RBS Credit Card refuse data request

[theboygilbert]

Hi all,

 

This is my first post on here. Thanks in advance for any advice you might be able to offer.

 

I'll keep it brief: RBS placed a default on my credit file against a debt back in 2006. It's my belief that this notice - if dispatched at all –*was sent incorrectly to an old address, as I never received it.

 

I have sent RBS a letter (using a template found elsewhere on this site - thank you!), and after a bit of back and forthing, they have informed me that as the account has since been settled, it is now closed. They say that as the Consumer Credit Act is for active agreements only, they are not obliged to furnish me with the requested documents.

 

Now, having spent a fair deal of time on here, I would make an educated guess that they are talking out of their backsides. I was of the understanding that such a data request must be fulfilled whatever the weather. Am I right? It seems like a fob-off letter...

 

Any advice on this would be greatly appreciated. Thanks again.

 

TBG

[cds]

If you sent a s.77/78 request they are correct if there is no longer an active account, however a sar they would have to comply with. Cca request is a £1 sar £10.

 

cds:)

[theboygilbert]

cds,

 

Many thanks for the speedy and helpful response!

 

The question that springs readily to mind is: Why not tell me that in the first reply they sent me? Of course, I already know the answer: because they are evasive weasels.

 

Right, well I shall send a Subject Access Request their way with a postal order for £10. Three questions: Do I send this to the individual I have been in contact with?; What should I write in the letter?; and does this mean I will get everything that RBS has on me (I also have a current account with them)?

 

Thanks again people.

 

TBG

[cds]

Not sure who you have been speaking to but sar should go to the data controller, there is a template letter available somewhere will have a look for you, they shoud send all information on you including all accounts so only send one sar.

 

cds:)

 

http://www.consumerwiki.co.uk/index.php/Subject_Access_Request