RBS PPI Settlement offer

[pompeyfaith]

They should not be defaulting you as the account is in a clear dispute and they know that.

 

I would be sending a letter to the rbs pointing this out also copy the letter to the FOS if they are dealing with this complaint.

 

Regards

 

PF

[lee32uk]

Thanks for the reply Pompey

 

 

 

Lee

[pompeyfaith]

As far as you claim for ppi goes this will not effect that at all just keep to your timescales not theres.

 

PF

[lee32uk]

Hi everyone

 

Well today I received my Subject Access Request back from RBoS.When I say I received it, I actually mean some of it

 

This is what they have sent : (The account goes back to 2003)

 

Two Statements (Yes a Grand Total of 2 !!!!) - One is dated 12th July 2003 the other is dated 12th dec 2007.

 

Transcripts of Telephone calls/Letters sent which only go from May 2009 back to May 2008.

 

They have sent lots of correspondence which is between myself, RBoS and the FOS regarding my PPI complaint/claim.

 

More interestingly they have sent another CCA which is identical to the one they sent for my other credit card.Can two different cards have one agreement ? i.e a Standard Mastercard which was replaced by a Goldcard...both cards had totally different 16 digit numbers.

 

 

And that is basically all they have sent

 

 

As I am currently claiming back PPI, and RBoS have agreed to settle then I need all the Statements from Day 1 so I can cross reference the offer.

 

Is there a Template letter anywhere that I can send to RBoS to say that they have not fully complied with my SAR ?

 

Thanks

Lee

[alanalana]

Lee have a look at this...

Data Protection Act - Non-Compliance - Template Letters

 

and also complain to the ICO...

 

For the Information Commissioners office. (this is an option if the DSAR is not complied with)

http://www.ico.gov.uk/upload/documen...ess_rights.pdf

 

Information Commissioner's Office - Information Commissioners Office

 

http://www.ico.gov.uk/upload/documen...lain_final.pdf

 

Complaints - Information Commissioners Office

 

This is what I used.....

 

Submission of a Very Serious Formal Complaint against the Royal Bank of Scotland

 

Despite several further requests for the information as required by my S.A.R - (Subject Access Request), none has been forthcoming.

 

Letters have been sent on:

24 January 2008

16 February 2008

12 March 2008

28 March 2008

2 April 2008

12 April 2008

12 April 2008 Request for CCA under provision of Consumer Credit Act 1974

19 April 2008

 

I have still not received Consumer Credit Agreements with associated paperwork on four of the loans. Because of the inordinate delays, the information requested on the first loan which was refinanced in March 2002 would be of no use as any claim against that loan would now be statute barred within the Scottish Courts.

I have not received data in the name of recordings of telephone conversations or transcripts of those conversations between the RBS and myself.

I have not received copies of emails or letters which I know exist.

I have also not received any properly certified documentation by Data Controllers within the RBS stating the information that I have requested has been disposed of, destroyed or erased.

 

The Royal Bank of Scotland is a member of the British Bankers Association (BBA), is licensed by the Financial Services Authority and should I believe, operate within the Law of the Land and therefore respond within the statutory timescales within Legal Acts at Law, namely the Data Protection Act 1998.

 

I have, when asked, provided information to the RBS, but it seems to me now, that they will try and delay supplying the data requested by using whatever delaying tactics they see fit. On one occasion referring me back to DLFS for the information I had requested. The fact that the DLFS had been legally transferred back to the RBS on 1 March 2006 (the transfer included all DLFS loans) was obviously overlooked by the Data Protection staff within the RBS.

This is indeed an extremely sorry state of affairs and it beggars belief that RBS staff would not be aware this Legal transfer had taken place.

 

My understanding is that the RBS had 40 days to fully supply all the information requested in my Subject Access Request, this has most certainly not happened.

 

I would therefore like to request that each addressee takes the appropriate measures to instruct or at least direct the RBS to supply this information to me as a matter of urgency.

