Rbs Account Closed

[rory32]

Is it possible for me to get the default removed.

Yes but it is unlikely that it will be removed unless you file at court. You also need to get the CRA involved in any action as they usually buckle far easier than the creditor, so you need to start making an official complaint to the CRA regarding the default on your credit file. That way you can include them in any court action if/when they fail to remove the default.

[maroondevo52]

Thanks, Rory.

[mssiah]

So I guess I have to send a correction note to the CRA informing them that the bank never have had my consent to proccess my data and there has never been any credit agreement between us ,please is there a template for this.

 

Can I file a court claim while waiting for my SAR request and please I will also need guidance on how to file the court clam and also complaining to ICO.I guess the court claim will be for Breach of DPA since the bank has never had my consent to send information to CRA.The consent only applies to a credit agreement

[rory32]

Can I file a court claim while waiting for my S.A.R - (Subject Access Request) request

I certainly wouldn't advise it. You need to be seen as reasonable by the court and exploring all other avenues before going to court.

I guess the court claim will be for Breach of Data Protection Act since the bank has never had my consent to send information to CRA

No. The claim will be for the information being inaccurate.

[mssiah]

Thanks,I will go through the financial ombudsmans first and will notify the CRA that the entry is being disputed on the grounds that the information is inaccurate and I never had a credit agreement with the bank

[mssiah]

Hi all,

 

I have received a copy of SAR request and its incomplete,they have refused to provide a copy of the Default notice,Terms and condition of the account and the life insurance policy.

 

Please can someone help me with a draft,so I can inform them that the information is incomplete.Your response will be highly appreciated.

[maroondevo52]

Hi, mssiah.

 

Here's the templates

 

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

 

 

 

You should find one to suit.

 

 

Regards.

 

Scott.

[mssiah]

Hi all,

 

I am in need of a little advise here,I received a response from RBS as regards my DPA request.

 

The first information was incomplete and so I responded back to the Bank informing them that the DPA request has not been satisfied.

 

The bank has refused to send copies of original signed agreements,default notice,life insurance policy.etc.

 

I needed these documents to add to my court bundle and now they have replied with the below statement.

 

The response now has been sent to me by the REGULATORY RISK OFFICE.

 

The response goes.

 

Within the body of your letter you asked for original signed agreements,default notice,copy of application for royalties Gold account made in 2005.In this case we have been unable to locate any of this data.If you feel that the Bank should have copies of the above please advise of the policy documents numbers..

 

THEY HAVE REFUSED TO PROVIDE THE REQUESTED DOCUMENTS.KINDLY ADVISE.

[Sparkie1723]

Unde your S.A.R - (Subject Access Request) they are obliged to supply you with all the information about you ...if you have received some but not others that means they have made saecrhes for them ....therefore it can be reasonably assumed that they haven't got them.......that will enhance your claim as if they try to say they have them in their disclosure of documents that would be taken as with holding them which could lead to a civil fraud allegation ...concealment of documents ....let me know if they do any of this ...if you read my post..which is a long one you will see I am claiming fraud ..by them concealing documents.....I'll help you as much as I possibly can on this as it is right up my street with RBS they are liars to say the least.

 

sparkie

[maroondevo52]

Here's the thread

 

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/56333-big-claim-aginst-rbos.html

 

 

Regards.

 

Scott.

[mssiah]

Thanks am now studying the thread and also looking at all documentation so far.

 

I guess I have to send an LBA to the bank.

 

The bank registered a default notice ,when there has never been any credit agreement and I needed the disclosure to substantiate my claim against the bank.It is clear that they do not intend to release the requested documents.

 

I received a confirmation for my DPA request on the 16th April 2008 and I believe I need to write an LBA to the bank.

 

Please can someone help with a draft copy of letter to send to the bank

[Sparkie1723]

Hi mssiah,

Write something like this.....If you would like more assitance in the drafting please don't hesitate to ask

 

sparkie

Dear Sir/Madame,

 

I write to you regarding the failure of your data controller to supply all relevant information that you are required to supply me by law.

 

I refer you to the letter attached received from your data controller requesting that I list the documents I require you to supply.

 

May I remind you under an S.A.R - (Subject Access Request) request I am not obliged to do this, this only applies to automated processing of such data. The documents I require are not automated processed items

 

I have requested copies of all documents held by RBS that relate to me (state here again agreements policies etc etc) which under the Data Protection Act and your Banks stated policy you are obliged to keep for six years period minimum.

I hereby give notice that unless these documents are supplied or a confirmation signed by a Senior representative of the RBS, to the effect that no such records are held, I intend to apply to the court for an order to be made under CPR31.16, Pre-action disclosure, for you to supply the stated documents.

