give me my statements - HELP!!
No not quite, my view is..
You work your charges out as per spread sheet and make your calculations, with added interest @ 8% that gives you an idea of the amount you would expect back.
When you submit your POC you put the total of your claim £XXXX plus statutory interest, you dont put the actual figure you have worked out because you are entitled to claim interest right up to the date of your hearing ...if it goes that far.
If they offer you settlement you work out the figure with the interest up to settlement date and say that you accept £xxxx. If it is as near as dammit to what you have worked out accept it, ...if its not push them a bit harder for the rest , do members agree,?? this is only my opinion so dont take it as fact.
Other members may give you even more insight than me, no one really argues only try to help with ideas.
Re: RBS refusing to give me my statements - HELP!!
One more question folks, when looking through the threads I've heard claiming for 'contractual interest' mentioned. What is this and has anyone won this back?
Re: RBS refusing to give me my statements - HELP!!
Hi Fiesty,
Sometimes they say too much reading is overload and if you read it all through, yes it can appear intimidating.
So......the basics are that its all set up in stages so very better and easier understanding.
Step 1 - is where you are struggling with the data protection act and compliance by them.
While they say they are ordered etc - to give you back some control, why not send the letter of non compliance warning them that you will proceed to court if they do not comply within 7 days.
As for the rest of the stages - it really is simple. Very very few people have gone to court and those that have - it is often due to their mistakes of wanting to rush ahead...and missing bits....so just be careful to take it slow and not miss anything.
You have lots of support of here and guidance, so don't worry!
Maybe spend the next few days having fun with the spreadsheets and getting familiar with them - the rest is a doddle.
Link to spreadhsheets - are on the link below - to the right!
Re: RBS refusing to give me my statements - HELP!!
It would be worth mentioning that you might FILE a court claim but the chances of you actually APPEARING in court are very slim.
I should also point out, in layman's terms, that submitting your POC (as sparkie says) is what you would do when you file your court claim. Up to that point, you should not claim for Statutory interest. I realise Moneysavingexpert advises to, but it's reasoning for doing so is flawed.
The reason you are entitled to claim SI is because you have filed in court, so how can you claim for it before you've filed in court?
As for your question on contractual interest.....there seems to be a lot of excitement generated wtih regards to contractual interest from the majority of newcomemers to the site, because they see the massive sums that SOME people have successfully received back but what most people fail to realise is that those that have successfully won CI claims have put in a lot of work, have a water tight argument for claiming CI and have invariably been determined enough to take the time to do the research, to do the paperwork and to argue their corner.
CI is not something you will get easily - just by "adding it" to your claim as lots of people often say. Most people who claim for it I expect don't end up being paid it.
CI is not for the faint-hearted. I guess you need to weigh up your need for the extra money (which isn't guaranteed anyway) against the amount of work it will take to do.
Any more questions, ask away
If my post has been useful, tip my scales and let me know
Re: RBS refusing to give me my statements - HELP!!
ChloeJane and T4FF
Thanks for your support and advice, you have been very helpful.
I shall give until Wednesday for my statements to arrive ( I received a letter from our friend Ms Watt this Wednesday) and then I shall issue a letter of non-compliance.
As for interest etc - sounds like lots of hardwork for no guarantees so I'll stick with claiming just my charges and point out that I have not requested CI or interest charges and the bank could save themselves a few quid by just paying out nowif (NO WHEN!) I get to the point of making a claim.
Re: RBS refusing to give me my statements - HELP!!
I agree with everything that T4FF has said, forget CI keep it short neat clear and easy , you will get all the help you need.
Since being a forum memberI have learned a lot from listening to what others say, that way you can pass what you have gleaned on to others, take everything into consideration, what members say check on people who have suceeded and take their advice,and you wont go far wrong, we are all still learning.
I haven't suceeded yet but I.m still trying and its down to the encouragement and help from the CAG.
dont be scared and dont give up, no matter how they try to knock you down
Note - this is a bit of a rant so please bear with me!
