Just for your info - after a lenghty battle with rbs I ended up with all my statements back to 1989. They do have the information........

If any one wants the final letter which worked PM me....

To PM you would be a breech of site rules, but please post the letter on the open forum or to site team who may be able to post it in the Templates section of the forum. Very Good information there.

I got all my statements going back even further than 1989.

How?

Complained to the ICO

The ICO told them to jump and they asked "How high?"

Got nowhere with RBS when I did SAR.. only got statements and after complaining this very strange reply which I still do not understand to be honest - or understand their reasons for sending it....

Data Protection Act - Subject Access Request

Thank you for your letter....etc.. please find enclosed:

1. Copy statements enclosed

2. Under the terms of the Data Protection we are not obliged to disclose information in the following circumstance;

35. Disclosures required by law or made in conncetion with legal proceedings etc

(1} Personal data are exempt fro the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

(2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary -

(a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or is otherwise necessary for the purposes of establishing, exercising or defending legal rights

3. Manual intervention

When items are presented for payment and covering funds are not available, manual intervention does not normally take place. However, if it does, it is part of a routine procedure and we are not required to make any record or note of the action that was adopted. therefore, no notes relating to manual intervention would exist.

and this

we have been unable to provide you with a copy of the original application, as this is no longer on our file. I would refer you to the contents of our letter dated ..... from......... This explains we have met our obligations under s&* (1) to provide a copy of the executed agreement and that we are satisfied that what was provided complied with the Regulations expressly made for controlling what is a 'true copy'.

Sounds like b*****s to me

I think they are saying that they don't have to supply more than statements because they think you are taking legal action against them,.

Don't remember seeing that in the DPA

(1} Personal data are exempt fro the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

There are certain instances where personal data is exempt from being disclosed, such as National Security, Crime, Health, Education, Social Security etc. What Section 35 means is that a court can order disclosure of data that would otherwise be exempt.

This has absolutely nothing to do with bank charges whatsoever. They are trying to blind you with science

Got nowhere with RBS when I did S.A.R - (Subject Access Request).. only got statements and after complaining this very strange reply which I still do not understand to be honest - or understand their reasons for sending it....

 

 

we have been unable to provide you with a copy of the original application, as this is no longer on our file. I would refer you to the contents of our letter dated ..... from......... This explains we have met our obligations under s&* (1) to provide a copy of the executed agreement and that we are satisfied that what was provided complied with the Regulations expressly made for controlling what is a 'true copy'.

In effect they are saying that we have no signed original agreement but we have recreated one for you under a different legislation.

Yep, have to agree with Michael Brown they are trying to hide behind a misinterpretation of the DPA.

You are legally entitled to the manual intervention information, but you won't get it out of RBS. I've had the sheets from another institution (Citi) and they clearly show that penalty charges such as "late payment" and "over the limit" fee's are entirely automated thus costing them next to nothing.... of course they aren't going to give prospective claimants that kind of evidence.

do I ahve to be specific when complaining to ICO about RBS breaching the Data protection Act or can I just quote the response from RBS and 'hope' that the ICO will realise which part of law that will protect / support me?

It's a bit difficult making a complaint when i don't have a particular reference / clause to refer to whcih counters RBS's comments......... does that make sense?

Any suggestions on a reply to RBS in the meantime to shake them up a bit? I know many people say not to bother but I think if I can show I'm perservering then the ICO will actually be more sympathetic to the numerous attempts I have amde and hopefully be peeved off with RBS for their obstruction?

I have statements off RBS going back to 1987 .....after a big fight over statements.

sparkie