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T4FF vs RBoS2 - **WON**


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Set up a new thread for my second account with RBS.

 

Sent a Data Protection Act letter 01/09/06 requesting statements for 2 accounts held with RBS. Received statements for first account promptly, the 2nd account (this one) I'm having problems with.......

 

No mention of the second account when my statements came through, so I sent a little reminder to RBS

 

I wish to confirm receipt of 6 years worth of statements for account number ######## on the 9th September. I would like to draw to your attention however, to the fact that my previous correspondence requested information on both ######## and ########. As there was no correspondence with the statements you sent, I do not know if the statements relating to ######## will be arriving shortly or whether they have been overlooked.

I would therefore like to remind you that I require a complete list of transactions and charges for ########. A complete set of statements will be acceptable.

 

Had a response back yesterday

 

I write to you with regards to your letter dated the 21/09 requesting a complete list of transactions and charges applied to your account under the Data Protection Act 1998.

From the information you have provided, it is not possible to trace the account you requested. RBS uses only numeric code for the indentification of accounts and without an account number and sort code we have no way of locating a closed or open account. I am sure you understand that from the number of accounts held by the bank, it would be an impossible task to research records using the details you have supplied.

Therefore, please inform us of your sort code or branch name and account number for your closed account.

 

Whilst I did provide accounts numbers, I didn't provide sort codes as I'm still with the bank (though this account is now closed). Don't believe this is anything more than delaying tactics on the back of me not supplying a sortcode. But I don't believe for one minute they couldn't find it with a bit of intelligence.

 

Learnt the hard way that I must provide every single bit of information I can..........

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Response sent back to RBS today...

Dear xxxx,

ACCOUNT NUMBERS: xxxxxxxx

I write to you with regards to your letter dated xxxx requesting further info regarding my closed account.

I’m a little confused as to why the details I provided were insufficient as my previous letter stated on 3 occasions that my account number was xxxxxxxx. That coupled with my address, surname, or for that matter the current account that I still have open should surely have been enough to locate the account you are having problems finding?

In any case, the account number is as stated on the previous letter – xxxxxxxx and the sort code and branch is that of my current branch – [branch name] xx-xx-xx.

I trust this is sufficient to fulfil my request.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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  • 3 weeks later...

Now been a total of 49 days since I sent my DPA request to RBS and they still haven't sent me any statements. I have therefore sent them a further letter today outlining my intentions. Ok, I know I'm being a bit soft here, but they have provided statements for my other account so I'm going to give them the benefit of the doubt. They have a week and counting!!

 

Further to our recent correspondence, I am writing to inform you that I have not, as of today, received any information regarding the above account. The DPA request was originally placed with yourselves on xxxx and therefore the statutory 40 days in which you are required to comply has been and gone without this request being fulfilled.

This letter has been sent first class recorded delivery and should therefore reach you by xxxx. As gesture of goodwill, I will allow a further 7 days for you to comply with this request. If however, I do not receive the requested information by xxxx, I will be forced into making an official complaint to the Information Commissioner and the FSA.

To clarify my original request…

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements will be acceptable.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I would be happy to collect the Data from my local RBS branch.

I also wish to clarify that the account details for this account…

Account Number: xxxx

Sort Code: xxxx

Address: As above

I trust this information should be sufficient to fulfil my request.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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That is terrible!

I phoned my branch initially and asked for statements from specific dates and they arrived within a week, maybe try this one?

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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I'll see what response I get from this letter. Tbh, it's just as much my fault - I've been so hell bent on getting RBoS1 sorted I've not paid much attention to the days ticking by on this one.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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RBoS have sent me an acknowledgement letter apologising, and confirming that I will receive my statements shortly.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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FINALLY had my statements!!!

 

Now to get counting.....

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Prelim going today..........

Request for repayment of charges

 

Dear Sir/Madam,

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years. I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you believe that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your actual costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your repeated representations - that your charges are fair and reasonable - are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £xxx in total. I enclose a schedule of the charges which I am claiming with this letter. I have taken into account within the listed charges agreed charges on the account, which include any overdraft loanguard charges and the royalties charges on the account at that time. These have been deducted from my totals.

