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RBS refusing to give me my statements - HELP!!


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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.

 

Please help!!

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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.

 

sparkie1723

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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.....

 

Thanks again

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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.

 

sparkie1723

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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 ;)

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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??

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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.

 

sparkie1723

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Guest ChloeJane

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.

 

The template letter is here -

 

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

 

That should have you back in the drivers seat.

 

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!

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=6

 

CJ

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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

 

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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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.

 

Thanks all.

 

Don't let the bas****s grind you down xx

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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

 

sparkie1723

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Well the good old RBS strikes again!!!

 

Grrrr.... am so mad:-x

 

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!!!

 

And still no bank statments.

 

RANT OVER. off for a lie down and a quiet weep.

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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.

 

Bitter moi? Yep.

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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??

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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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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!

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Ok - as the saying goes - 'don't get mad get even'.

I have drafted my non-compliance letter. Any thoughts please?

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

Dear Ms. Watt

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.

 

Yours faithfully,

 

 

 

Fiestychick

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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

 

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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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!

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Well it really does depend on how desperately you need this money.

 

Really speaking, if you turn this into THEIR fault, they can hardly take your cards off you. That said if they did, you could still draw the money over the counter.

 

If however, that isn't convenient, then you could always have the benefits paid in to your parachute and pay the money in to pay your loan but that could get tricky.

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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Quick update. Feeling very happy. Have posted my complaint to bank re mess with loan paymenst and my LBA for non-compliance. They probably make boring reading but I felt great typing them!:lol::smile:

LETTER BEFORE ACTION

 

 

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

Dear Ms. Watt

 

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.

 

Yours faithfully,

 

 

 

 

 

Dear Madam

 

I write in reference to your recent letter dated 4th May 2007, in which you advised that I had ‘insufficient funds’ in my account to cover my loan payment of £84.17.

 

I would draw your attention to the fact that this was due to RBS seeing fit to remove an extra loan payment from my account on the same day.

 

If you recall I discussed this issue with you directly in February when a loan payment was taken from my account within days of a payment for the same amount being withdrawn under the code ‘IBP’. You explained that this was an ‘Inter Branch Payment’ and was to cover my ‘loan shortfall’.

 

We discussed this at length and I explained to you the following:

 

In August I came into branch and advised that I was now on Maternity Leave and due to a change in payment dates I requested that my loan payment date was changed from the 27th of the month to the 6th of the month. Your colleague advised me that this would take two months. I agreed (as I had no other option).

 

In November I came into branch again to discuss the payment I had missed on the loan in October. I explained that I had intended to pay cash in to cover the loan payment but was taken into hospital to have my baby and so was unable to do so. You will see from my file that this is the only loan payment I have ever missed. I spoke to another colleague who kindly agreed to refund the charge in light of the circumstances. I asked why my payment date hadn’t been amended as it had been two months. She advised that it didn’t take two months, this was a mistake on the other tellers’ part, and she could in fact change the date there and then, which she did.

 

However, a payment was then taken on the 27th November (presumably due to notice period required to make the change). I came into branch and checked that another payment was not due to leave my account 9 days later on the 6th. I was advised it was but this could be postponed to the following month.

 

As you are aware in February this issue regarding a ‘loan shortfall’ cropped up. When I discussed it with you, you agreed that an error had been made in Head Office and indeed spent some time trying to reach the culprit to discuss this with them. You were eventually unable to do so and so refunded m account with the £84.17, which had been taken in error.

 

Unfortunately in March this situation occurred again. I again came into branch to discuss this with your colleague who agreed that another error had been made. She advised she would look into this. However, by this point I had moved direct debits from my RBS account elsewhere and was due to pay my loan from another account. She advised me to set the standing order back up through my RBS account to begin again in May and the problem would rectify itself.

 

I am extremely upset to discover that yet again RBS has taken an extra payment from my account. I am also disgusted with the intimidatory nature of your letter dated 4th May, which advises that if I do not rectify my account within 10 days you will withdraw the use of my cash card! I would hope that this is not a retaliatory tactic by RBS in light of my plan to reclaim my bank charges.

 

I ask that you look into this matter immediately and provide a written response, which confirms that

 

1. all charges levied against my account because of this are refunded back to me

2. any defaults against me due to ‘missed’ loan payments are expunged from my record

3. this will not occur again.

 

I’m sure you can appreciate that I am now extremely frustrated with the situation and if this matter is not resolved within the next 14 days I will seek remedy from the Financial Ombudsman.

 

Yours Faithfully

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Great letters although bear in mind that you may need to give them 8 weeks to resolve the second complaint in line with FSA regulations. I'm not sure, but might have 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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