 

I have a complaint lodged with the Information Commissioners Office Case Reference xxxxxx

I would now urge the Commissioner to consider an Enforcement notice against the RBS under Section 40 of the Data Protection Act.

I would also request that the Financial Services Authority, the Financial Ombudsman Service, the Office of Fair Trading and the British Bankers Association add this extremely serious complaint to their files on the Royal Bank of Scotland.

Use from it for your own letter just change it to your own circumstances.

 

aa

Edited May 9, 2009 by alanalana
text added

[lee32uk]

Thanks for the reply and the links alanalana

 

I will send them the non compliance letter and go the Court route if required.I need the statements sooner rather than later so the ICO would probably take too long.

 

One other thing...RBoS have sent me the same CCA for the original account number, so I have two identical CCA's but for two different card numbers Hopefully a huge mistake on their part.

 

 

Thanks again

Lee

[lee32uk]

Well surprise surprise, RBoS haven't replied to my last letter, giving them a further 7 days to send the rest of my SAR

I am now going to start court proceedings using an N1 form.

 

One thing.....What happens if they send me the rest of the SAR after I have sent off the N1 form ? Will I have to write to the Court asking them to cancel the claim, or do I just carry on ?

 

Thanks

Lee

[alanalana]

Well surprise surprise, RBoS haven't replied to my last letter, giving them a further 7 days to send the rest of my Subject Access Request

I am now going to start court proceedings using an N1 form.

 

One thing.....What happens if they send me the rest of the Subject Access Request after I have sent off the N1 form ? Will I have to write to the Court asking them to cancel the claim, or do I just carry on ?

 

Thanks

Lee

 

I would personally just carry on they have failed to meet the statutory requirement to supply the information namely 40 days and you have even given them more time. If they pitched up and supplied the information now you could still give them a time in court as they failed to meet the requirement of a legal Act namely the Data Protection Act 1998. If they send any more information now the dates on letters should show they are outside the timeline and the Court would probably tell them to supply the data and would probably award your costs against the RBS.

 

Lee you will probably need to ask this question in the legal forum...

 

Legal Issues

 

hope this helps

 

aa

[lee32uk]

Thanks for that alanalana

[lee32uk]

Well had a reply today from RBS regarding my PPI claim

 

 

 

They still haven't fully complied with my SAR.I have given them an extra 14 days to send the rest of my SAR before I start Court action.The 14 day deadline is today and still no sign of it

 

There is no way I can accept this offer as I haven't a clue what the true figure should be

Secondly is there any way at all I can get my hands on this money ? Or do I have to accept the fact that they will offset it against the card balance, even though I am challenging the CCA, which in itself is not enforceable (See below).

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/183872-enforceable-cca.html#post1978880

 

The way I see it, is that this is MY MONEY and they have taken it falsely from me since day one.

 

Please does anyone have any suggestions before my head explodes with anger

 

thanks

Lee

[alanalana]

They still haven't fully complied with my Subject Access Request.I have given them an extra 14 days to send the rest of my Subject Access Request before I start Court action.The 14 day deadline is today and still no sign of it

 

There is no way I can accept this offer as I haven't a clue what the true figure should be

Secondly is there any way at all I can get my hands on this money ? Or do I have to accept the fact that they will offset it against the card balance, even though I am challenging the CCA, which in itself is not enforceable (As PPI is different from the actual loan they cannot offset PPI repayment against the outstanding balance of the loan and you can insist on repayment by personal cheque made out to you (See below).

Enforceable CCA?

 

The way I see it, is that this is MY MONEY and they have taken it falsely from me since day one.

 

Please does anyone have any suggestions before my head explodes with anger

 

thanks

Lee

 

The RBS letter clearly states you have accepted settlement through the Financial Ombudsman Service. Is this correct?

 

If you have gone the FOS route they will have examined the settlement offer and would not pass any offer on to you unless they thought it was within the FOS reclaiming guidelines.

