Hi Guys, what can I say.... came across this site via another well informed site (TMF) and I must say this is a Godsend.

I was at my witsend up until recently wandering whether it was all worth it,

was going to chuck in the towel and offer myself up to the Gods,

each month I work so hard, to keep above water,

only 2 days after payday to be totally depressed again.

Not good if you've got kids and everything else to provide for !!

This site has inspired me, a new lease of life and a sense of purpose.

Sorry if I sound mad, but from what I have read on the forums so far,

me and RBOS have a date, and this time it's them that's gonna get "served",

cause I intend to lay the "biggest" pipe on them for the last three years of hell, that I have been through!!!

Aggresive it seems - but don't worry, I will be patient and measured as it will take time.

If I am successful you will see the biggest, fatest smile on my face for a long time.

I will keep you guys posted on my results.

Remember - make an impression - it does count !!!

Well done. RBS have frequently made my life thoroughly miserable on occasions over the last 8 or 9 years. I just started the whole process as well and feel so much better for it.

Ok - took the bull by the horns and sent of today for my statements.

Paid £10 via postal order so they can't take me over limit in future because I used my cheque book, and charge me for the privilige!!! - I really wouldnt put it past them !!! - sent info to Customer Relations in Edinburgh recorded mail.

I really feel empowered !!!!!

Well done, I just sent mine off yesterday too.

Keep us posted and good luck

Hi Guys, Still have not got any statements, the expiry date of 40 days is Sept 9th. Do I just wait for this date and then issue LBA or do I write again. I have called them and chased them after 14 days. I was informed that it was being processed and that the 40 days started from when the CMS unit received my DPA. Another stalling tactic is supposed !!! - this give them a further 2 weeks, but they say that they have so many requests that they are unable to deal with mine any quicker.

Your thoughts would be appreciated.

hmm, we both sent ours off on the same date, I received mine last week (from Scotland).

So you should get it pretty soon.

I think the best bet is to probably give them the 40 days, on the 40th day if you havn't received it give them a call, and also send them the Non Compliance letter (detailed below, taken from the Templates library).

They do send the statements second class post, so at that stage I would also insist that they are sent first class post to ensure you get them as soon as possible.

Non Compliance letter

Dear Sir/Madam

Account: xxxxxxxx

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

Yours faithfully"

Many thanks for that, I was begining to feel persecuted !!! - just have to stick with the timetable.

Hi Guys,

Since I requested my S.A.R on 1st Aug - sent recorded of course, I still have not received any statements. I put in a call to Mr Mclean 14 days after, he referred me to someone else, I was then informed that they had my request and that the 40 days started from when they would get to it!!??!

Is this right ? - or should I stick to my timetable ? - reading other threads, RBOS tend to be quite quick in dealing with this request, nearly one one and nothing

Anyone else getting delays? - what further steps should be taken ??

Your thoughts greatly appreciated.

From what I've read its your timetable and not theirs.

Cheers for that, I will stick to my 40 days... the more they wriggle, the tighter the rope becomes....

Hi, guys - still no word from RBOS, can you believe this !!! - I think they are playing a waiting game. Anyone else experiencing long delays in getting statements etc??- I can't be the only one ??

I sent my letter to Bank of Scotland on 16th June asking for my statements for the past years. On 30th I had telephone call, who said there was charge of £5 and could he take that from my account. I agred. When I came back from holiday on 15th August, no statements had been receieved. When I telephoned, they said there had been insufficient funds in my account to meet the £5 charge. I referred him to my account and he agreed that it had been paid and that I would receive my statements within the next five working days. They did arrive, but only for last two years, so I sent letter pointimg out that they had contravened legislation by not sending me my statements and extending beyound the 40 days. awaiting the next statements. So far for the last two years thye have made charges of £5292.51

Well finally after constant chasing and empty promises.... still no statements, not even a letter to confirm that they had my request. 40 days are up and my LBA letter is going in the post !! - I think that I have been fair with them, so bring it on !!!!!!!

Flyboy,

have you been dealing with your Branch? If not, then I would start rather rapidly. Most of us get more satisfaction going local rather than going National until just before the MCOL stage. Infact, the best address for your MCOL(assuming you're not in Scotland), is your own Branch. The majority of delays in other people's threads have been due to faffs at Head Office. Keep it local and it seems to get results quicker. Also I'm sure Tommy McLean is just batting people off cos he's fed up with everyone having a go!