[mssiah]

Thanks very much.I am currently reviewing all document.Like I said the disclosure is need because of a default entry that was put into my credit file.I had a key acct with RBS and In the year 2005 I applied for a royalties Gold acct and somehow the manager sold a life insurance policy to me.I travelled abroad and came back only to find out that I was not given the royalties gold acct but the monthly premium for a life insurance policy has been applied on my key account .

 

This resulted in my acct being overdrawn and penalty charges of 38 pounds being levied on me acct.I have done a CCA and the bank has informed me that there is no credit agreement.I have asked a copy of the default notice and all original agreements with the bank so I can include in my court bundle.

 

I am presently reviewing all copies.I want to ask a quick question is the draft letter to be addressed to the credit management or regulatory risk business house B.

[Sparkie1723]

mssiah.

 

From the little bits I have gleaned from your thread, the way I see it so far ( Imay be wrong) but ....if RBS can not supply copies of agreements banking contracts etc, as proof of the "alleged" debt then, by entering the default on your credit file and failure to remove it means that they are libelling you and that is also true about the CRA's ...both are committing libel against you.

 

You should also write to the CRA's staing that RBS have entered false information on your file and unless they remove it immediately and say within 48 hrs you will sue them for Libel in the COunty Court....Libel action can be taken in County Courts now and has been made available to us "common" people as some snobs call us ....Libel action is no longer for the Rich & Famous only..

 

 

sparkie

[mssiah]

WITH REFERENCE TO THE BELOW LETTER .DO I HAVE TO PUT A TIME FRAME.LIKE 7 OR 14 DAYS.KINDLY ADVISE

Dear Sir/Madame,

 

I write to you regarding the failure of your data controller to supply all relevant information that you are required to supply me by law.

 

I refer you to the letter attached received from your data controller requesting that I list the documents I require you to supply.

 

May I remind you under an S.A.R - (Subject Access Request) request I am not obliged to do this, this only applies to automated processing of such data. The documents I require are not automated processed items

 

I have requested copies of all documents held by RBS that relate to me (state here again agreements policies etc etc) which under the Data Protection Act and your Banks stated policy you are obliged to keep for six years period minimum.

I hereby give notice that unless these documents are supplied or a confirmation signed by a Senior representative of the RBS, to the effect that no such records are held, I intend to apply to the court for an order to be made under CPR31.16, Pre-action disclosure, for you to supply the stated documents.

[Sparkie1723]

WITH REFERENCE TO THE BELOW LETTER .DO I HAVE TO PUT A TIME FRAME.LIKE 7 OR 14 DAYS.KINDLY ADVISE

 

Dear Sir/Madame,

 

I write to you regarding the failure of your data controller to supply all relevant information that you are required to supply me by law.

 

I refer you to the letter attached received from your data controller requesting that I list the documents I require you to supply.

 

May I remind you under an S.A.R - (Subject Access Request) request I am not obliged to do this, this only applies to automated processing of such data. The documents I require are not automated processed items

 

I have requested copies of all documents held by RBS that relate to me (state here again agreements policies etc etc) which under the Data Protection Act and your Banks stated policy you are obliged to keep for six years period minimum.

I hereby give notice that unless these documents are supplied or a confirmation signed by a Senior representative of the RBS, to the effect that no such records are held, I intend to apply to the court for an order to be made under CPR31.16, Pre-action disclosure, for you to supply the stated documents.

 

Yes I would give them 14 daysmaximum under the circumstances as you have already been in correspondence over the issues.

 

sparkie

[mssiah]

Hi Sparkie

 

Thanks a lot.Please can you type a draft copy of letter to send to the CRA.

 

This will be appreciated.I am an Engineering graduate and some of the jargons are new to me.But I am picking up fast.

 

mssiah.

 

From the little bits I have gleaned from your thread, the way I see it so far ( Imay be wrong) but ....if RBS can not supply copies of agreements banking contracts etc, as proof of the "alleged" debt then, by entering the default on your credit file and failure to remove it means that they are libelling you and that is also true about the CRA's ...both are committing libel against you.

 

You should also write to the CRA's staing that RBS have entered false information on your file and unless they remove it immediately and say within 48 hrs you will sue them for Libel in the COunty Court....Libel action can be taken in County Courts now and has been made available to us "common" people as some snobs call us ....Libel action is no longer for the Rich & Famous only..

[Sparkie1723]

HI mssiah,

 

Will do that over the next day or so if that is OK??

 

sparkie

[mssiah]

yes,thanks a lot

[Sparkie1723]

HI Mssiah,

 

Here's your letter

sparkie

 

To

The Directors Office

Experian Consumer Compliance

PO Box 8000

Nottingham

NG80 7WF.

 

Dear Sir(s).