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yourselves with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully,

 

 

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Thanks in part to my settlement of RBoS1, I have already been offered full settlement of RBoS2! Received a letter in the post yesterday offering the full whack which I will of course be accepting.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Great to hear it.

Not a typical move by Cobbetts by any means.

I suspect this decision will have come from the bank itself.:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

Vicki, highly likely someone can help.

 

Go to the area of the forum that relates to your bank, set up your own post and detail your situation and any questions you have and someone will respond.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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  • 6 months later...

In response to your post and your email, yours is slightly different to mine in that I didn't start on the second account until after I won the first account. By fastracking all I did was send the letter in the first post above saying you've already paid out on one, I know you're good for it so pay up.

 

Just wanted to point out another observation from your email. As you have two claims going on at present, I would be very careful with the offer you have had as they may try to trick you into accepting this as payment for both claims. Be very careful with their wording and don't sign their acceptance form, write out your own with a similar line to my acceptance form in T4FF vs RBOS1. Make it very clear you are accepting it as payment for your first claim not both and you will be proceeding with the second one in due course.

 

 

I haven't got access to email in work hence why I haven't responded - read it briefly last night. I would suggest though that you keep your questions within the forum due to the sensitive nature of your questions. It also covers my back as any advice I give is recorded.

 

Good luck with your claims ;)

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Hey T4FF great to see you back, was worried we hadn't heard from you a while back. Then I went and did a disappearing act myself for a while (small matter of my own wedding to organise in August!)

 

I'm hoping that you and similar legends on this site might help me with some advice with the next step - could you catch up with my thread in RBS when you have a minute?

 

Well done on your success.

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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Thanks for your resonse T4FF. It seems as though you have quite a fan club!

Please could you have a look at the drafted letter as a response to the bank and see if it seems ok?

Thanks

Jack

Thank you for your letter dated xxxxxxxxxxxxxx. I wish to accept your offer of settlement on the above account. This will be on the basis of a full and final settlement of my complaint on the above account only.

 

 

I am still currently in the process of awaiting a response from yourselves regarding reference xxxxxxxxxxxxx, this complaint was acknowledged by yourselves on xxxxxxxx.

I would appreciate a consistent speedy response on that equal matter as soon as possible to avoid any further action.

To clarify my position, I am accepting this first offer as payment for my first claim and not both as I will be proceeding with the second one in due course. I require repayment in full of this second claim also. If you do not comply fully within 14 days from the date of this letter then I shall begin a claim against you for the full amount plus interest and plus my costs and without further notice.

Finally, to assist me with my unfortunate financial commitments as a result of these charges, I would like to ask that you transfer the funds to the following bank account:

A.N. Other Bank

Address

xxxxxx

xxxxxx

Account Number: xxxxxxxxx Sort Code: xxxxxxxxxxxxxx

Alternatively a cheque will suffice.

 

Yours faithfully,

 

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Jack looks great, would make some minor changes.

 

...accepting this offer as payment for my first claim, not both. I require repayment of my second claim in full - a total of £[AMOUNT]. If you do not comply fully......without further notice. I have supplied a list of all charges and interest applied to the second account for your reference. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of [date].

 

 

Just a couple of grammatical changes and just removing some irrelevant sentances (IMO). Also added that you are supplying your spreadsheet again - worth sending just so they have no doubt as to what you are referring to.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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I don't think it's cheeky, but I do think it's a waste of time :D

 

I would probably seek payment by cheque, but I don't think they are going to entertain a request to transfer it to another account.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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  • 2 weeks later...

Had my reply...

 

Thank you for your correspondence received here on 18/06/07 relating to your claim for a refund of charges applied to your account.

Unfortunately, due to the outstanding debt on open account number xxxxxxxx I am unable to comply with your request for payment to be made into another account. If you wish to proceed with your acceptance and have the funds transferred to this account then please confirm to us in writing.

Please do not hesitate to contact me if I can be of further assistance.

Yours sincerely.....

 

 

The outstanding debt is an agreed overdraft.

 

Should I just have it transferred and hope they don't try and cancel my overdraft? Or should I request a cheque?

 

Also, they haven't acknowledged my other claim in this correspondance.

 

Any suggestions as to how I should reply?

 

Thanks

 

Jack

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