I had a £5000 loan with RBS taken out in 2000,I got into difficulty and started a DMP with CCCS.

Through the DMP i had paid RBS nearly £4000 + what I paid them before going on the DMP and yet last year I had a statement from them saying I owed over £8000.

I decided that I needed to do something about it and sent RBS a SAR,which the 40 days are now up,without any reply.

I'm pretty sure PPI was added to the intitial loan which was just over £1000 which meant I actually borrowed £6000+.

How long should I wait before sending the failed SAR letter.

Valk97

Hi

I’m about to SAR RBS and if they don’t comply within the statutory limit I will them something along ....

The time for compliance with my request expired on the [date] and as a gesture of goodwill I allowed a further 7 days to allow for Bank Holidays & general administrative delays.

Should there be any doubt what my original request was, I have attached a copy of this request.

If you do not comply fully with my Subject Access Request within 14 days, I shall apply to the County Court for an order to enforce compliance, together with legal costs & damages at the discretion of the court.

Yours faithfully

I did this with one creditor and a week later it arrived!

But only threaten court action if you actually mean it. I was.

Did you send the Request via a tracked post method? If so, have you checked the RM website to ensure the letter was delivered.

The fee of £10.00 was it cheque or postal order. If cheque, confirm with your bank that is has been cashed.

If by postal order - you need to telephone : - 01246 542091 - you will need the receipt you were given when you purchased the PO as this will have the ID number on it.

Ask them to confirm if and when the PO was cashed. If it has been, then ask them to confirm in writing - they are usually pretty co-operative and it will add extra proof to whatever you intend to do next

It was sent recorded,which I have proof of delivery.

I did send a Postal Order which I will make the call on Monday to find out if it's been cashed.

Either way I will be sending the failed SAR letter on Monday as well.

Valk97

Excellent, that sounds like a good plan:)

Lack of fee is not a valid reason for not responding to the SAR

£10 is the maximum fee.

If the organisation requires a fee and none is sent, they must respond promptly to ask for the fee

One time when I didn't send the fee and sent a reminder, they responded with the fee excuse. The SAR arrived (free) a few days after I reminded them of the above, suggesting that over 6 weeks was not prompt.

I'd agree 2grumpy, the I.C.O's take on the subject below....... they will [& do] support this position

Wouldn't advocate not sending the fee, but the fee alone does not afford the data controller relief from compliance in a timely manner.

Phil

http://www.ico.gov.uk/for_organisations/data_protection/the_guide/principle_6/access_to_personal_data.aspx

Can I charge a fee for dealing with a subject access request?

Yes, an organisation receiving a subject access request may charge a fee for dealing with it. If you choose to do this, you need not comply with the request until you have received the fee. The maximum fee you can charge is £10. There are different fee structures for organisations that hold health or education records (where the maximum fee is £50, depending on the circumstances).

Although you need not comply with a request until you have received a fee, you cannot ignore a request simply because the individual has not sent a fee. If a fee is payable but has not been sent with the request, you should contact the individual promptly and inform them that they need to pay.

Some organisations choose not to charge a fee. However, once you have started dealing with an individual’s request without asking for a fee, it would be unfair to then demand a fee as a way of extending the period of time you have to respond to the request.

I Sent the failed SAR letter but as we were going away I gave them 14 days to comply. So far I have received nothing. I have a feeling that it was sent by normal post.So today I have resent the letter by recorded delivery giving them 7 days to comply.

I doubt very much that I will get any sort of reply from them, so, the next course of action will be the court.Can someone enlighten me on how to tackle this.

As I said in post 1 , I had this loan in 2000, the PPi was added to the loan, a sum of £1050. The loan was over a period of 5 years. I went through financial issues and had a DMP. Is it possible that RBS renewed the PPI after 5 years in 2005 and again in 2010.

I don't have many statements from them so can't find out.

Valk97

Hi

Just one question...is this account still live or has it now been paid off? If so, when?

No, it's not been paid off.

It was being paid via a DMP, which I cancelled a couple of months ago.I had been paying through the DMP for over 10 years, but in October 2011, RBS sent me a statement showing that I owed over £8000, which was more than the total loan when I first took it out.

Even though the DMP has been cancelled I have not heard a thing from them.

Hi

OK first step is to issue a "Letter Before Action".

This can be basically the same as the "failed SAR" letter but headed "Letter Before Action".

Add/adjust the final paragraph to say that if you do not receive your data with 14 days you will issue in court to force compliance.

I am assuming that the payment of £10 has been cashed and that you know that they have received the previous requests and failed SAR letter.

The SAR request was signed for and I have a copy of the signature, the failed SAR letter that I sent 3 weeks ago giving them 14 days was only sent by normal first class.

I've sent them another one today,headed "letter before action" giving them 7 days.This one was sent by recorded delivery.

I'm not sure if the postal order has been cashed.

Thanks for your input.

Valk97

You can find out from the Post Office of the order has been cashed but if the SAR has been signed for then that should be good enough.

If you get nothing after the 7 day LBA then we can take it from there.

Telephone number below for the Post office. They are really helpful and will send a letter confirming if and when the Postal Order has been cashed. You will need the receipt you received for the PO when you purchased it, there is an ID number on it.

01246 542091

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**&highlight=SUCCESS

Successful claim against a bank for non compliance

valk97

If you intend to pursue the matter please keep the thread updated.

I can supply Greens current service agreed defence to section 7 claims, and they have the neck to accuse cag of template defences, lol

Phil

Back from my holiday now and still nothing from RBS.

The debt was being paid via a DMP which has now been cancelled and was being paid to Allied International Credit.

I have recieved a letter from AIC saying that they have not recieved a payment and I need to contact them to make another arragement to pay.

Seems to me that RBS want to play hardball.

As RBS have now had two failed SAR letters what would be the next step.

Thanks in advance

Valk97

Might be worth waiting to Mike Hawk to pop in - it would appear he has some information that might be useful see post # 16.

The choice however is yours. If you have proof that it has been delivered, your postal order/cheque cashed and they have not provided the data.. then you have 2 choices. ICO long winded and toothless or issue a claim. !

If you are going to issue a claim then you will need to send the Letter Before Action as advised earlier by ims21.

Hi Valk

Could you confirm the RBS address you used for SAR

I sent them a letter before action on the 27th July.

I've tried several times to contact the Postal Order number but just get a recorded message.

The address I used was

36 St Andrews Square

Edinburgh

EH2 2YB

Nothing wrong with the address but it would be handy to have confirmation that the po was cashed.

I'd give it one last try to the following e-mail addresses before considering your options with court and/or the I.C.O

I'm sure it will encourage them to respond

Phil

_______________________________-

Tudor, Joyce \(Retail Compliance, UK Retail\) [email protected]

Joyce Tudor 0131 626 1669 or Margaret Mackenzie 0131 6260 734

Copy also to this one:

From: Stewart, Gary (RBS Secretariat) [email protected]

07826 xxxxxxx

......... and this one:

Rebecca Brodie

Business Manager to the Head of RBS Secretariat

0131 626 4221 ([email protected])

...........and this one:

From: Mcclure, Iain \(Group Customer Relations\)

RBS Group Executive Office

Group Customer Relations

Tel: 0131 626 6732 | Fax: 0131 626 3195

Thanks Mike

Should I keep the email brief and to the point or should I go into detail.

Valk97

Hi,

I wanted to check if the postal order I sent with a SAR had been cashed the number

 

01246 542 091 is no longer available it is now 08457 22 33 44 keep going until you get to option 5

Apparently there is a new number for checking up on the postal orders.