Rbs Account Closed

[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

[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.

[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

[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

[Sparkie1723]

HI mssiah,

 

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

 

sparkie

[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

[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

[Sparkie1723]

Hi mssiah,

 

I would add that you have supplied all the information you have in your possession, in your first request.

 

sparkie