Poor pet lamb!

BC:p

The Bank of Scotland have a rule in action in action in Scotland not to reply to letters. But hey I guess with a wee threat o action agin them they might respond.

Flyboy, Your missing the "1st request for repayment" stage, not sure if that matters, but your jumping straight into the Letter Before Action.

As I say, I don't know if that matters, my 14 days are up on Thursday, so I'll be sending off the LBA on Thursday. Keep us posted on what happens so I can prepare myself

Good spot sleepz,

follow the rule and go through the procedure. If you don't need the information then what's the point in asking for it? Flyboy80, you need to go through the Request for Payment (1st approach) first before diving straight in with the LBA.

BC:cool:

Nice one.... got a bit carried away so ...but I will redress, already sent the LBA but will send the Request for Payment tommorow, shouldn't make a difference, should it, can always send the LBA again !!!

This may sound stupid, and I apologise if it has been asked before but, as I do not have any statements so far, what figure is put in the letter - prelim ? Do I base it on the last year that I can obtain online ??

Your thoughts appreciated.

You should wait untill you get your statements.

It wouldn't be a good idea to claim back say £300 from last year, then in a couple of weeks, when you get your statements, up it to £3000 or whatever.

If I was you, i'd hold off, phone your bank and talk to them about it.

Have a copy of the Non-compliance document to hand, so you can quote from it if need be (ie, "Section 7 of the Data Protection Act 1998" etc).

Then also send a copy of the non compliance letter to the bank.

The letter can be found here :

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

I think 'be calm and patient' is the best advice at this stage, you don't want to rush into anything, or get angry and start threatening the bank, if you take it slow, calm and collected your less likely to make any mistakes. I know it's said all over the place but this isn't a "get rich quick scheme", bear in mind the bank will have a highly paid legal team working your request, follow the steps to the letter and they won't have anything to work on, if you start deviating from the course, ie sending an LBA without including what your claiming for, or asking for a refund without telling them what you want refunded ... their legal team will tear you apart and you'll be lucky to come out of it with anything. Sorry if that sounds patronising, were all in the same boat and we should all look out for each other.

Well said Sleepz,

unless you have all of the information to hand you are going to go off half cocked. Just check yourself for a while and go through things systematically. Start with your statements, deal with your Branch in the first instance, you will probably end up dealing with the Assistant Manager, be pleasant cos she only works there!

Make sure you get your information in one sock and then go for the jugular. Don't send the Bank any more letters, you will just end up making yourself look silly and your case will lack comittment.

Keep your chin up!

BC:p

Cheers for the input, I will start again with my local bank, what about any monies already sent to Head office, do I just pay £10 again and claim this back later ?

Hold on guys, unless I have confused the letters LBA, I have already sent to them template 3 which your link suggests !?! - this is the right one I should have sent - right ?

But have you sent Template 1 and 2? What have you asked for. Tell us in simple words what you have done so far. As for your £10, was it a cheque, has it been cashed? If not, call your Branch and cancel it. Deal through your Branch and you should minimise any further problems

BC:p

flyboy,

I can see that the LBA you mention is not the LBA for claiming charges, its the one for non-compliance with the S.A.R - (Subject Access Request). So as far as I can see, you've sent the S.A.R - (Subject Access Request) and received nothing. Your 40 days is up so following that, you've sent the LBA that threatens court action if the information you requested is not received in the next 7 days. Is this correct? I think people are getting mixed up with what you've done as people usually refer to that as the 'S.A.R - (Subject Access Request) non-compliance letter' and the LBA usually refers to the actual claiming of charges.

There are step by step instructions here:

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/20211-newcomer-then-please-feel.html

I don't profess to know everything there is to know about all this as I'm still in early stages myself, but I do know it's really important to stick to the proper order of things, stick to timetables etc.

See also this:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/announcement-center-bankfodder-very-sick.html

As a few wise people told me, keep all the info you find that is relevant or useful on your pc. If you're not sure of anything, ask before you go ahead with it, otherwise like sleepz says 'their legal team will tear you apart and you'll be lucky to come out of it with anything'.

I hope you don't take this the wrong way, I'm not having a go, like I say I'm relatively new to this myself. But I do think its important that we all stick together and follow the 'rules'

PS. Last time I cancelled a cheque it cost £10, BC, so is it worth it?!!