 

Have you in fact received any correspondence from the FOS about your complaint and how they are dealing with it?

 

See these links for more help......

 

Is My Agreement Enforceable - Useful

 

Multiple agreements falling within section 18 CCA 1974

 

1. Have you submitted a claim to the FOS?

 

2. If you did what was the response from the FOS?

 

3. Your thread seems to be somewhat confused in the posts as you are still waiting for SAR information and yet the RBS according to RBS appear to have made a settlement offer through the Financial Ombudsman Service.

 

can you please clarify

 

aa

[lee32uk]

Hi alanalana

 

I will try and explain as best I can from the beginning

 

I originally wrote to RBS using the template letter asking for a refund of my ppi money, as I believed that it could have been mis-sold.

 

They wrote back to me saying that they would not be refunding any money, and that they didn't think it had been mis-sold etc.

 

I then filled in the complaint form on the FOS website asking them to deal with it for me.After approx 12 months the FOS finally managed to deal with my complaint, and sent me a reply (See letter in Post number 1)

 

As there was no figure mentioned, I wrote to the FOS asking for the amount that RBS were offering, and that I couldn't accept their offer unless I knew the sum involved.

 

I also requested that any refund be paid directly to me via a cheque, and not to be taken off the credit card balance.

 

They wrote back to me and assured me that accepting the settlement would not mean that I would be unable to dispute it at a later date (See letter in post number 17)

 

So I filled in the acceptance form as they suggested and sent it back to RBS.

RBS have now sent me the letter (in post number 35)

 

 

With regards to the SAR, as I am also challenging the credit agreement I wanted to see a copy of my original agreement.Also I needed the credit card statements from the same SAR so that I could cross reference the offer from RBS regarding ppi.

 

 

Sorry for the long post and thanks for the help

 

 

regards

Lee

[alanalana]

Hi alanalana

 

I will try and explain as best I can from the beginning

 

I originally wrote to RBS using the template letter asking for a refund of my ppi money, as I believed that it could have been mis-sold.

 

They wrote back to me saying that they would not be refunding any money, and that they didn't think it had been mis-sold etc.

 

I then filled in the complaint form on the FOS website asking them to deal with it for me.After approx 12 months the FOS finally managed to deal with my complaint, and sent me a reply (See letter in Post number 1)

 

As there was no figure mentioned, I wrote to the FOS asking for the amount that RBS were offering, and that I couldn't accept their offer unless I knew the sum involved.

 

I also requested that any refund be paid directly to me via a cheque, and not to be taken off the credit card balance.

 

They wrote back to me and assured me that accepting the settlement would not mean that I would be unable to dispute it at a later date (See letter in post number 17)

 

So I filled in the acceptance form as they suggested and sent it back to RBS.

RBS have now sent me the letter (in post number 35)

 

 

With regards to the SAR, as I am also challenging the credit agreement I wanted to see a copy of my original agreement.Also I needed the credit card statements from the same SAR so that I could cross reference the offer from RBS regarding ppi. (If you are still unhappy that they have not fully complied with your SAR you should complain here.....

 

For the Information Commissioners office. (this is an option if the DSAR is not complied with)

http://www.ico.gov.uk/upload/documen...ess_rights.pdf

 

Information Commissioner's Office - Information Commissioners Office

 

http://www.ico.gov.uk/upload/documen...lain_final.pdf

 

Complaints - Information Commissioners Office

 

 

Or you have the court option.

 

Sorry for the long post and thanks for the help

 

 

regards

Lee

 

Lee I get the general idea now. You have had an offer from RBS but they are saying they will take the offered refund from the balance of the credit card. You are not happy as there is no figure mentioned and you would not wish to accept an unknown sum. You can refuse this and now request the FOS to pass your case to the ombudsman for a final decision. ( I am assuming here that the case has been looked at by an adjudicator and not the ombudsman?)

 

The PPI element on the card should not IMO be treated in the same way as any debt on the card. The PPI should in fact be treated as a separate issue. Please see this thread for further information on the subject. You may get further advice in here if you post up a question.

