RBS deny DPA breach but ICO says otherwise - help pls

[D&M-GIANTKILLERS]

Hello all.

This CAG site is so massive i been in the wrong section for ages. My post isin the bank charges reclaiming bit but maybe i should have been in this DPA section :)

 

my problem has been going on for over 3 years now.

if any1's interested here is the link to my story but i warn you it is long.

 

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/155111-credit-damage-im-about.html

 

not sure if the link will work, or is allowed.

 

Anyway, I have had the Information Commissioner look at my complaint and we have had his response (Nov07) that RBS have breached the act and we can take them to court under section 13 blah blah, blah.

 

We have done that and its been very messy for us so far and continues to be. The RBS have responded to the courts, and to my claim, that not only have they not breached the Act but they have absolutely no knowledge of the ICO investigation/result!!

 

I have about two weeks to respond to the courts, and of course part of my response will include the ICO letter as evidence.

 

I have also written to the ICO to ask him why, or if they have informed RBS of the situation he informed me of last year.

 

Does anyone know why RBS would deny all knowledge of the ICO's involvement?

 

The other thing is, if any1 reads my other thread you'll know, the credit damage we have suffered has come as a direct result of their application of bank charges so does any1 know if my situation has changed now that the OFT case has finished, forgetting about the appeal as the last ruling stands unles the appeal changes things, i believe.

 

any info would be appreciated, thanks.

 

D&M

[D&M-GIANTKILLERS]

Well, the CAG are a really, really wondeful bunch of people who's invaluable support means more to me and my family than anything.

 

My Case is about the fact that my wife and i are seriously damaged due to RBS bank charges. We have had our credit files completely screwed up by the errors of this bank and its application of charges and credit references.

 

There used to be a Page in the NEWS section of the CAG in which Marc Gander, the founder of CAG, talks about the fact that people are damaged on their credit files by the application of bank charges.

 

We have been seriously damaged in this way and had our lives screwed up. The bank has in the past admitted in writing that they were wrong to apply these charges. THE Information Commissioner has told us that the bank is in breach of the Data Protection Act.

 

We are trying our hardest to get them in court over this but so far we have been going 3 years.

 

Just this week recieved a case allocation questionaire though so things could be moving.

 

a big CHEERS to all CAG

Edited January 24, 2009 by D&M-GIANTKILLERS
spelling

[underdog13]

Hi D&M,

I've only just found your thread. I'm sorry I can't offer any advice; I don't have any expertise in this area.

 

I do have experience of RBS though (unfortunately): they are an utterly vile company. Wishing you the very best of luck in your endeavours.

 

I'm at a loss to explain why no-one has answered your threads - this is unusual. If you click on the red triangle, this will bring your post to the attention of the site team.

Edited January 21, 2009 by underdog13

[D&M-GIANTKILLERS]

Wonderful Underdog, very kind of you.

 

That means a great deal to us.

 

You are right about your opinion of RBS. They are not very nice.

 

They hired 4 firms of solicitors at once against my wife and I, despite their knowledge of rules which say joint account holders are to be treated as one in any legal proceedings.

 

They did this purely to increase our legal costs in the hope that we would be unable continue our action against them.

 

That did not work for them as we continued. So then they ahem my solicitor!!

 

Although i know this sounds unbelievable, i have complaints in with the SRA about my solicitor and the Bar Standards Board about the barrister. The BSB have just told me that my complaint is going to the 2nd stage of their complaints process, which means that the BSB complaints Commissioner thinks that there is evidence of serious misconduct. The BSB complaints committee will be looking at the complaint at the end of January.

 

I have told the FSA but all they say is, "We will pass this information on to the team respopnsible for RBS"

 

When i told the FSA that the RBS rule breaking has increased my legal costs and put undue pressure on us, they said the Financial Services and MArketing Act prevents them from disclosing anything. They too are corrupt.

 

This is also utter crap and an example of how the FSAs relationship with the banks are questionable and wants to protect them, and only acts on things if millions of people complain at once, such as the bank charges reclaim case.

 

The FSMA only prevents the FSA from disclosing things about a firm because, if the firm is found to be innocent of the complaint/charges then just being involved can be damaging to the firm.

 

in our case though, the RBS has alredy been shown to have breached the Data Protection Act by the Information Commissioners Office and therefore the FSMA should not apply.

 

Anyway, i could keep going on and on all night but thats would not help me.

 

Thanks again for your kind words Underdog, they are much appreciated.

 

Cheers

 

ps, i can't see ared triangle so i have hit a yellow one instead.

