steveandluc v Royal Bank of Scotland

[steveandluc]

I sent in my Data Protection Act request in mid june, should have received statements last week. Phoned to chase 2 weeks ago & was told it would be another week as they were getting a lot of these through. Still not arrived so i phoned customer relations again today. Guess what ? My statements have been produced & destroyed as they didn't know where to send them. I was not a happy chappie.

 

Another delaying tactic.

 

Just had a call from my branch, very apologetic, re-ordered statements for me urgently.

 

Should I let it go or report them to the information commissioner ? Is it worth it ?

[steveandluc]

My statements have finally arrived, however, the earliest 6 months statements are missing. As they were late in providing them, I had a friendly followup call earlier today from a lady at my branch, checking if they had arrived. She's going to order the earlier ones again.

 

I'm now in a dilemma.

 

I've been through the statements and there's over £7000 in charges. Not including interest. Obviously I'm eager to get things moving, but as the total's over 5k I was going to work forward from the earliest charges until I hit the 5k and go for that lot first. Can't do that now until the earliest 6 months arrive. The charges are mainly recent though, with the earlier statements having the odd £10 on them but nothing more.

 

So, should I wait ?

 

Should I forget the earliest ones & start from the earliest I have ?

 

Should I go for the whole lot in one go and change the amount later ?

 

Or, is there anything I can add to the preliminary letter to say that I'll be revising the claim when the earlier statements arrive ? There may be loads more, who knows.

 

Any thoughts gratefully received.

[stacymason]

Hi, I don't think the amount has to be set in stone until you file moneyclaim, I revised the figure on my LBA to include a charge incurred in the period in between and this seems to be ok, as long as the spreadsheet of charges agrees to the amount you actually claim in the courts you should be fine!

[steveandluc]

thanks

[steveandluc]

Preliminary letter hand delivered to branch on 11th August, asking for the first 5k.

[Guest willowb]

Good luck Steve,

 

Keep us posted!

 

Wx

[steveandluc]

Today, 14 days exactly from delivering preliminary letter, received fob off letter, we believe charges are fair etc, but offering just over £1500 as a good will gesture.

 

I had the LBA letter all ready to go, will have to rewrite now to include a 'thanks but no thanks' bit.

 

Is it normal to get an offer after preliminary letter ? Also, the letter was from my business advisor at the branch, not a central unit.

[steveandluc]

LBA (including rejection of offer) hand delivered to the branch today.

[doghousedean]

Im too with the RBS, i sent my replim letter today so expecting a similar course of action for me.

 

I'll expect an offer in the next 2 weeks then.

 

Good luck and keeps us posted

[steveandluc]

I should have started court action last week, but didn't get round to it. Finally started a claim on moneyclaim yesterday. BUT, received a letter this morning (dated 21st September) from Tommy McLean agreeing to meet the claim in full.

 

What to do now ?

 

I've started the claim already & added the 8% interest so it's more than the full amount being offered.

 

The letter also states the usual full & final settlement bit, and that any future charges will stand. I've already got other charges to go after as I split the claim. I'm also intending claiming on my business account.

 

Is it worth phoning him direct, or is it better to write back ?

 

Any help gratefully received.

[Guest willowb]

Hi Steve, well, it's up to you really but I'd email him and at least ask him to put the £120 MCOL fee onto the offer. Wether or not you forget the interest is up to you.....

 

[email protected]

 

Good luck

Wxx

[stacymason]

its up to you Steve, but I'd point out that his reply was well outside your 14 day time limit and therefore you're entitled to the 8% interest as you have now filed a claim. Its not like they're going to go to court over it!!!

 

Stacy xx

[steveandluc]

Thanks folks. Was originally inclined to carry on with the claim but realised I'd made a mistake on moneyclaim. Added the interest to the details of the claim but forgot to add it to the total (idiot - more haste less speed etc). So I'd have to re do the claim which would a) cost another £120 and b) may not look too good if I raised another claim after receiving an offer of full settlement, especially as I've split the claim anyway. So I think I'll accept & start going after the rest. I could really do with the money.

 

Thanks again to all who've offered advice. I'll keep you posted.

[cariad mo brwydrwr]

You won't have to do a whole new claim - you can request an N244 from from the court to amend the claim, I think its £35 and non-refundable, but its better than £120! If you get in touch with the court and tell them you need to amend the claim, they should point you in the right direction and send you out a form. To be honest I don't know that much about it but there are a few people on here who have amended their claims, I know BigCol is one of them at least.

 

Please don't give in now... you should hold out for the full amount. Think how much further that money will go as opposed to the smaller amount they've offered Good luck!

[steveandluc]

I phoned the moneyclaim helpline yesterday and they said I wouldn't be able to claim the interest as I hadn't added it to the total. No mention of a N244 form. I'll phone again today and ask. Thanks.