 

Multiple agreements falling within section 18 CCA 1974

 

hope this helps

 

aa

[lee32uk]

I have drafted up a quick letter to send to RBoS regarding their letter in post #35

 

 

Dear Sir/Madam,

RE Account: xxxx xxxx xxxx xxxx and xxxx xxxx xxxx xxxx

In response to your letter dated 27th May 2009 regarding my PPI claim on the above accounts.

I am unable to accept your offer of £xxxx as a full and final settlement for the following reasons:

1) I specifically requested that the claim be paid to me by the way of personal cheque only. As far as I am concerned the PPI should be treated separate to any Credit Card balance, as it is an insurance policy.

2) I made the Financial Ombudsman aware that I could not accept your offer of goodwill, as you had failed to state the settlement figure.

3) I want to do my own calculations so I know the full amount that I should be reimbursed.

I also still have the option of asking the Financial Ombudsman to assess my claim.

Please can you clarify your intentions regarding the points above.

Yours sincerely

Anyone have any suggestions on the above ? Does it look ok to send.

thanks

Lee

[alanalana]

Short sharp and to the point

 

Send it:D

 

aa

[lee32uk]

Thanks alanalana

 

I will post first thing Monday

 

regards

 

Lee

[lee32uk]

I have drafted up a quick letter to send to RBoS regarding their letter in post #35

 

 

Dear Sir/Madam,

 

RE Account: xxxx xxxx xxxx xxxx and xxxx xxxx xxxx xxxx

 

In response to your letter dated 27th May 2009 regarding my PPI claim on the above accounts.

 

I am unable to accept your offer of £xxxx as a full and final settlement for the following reasons:

 

1) I specifically requested that the claim be paid to me by the way of personal cheque only. As far as I am concerned the PPI should be treated separate to any Credit Card balance, as it is an insurance policy.

2) I made the Financial Ombudsman aware that I could not accept your offer of goodwill, as you had failed to state the settlement figure.

3) I want to do my own calculations so I know the full amount that I should be reimbursed.

 

I also still have the option of asking the Financial Ombudsman to assess my claim.

Please can you clarify your intentions regarding the points above.

 

Yours sincerely

 

 

 

Anyone have any suggestions on the above ? Does it look ok to send.

 

thanks

Lee

 

 

Well it has been a week since RBoS PPI department received my letter above, and I have had no response so I plan to send this reminder letter to give them one last chance.

 

 

The Royal Bank of Scotland,

PPI Customer Concerns Team,

Regulatory Risk,

5th Floor,

1, Hardman Boulevard,

Manchester.

M3 3AQ

 

Dear Sir/Madam

 

RE: 5434 XXXX XXXX XXXX and 5434 XXXX XXXX XXXX

 

I wrote to you on 1st June 2009 (See attached copy) regarding your offer of £xxx for a full and final settlement against my PPI claim. As I declined your offer, I need to know how you stand on the points that I raised.

Please can you confirm your intentions within the next 7 days? If I do not hear from you by Friday 19th June 2009, then I will pass my complaint back to The Financial Ombudsman for their perusal.

 

yours sincerely

lee32uk

 

 

Does this look ok? I think they have had enough time by then to respond Then it's back to the FOS

 

thanks

[pompeyfaith]

Thats ok lee to the point just stick to your timescales not there's 7 days no reply back to FOS.

 

Regards

 

PF

[lee32uk]

cheers pompey

[lee32uk]

Hi all

I have finally had a response from RBoS regarding my letter in post #42 above (Response letter below)

 

They are saying that they spoke to the FOS, who told them the opposite of what they have told me in writing

They are also refusing to refund my money by cheque, and are only willing to deduct it from the CC balance

 

Would this come under unjust enrichment ? As technically the money isn't theirs in the first place ? They say it is 'their policy' to credit the money to the account, but that doesn't make it law ?