 

I write with regard to a default entry that has been entered and maintained on my credit file by the Royal Bank of Scotland Group Ltd. ( RBS)

Having submitted a Subject Data Access Request to the RBS, and now having received that data, I now make this demand to Experian.

 

As the data received from RBS contains no record of any Banking contract or any agreement in force with RBS, nor any signed data protection act consent for RBS to process data about me, nor a copy of any fair processing notice, I submit that Experian are in breach of the First, Third, Fourth, & Fifth Principles of the afore said Act, as are the RBS.

 

I say this for reason Experian have surely failed to ensure that RBS had;

1….Fulfilled the conditions required for processing data under the First Principle of the Data Protection Act 1998. That is to say

a)….Failed to ensure RBS had my signed consent,and,

b)….Failed to ensure RBS had a legitimate reason for processing my personal data.

 

As no contract exists between RBS and myself as RBS have failed to supply any record of such, the legitimate reason cannot be relied on as a data subject must be given the opportunity to agree or object ( “the fair processing notice”), I was therefore never given the oportunity as stated in the Data Protection Act, appertaining to the "legitimate reason".

Quote " The legitimate rights of the data subject override the rights of the data controller"

 

It therefore follows that Experian are in breach of all the afore stated Principles, as well as the Libel Act, they are also in breach of the Guidelines issued by the Information Commissioner on data sharing.

 

I therefore give Experian warning that unless this false incorrect detrimental damaging data, is not removed from my credit file immediately, I shall instigate proceedings in the County Court for Libel and Defamation against Experian.

 

You may or not be aware that Libel action is now accepted in County Courts and is no longer a law for the rich and famous, or those with “deep pockets” my claim will be issued on the small claims track.

 

I will not accept your standard template letters stating that you will place a notice of dispute on my file, as this just prolongs the time the damage continues, by the incorrect default showing on my file, nothing less than the complete immediate removal will be accepted.

 

By failing to ensure that RBS fulfilled the conditions required to lawfully process data and to comply with the contract they have with Experian, I submit Experian have failed in their duty they are bound to proffer to me, and have been negligent in the performance of that duty.

 

I await notification that you have complied with my demand within 5 working days.

 

I reserve the right to produce this letter in any court action I should take against Experian in regard to any Libel Claim for Defamation which is able to be included under a Data Protection action.

 

The Information Commissioners Office Legal Guidance warns data controllers to be well aware of this issue.

 

Yours sincerely

 

Just added some bits and pieces mssiah

 

Write the same letter to Equifax

To

Equifax Plc

PO Box 1140

Bradford

BD1 5US

 

FOR THE URGENT ATTENTION of JOANNE M. BURNLEY

COMPLIANCE AUDITOR.

 

Dear Joanne Burnley,

Edited May 24, 2008 by Sparkie1723
Addition to letter

[mssiah]

Thanks sparkie,the letters has been dispatched by special delivery

[mssiah]

I received letter from the Bank today,from regulatory risk.

Thank you for your letter .I would like to advise you we have sent out any information we have been able to locate with the details you have provided.I understand from your letter that you feel that the bank have not provided you with all information you believe we hold and I would like to reiterate that we need further information from yourself to be able to locate further data as the bank uses numeric codes to locate data regarding our customers.On receipt of this we will give this our utmost priority.

I have enclosed documentation from the information commissioners website regarding subject access request confirming the above.

If you have any problems please do no hesitate to contact me at the above the address shown.

This is annoying.I clearly stated that I want the original signed agreement,default notice,life insurance policy,original signed agreement etc. and the 40days has now elapsed.I also note the letter has been carefully worded.

can someone please comment.

[Sparkie1723]

The letter is probably signed by Joyce E Tudor or Jessica Mathews, this is another stall tactic that RBS use what it basically means is that they have either lost the documents or destroyed them, and they want as much information from you to enable them to "make up" an agreement, another trick RBS use.

Ring Joyce E Tudor up and follow with a letter referring to the Data Protection Act tell her you have supplied all the information you can and to widen their searches for the data and if they can't find them then... they have lost them!! and they will be in breach of the Seventh Principle of the DPA, IF they have got them they'll supply them then!!!

 

sparkie

[mssiah]

Hi sparkie the letter is from joyce.in the correspondence the only contact number is a fax number.I intend to send the below letter.

Dear Sir/Madam

 

I clearly indicated a list of document in my original request,for avoidance of doubt I am stating this again.

 

 

1) ORIGINAL SIGNED AGREEMENT

2) DEFAULT NOTICE

3) DOCUMENTATION OF ALL CONTRACT THAT HAVE EXISTED BETWEEN THE BANK AND I

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

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 without any further notice, together with damages at the discretion of the court.

 

.

.

[Michael Browne]

Joyce Tudor: 0131 626 1165