In my complaint letter which was responded to by the lovely ms Watts, I advised that I have written to RBS twice advising that I have a new address and yet they still insist on posting eveything to my previous address (luckily this is my mums house).
Since she has replied to me (without any apologies etc I might add), it would be reasonable to expect that this mistake would at last be rectified. But of course this is the RBS so no I'm still having mail sent to my mums. Which brings me on to my next issue.......
At uni I had a £2000 overdraft with RBS. I continued to use this facility after uni and one day I was issued with £180 worth of charges in a single day for card misuse and for bounced d/ds. I was within my limit so queried with the bank and they advised that as it was 12 months since I finished uni my overdraft facility had been withdrawn! I was really scared as I was up to my limit and didnt have 2k to pay them back. I had never had any written communication from them.
I was in tears in the bank and they eventually agreed to refund the charges and 'kindly' give me a loan to cover the o/d. In my gratefulness and distressed state I would have agreed to sell my kidney to pay them so I signed the agreement and went away feeling that RBS had really looked after me.
But wait......I have repaid this loan back over 3 years I have 4 more payments to make. In total I will have paid back £3,000 on a £2,000 loan!! This is daylight robbery and I really feel they took advantage of me and gave me no option but to sign for this loan.
Anyway, I digress.....
My loan was paid on the 26th of the month. In August 06 I went on maternity Leave and because of the way that dates fell I requested this was changed to the 6th of the month. I was told this would take 2 months (!!!). I said ok whatever and ensured that my OH put the money in my account. I had my baby in October and in November I went into the bank to ask why the date hadn't been changed for my loan as had been 2 months. I was told that it DIDNT take 2 months and could be changed right away. So that's ok. On the 26th November I noticed my loan had been taken out (they had said this might happen as not enough notice to change for that month). I went into the bank to check a payment wouldn't also be taken for the 6th of Dec they said it would be. I advised I was not going to make 2 payments within 2 weeks so she made the next payment payable on 6th Jan.
However...I noticed in February that they again took a 2 payments one on the 1st and one on the 6th. I went into branch and was advised this was because I had missed December payment and they had taken another payment to make up the 'shortfall'. I advised I hadn't it had just effectively been made on the 6th of January (10 days later) as the payment date had been changed. I was then told the payment date should never have been changed. They said it was an error by Head Office and spent 3 days trying to track down the culprit (all the time hanging on to my cash). They couldn't find the person who had done it and eventually they paid me the £85.00 back into my account. In March - same thing happens. I went into branch and argued with the teller for 10 mins whilst she told me I had missed Decembers payment and it is their right to take this payment back without telling me. Eventually she understood I hadn't missed a payment and agreed an error had been made. However by this time I'd opened my 'parachute' account and had moved all d/ds etc. She advised me that my s/o had been canx and so it wouldn't happen again, but that I had to pay my RBS loan from my RBS account. In my naievety I believed her and agreed to set the s/o back up to begin in May so effectively April's payment had been made in March (2payments made) and so I'd be back on track.
BUT NO.....The same thing has happened again and they have charged me £38.00 for the pleasure.
I feel so frustrated I could cry. Also in the letter in states if I do not pay the money in to cover my loan payment within 10 days they will remove the use of my cashcard, so I will be unable to withdraw any money from my account!!!
Re: RBS refusing to give me my statements - HELP!!
It's just occurred to me, how conveniant that they would let me rack up all kinds of charges using my cheque book and card previously. Yet now Im claiming my charges they will 'withdraw the use' of my cash card.
Re: RBS refusing to give me my statements - HELP!!
Fiesty. Always best to put things down on paper. Ok it might take a little longer to resolve, but you then have everything in writing and also it remove the possibility of you getting upset.
Firslty, I would start with opening an official complaint regarding this to your branch. I would try to include as much of the previous incidents as possible (as above) and the main "theme" of the letter should be how their incompetence has lead to numerous payments being missed and charges being accrued. Tell them what date your payment needs to be paid on, tell them that you require written confirmation that ONE payment will be coming out next month and anything else you need done in order to sort this.