Edited January 21, 2009 by MARTIN3030
Edited slightly please be a bit more choosy with words !!

[jody123]

Hi D & M,

 

I'm going to go read your other thread - I probably won't be able to help other than offer you some shoulder support, but sometimes knowing that other people are beside and behind you is all that you need.

 

the red triangle can be found at the bottom of each post in all threads in the grey box at the left hand side where it states the posters name at the top where you will also find a green dot, scales of justice and the triangle (from left to right).

 

I will hit the triangle for you, but it helps to know where to locate it incase you need it in the future.

 

Jody

[FANTASY CHARGES]

have just put a link to your thread on a major rbs thread

[sosumi]

Hi D&M,

I think sometimes this happens, it's nothing personal. We're all trying to live our lives while still posting here.

The triangle is a little red triangle on the bottom left of a post. This alerts the moderators.

[Sparkie1723]

Hi D&M,

Can you tell me what the Information Commissioners Office actually said? which Principle of the Data Protection Act they had breached was it the Fourth Principle of the Data Protection Act?

Also when they changed your O/D to a loan did you sign anything? and a very impiortant point was your account transferred to CMS Telford?....VERY important that and could be most damming to RBS along with my case Paul Walton & D&D. more than you can imagine!!

 

sparkie

[underdog13]

What a nightmare for you D&M; my heartfelt sympathies. Oh how I wish someone would bring this appalling company to book!

 

I can quite believe that RBS would stoop to these practices.. There is an internal NatWest memo on here (on Paul Walton's thread 'Walton V RBS'), boasting about recreating non existant agreements.

 

I'll be following your case with interest, offering moral support and any help I can. Really rooting for you in your fight against RBS and your solicitor and barrister.

Edited January 21, 2009 by underdog13

[MARTIN3030]

Guys,I have lots in common with these issues,since I am myself in Lit with RBS CMS.

However we have to be very careful about how we discuss here-that means no references using those words which could (or are) libel in the absence of them being properly substantiated and proven.

A little restraint then please.

[underdog13]

Apologies Martin - will be more careful:)

[paulwlton]

RBS confirmed to a Government Minister that my accounts had been set up incorrectly at CMS. (long story) However, when i step into court and request that this be rectified pursuant to sec 13 DPA 1998 RBSs lawyer presented the DJ with the following: "Mr Walton's accounts are accurate and up to date". I beleive this and the fact that RBS refused to submit my upto date accounting details was the reason my claim was struck out.....Sparkie has had simillar experiences in court.

 

Good luck.

[lickthewallfatboy]

hopefully RBS will continue their downward economic path and disappear completely

 

poetic justice

[Sparkie1723]

Guys,I have lots in common with these issues,since I am myself in Lit with RBS CMS.

However we have to be very careful about how we discuss here-that means no references using those words which could (or are) libel in the absence of them being properly substantiated and proven.

A little restraint then please.

 

Martin 3030,

 

Could I ask being as you are in contact with CMS Telford have they given you any information that they may/do also hold a "Router Account" in respect of any account you have/had with RBS??

 

sparkie

[D&M-GIANTKILLERS]

Hello there Sparkie mate.

 

I have just sent you an email. Took me an hour to write it so sorry its a longish read.

 

Thanks everyone for all your words, thats what we really need. Sorry for my rant at the top of the thread.

 

In my other thread Sparkie told me that Kings Chambers barristers in Manchester represent RBS and NatWest.

 

My solicitor had taken me there for a so called conference in which we thought the barrister was going to tell us how well our case would do in court, but instead he spent an hour and a half trying to frighten my wife and i with some ridiculous talk that this "powerful bank could beat anybody in court"

 

To cut a long story short, I suspected my solicitor was a traitor, and the barrsiter was a set up. It failed as i continue the case as a L.I.P. in court.

 

I reported the solicitor to the Solicitors Regulation Authority (SRA), and the barrister to the Bar Standards Board (BSB).

 

The BSB have questioned both the barrister and solicitor.

 

The BSB Complaints Commissioner assesses the complaint. If she thinks there is anything in it she sends the complaint to the barrister and the solicitor for their comments, which she did with mine.

 

Then she sends the solicitor and barrister's comments to me for my comments on them.

 

I obvioulsly pointed out that they were lying in several places and also, their two stories did not match in one part, a big part concerning the value of it.