 

 

Im not going to bother replying to RBoS, and I am now going to pass it back to the Ombudsman.

 

If anyone has any suggestions

 

cheers

Lee

 

[alanalana]

Lee,

 

They are saying that they spoke to the FOS, who told them the opposite of what they have told me in writing

They are also refusing to refund my money by cheque, and are only willing to deduct it from the CC balance

 

Would this come under unjust enrichment ? As technically the money isn't theirs in the first place ? They say it is 'their policy' to credit the money to the account, but that doesn't make it law ? (put up a fight on this issue) Make contact with the FOS to clarify that they have agreed to the RBS offer.

 

May I suggest that their policy is a load of ball hooks if PPI is mis-sold then it is mis-sold and the money should be paid back to you directly by a personal cheque and not be offset against any outstanding amount on any card.

 

Im not going to bother replying to RBoS, and I am now going to pass it back to the Ombudsman. Good decision:D

 

If anyone has any suggestions

 

 

Without a doubt most certainly discuss with the FOS just a telephone call to clarify matters as ever do not accept what the bank are telling you in their letters always confirm the full issues as far as RBS are concerned.

 

aa

[lee32uk]

Thanks alanalana

 

I will write back to the FOS and state that I have not had a satisfactory reply from RBS. I will also send them a copy of the response from RBS just in case they have been telling me porkies

 

 

cheers

Lee

[lee32uk]

I have draughted a letter to send back to the FOS, regarding RBoS letter in post #45.Does it look ok?

 

thx

 

 

 

 

Dear Sir/Madam,

 

REFERENCE: xxxxxxxxx/xxxx

 

RE: PPI claim against The Royal Bank of Scotland

 

I am writing in response to correspondence I have received from The Royal Bank of Scotland relating to my PPI claim. I am not happy with their proposals, and therefore I would like to pass the claim back to the Financial Ombudsman for their assessment.

 

I am also not happy with the fact that The Royal Bank of Scotland state it is their policy to refund any monies back onto the credit card. If the money didn’t belong to them initially, then how can they award it back to themselves? As the PPI is an insurance policy it should be treated as a separate matter and be refunded by way of a personal cheque.

 

I would also like to calculate myself how much is owed to me. I have recently sent a Subject Access Request to The Royal Bank of Scotland. They have so far failed to fulfil their obligations, as they have only sent me part of the Subject Access Request, and the 40day timescale has long since expired. I have now had to involve the Courts to make them comply. The deadline for this is 1st July 2009.

 

I have enclosed a copy of the final response from The Royal Bank of Scotland (post #45).

 

I would be grateful if you could now look into this matter for me.

 

Yours sincerely

[alanalana]

Dear Sir/Madam,

 

REFERENCE: xxxxxxxxx/xxxx

 

RE: PPI claim against The Royal Bank of Scotland

 

I am writing in response to correspondence I have received from The Royal Bank of Scotland relating to my PPI claim. I am utterly disappointed with their proposals, and therefore I would like to pass their letter as received back to the Financial Ombudsman for their assessment.

 

I am also extremely unhappy with the fact that The Royal Bank of Scotland state it is their policy to refund any monies back onto the credit card. If the money didn’t belong to them initially, then how can they award it back to themselves? As the PPI is an insurance policy it should be treated as a separate matter and be refunded by way of a personal cheque.

 

I would also like to calculate myself how much is owed to me. I have recently sent a Subject Access Request to The Royal Bank of Scotland. They have so far failed to fulfil their obligations Under the Data Protection Act 1998, as they have only sent me part of the data requested within the Subject Access Request, and the Statutory 40day timescale has long since expired. I have now had to involve the Courts to make them comply. The deadline for this action is 1st July 2009.

 

I have enclosed a copy of the final response from The Royal Bank of Scotland (post #45).

 

I would be grateful if you could now continue to investigate this matter for me.

 

Yours sincerely

 

Letter tweaked hope it meets with your approval

 

aa

[lee32uk]

Thanks for that