I'd also have a check of your credit file to see if they have put any RED dots on it (for missed payments). Obviously if this is their fault you should be looking to have them removed.
If you are in arrears by a month, it might worth your while to request that the loan is extended by a month or two and that the arreas is added to the loan but that is your choice.
Whilst I know somewhere along the line they have mucked things up, the reason why they insisted on you paying two payments in two weeks is because a payment needs to be paid each month, so if you move a direct debit date, it gets moved to that date in the next month so if you have a dd at the end of the month then move it forward to the beginning of the month, you will always have that issue.
Anyway I digress now.....
As for the wrong address, send a seperate letter to your branch and to sandy watts explaining that you have reminded them on several occasions that your address has changed and they still fail to change it.
If you have moved everything out of your RBS account, try not to get too worked up about it - it's not worth it. The account could after all be left to rot whilst you claim your charges, no danger there. If it does however, you have to realise the implications this has on the loan / credit file, so this also would have to be considered as part of your claim.
Lots to think about....
As for your statements, are they inside / outside of the deadline??
If my post has been useful, tip my scales and let me know
Re: RBS refusing to give me my statements - HELP!!
T4FF thanks so much - the voice of reason lol!
Im feeling a lot less angry about it today. I'm going to phone my branch on Tuesday and advise of the situation and as you have suggested request confirmation in writing that this will not happen again (good idea).
Statements well outwith the time. Sandy Watts had written to me on 28th April advising she has ordered them (no mention of their non-compliance with DPA), I will draft a letter today regarding the non-compliance and have a look at the info on site about making a complaint to Information Commissioner.
I knwo this is all just a diversion from the real issue -- getting my money back and I am now focussed back on this.
Thanks for the kind words and advice - you're a love!
I write in reference to my previous letter to you dated 11/04/2007. I would like to begin by expressing my disappointment that you did not acknowledge my complaint, or apologise to me for the poor customer service I have received from the Royal Bank of Scotland thus far.
Despite your standard response advising that my missing bank statements have been ordered (dated 28/04/07), I am still yet to receive said documentation.
Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.
The time for compliance with my request has now expired. If you do not comply fully with my Subject access request within 7 days, I shall apply to the county court for an order to enforce compliance, together with damages at the discretion of the court.
I feel I must also bring to your attention the fact that despite 4 written requests to the Royal Bank of Scotland (including one to yourself), my mail is still being sent to my previous address. I feel that this is a flagrant abuse of the security of my personally information and I ask again that you amend your records.
Re: RBS refusing to give me my statements - HELP!!
lba seems fine. Head over the to the templates library there is also a Non-Compliance template for claiming in court (if needed).
As for your phonecall, as you can see from previous experience, the problem with a phonecall is what is agreed might not necessarily happen. It might be worth writing to them rather than phoning, but it isn't as quick so it's up to you.
If my post has been useful, tip my scales and let me know
Re: RBS refusing to give me my statements - HELP!!
Agreed T4FF. As it is only my RBS loan that comes out of this account I will write to my branch manager I think instead of calling. As you say I can then get something in writing.
The only thing I'm concerned about now is this threat to remove my cash card. I have my Child Tax and Child Benefit paid into this account which is to cover my loan payments. This does leave a bit over which I usually draw out after the 6th when my loan goes out. If they take my cash card away I won't be able to access my own money!
RBS refusing to give me my statements - HELP!!
but I have now been waiting 10 weeks for my bank statements. They sent me 3 years worth then I rang the bank and they told me to put in writing again which I did. 3 weeks later I received nothing so I called them and was told they would order them 2 weeks later I received my statements and............they were the ones I already had!! I have made a complaint to their Head of Complaints and still no response.
Reply With Quote
Re: RBS refusing to give me my statements - HELP!!
Re: RBS refusing to give me my statements - HELP!!