 

The BSB complaints commissioner then assesses it and she either throws it out or, (and this is stated on their website in a document which is intended as advice for barristers that have had complaints made against them,) OR, if she thinks there IS evidence of professional misconduct she will progress the complaint to stage two of the BSB complaints process, which is an assessment by the Complaints Committee.

 

 

Guys, we recieved a letter from the BSB just before xmas stating that our complaint is about to be put before the Complaints Committee (end Jan) :-D:-D:-D:-D

 

This does not necessarily mean he is guilty though, but, the advice they give to barristers is that it is only progressed if the commissioner thinks there is evidence of misconduct.

 

The commitee can either throw out the complaint or call the barrister for a tribunal. We are obviously keeping our fingers crossed for the latter.

 

As for the court part of our claim at the moment, we have just submitted our defence to their counterclaim.

 

In our case RBS admitted in writing that it was wrong and caused all the problems in the first place.

 

A sentence from that letter by RBS to us stated, "Had we carried out your request in a timely and professional manner, i am confident you would not have encountered charges or unpaid items on your account".

 

Now is that an admittal or what guys.

RBS in their attempt to put things right did not acknowledge the fact that we were suffering serious credit problems because of them, we were forced to remortgage for christ's sake purely because we could not obtain a loan which was purely due to RBS credit damage and errors.

 

Just because we could not accept their offer they think they are entitled to be paid twice for the money.

 

In my latest court submission i have show an RBS document from August 06 stating we owe £7.5k. Then after the Ombudsman stepped in they said in October 06 that we only owe £6k, the real sum. We turn down their offer but again in Feb 07 they send us another letter stating we owe £6k. then in June 07 we have another RBS letter saying we owe £7.5k again, which was our accounts plus interest and charges.

 

 

 

They had offered to refund these when they admitted the whole thing was their fault but just because we turn down their offer, which in turn is because they had caused us more damage than they would admit to, i.e. Credit Damage, they think they are entitled to pursue us as though no dispute had ever existed and as though they had never admitted to being the cause of the problem. Cobbetts reckon i can not rely on that letter.

 

On December 18th RBS and Cobbheads submitted their Defence, citing all the usual crap clauses in their crap contracts. They stated we owe them £12k !!

 

Yesterday RBS themselves sent us a letter stating that we owe them £14K.

 

 

I pointed out to the courts their lies and backed up everything i said with documents from either RBs themselves, the Information Commissioners Office, the Ombudsman etc,

 

RBS have denied any knowledge of the Information Commissioners Office involvement but the ico sent me a letter last week stating that they definitely did inform RBS at the time, and they sent me a copy of the letter that was sent to them.

 

I also put in some arguments related to their use of these clauses and the fact that they can now be considered under the unfair contract rules.

 

Sorry guys, i have got carried away again. this post has got far too long.

 

if anyone wants to know what i said regarding these unfair contract rules i would be happy to put in another post.

 

Martin, if you have read this far, please do not ask me for restraint on this. RBS are pure swines, criminals, devious F$**%I$ etc

 

I have proof of everything i say but the most obvious piece of evidence is right in our faces every single day mate.

 

This problem started a couple of months after we got married. We have now been married for 3 years and 4 months. They screwed up all the plans we had for our married lives and our babies first years of lives. One is 4 and the other is 2 and a half.

 

The RBS has severely fu**ed us up and after admitting the errors, but having their offer to ammend the situation turned down due to its inadequacy, the Royal fooooookng Bank of PorridgeGobblingLand has attempted to drive us into the ground and cover up its mistake.

 

We are severely damaged due to bank charges, the automatic application of bank charges, stemming from the use of possible unfair contract clauses.

 

If we get a judgement, and then the OFT turns round and says they think they ARE unfair, RBS does not want people to know about something which could start another avalanche of claims against ALL banks.

 

All the people who have already reclaimed, plus all those waiting, would all go off and check their credit ratings.

 

Should i now go to the police over the alleged bribery now that the BSB has progressed the case to its 2nd stage, indicating they think there is evidence of misconduct. Remember, i paid 2k up front for this barrister so its criminal defrauding in my mind, as well as my solicitor must have been bribed in the first place somehow.

 

Sorry again its a long post.

 

D&M

 

Cheers again everyone for the kind words

Edited January 22, 2009 by D&M-GIANTKILLERS
spelling

[D&M-GIANTKILLERS]

Paul wlton,

I think i used an extract of your thread as part of my evidence in the complaint against the barrister i have, so thx for that mate.

 

I used extracts from three different threads that all showed reference to Kings Chambers and there association with NatWest and RBS.

 

Cheers

D&M