Progress with FOS?

[mo2lly]

I am currently pursuing a claim for refund of PPI on my MINT card through the FOS. After 7 months waiting for my claim to be passed to an adjudicator I have just received a letter from a case work support administrator at the FOS asking me for information - a copy of any documentation - on the cost of the ppi cover. I do not have this information or any paperwork relating to this and wonder how this is likely to affect pursuance of my case. Can't the FOS request this information direct from RBS? Shouldn't they be obliged to provide it? Any advice on this would be very welcome.

[MARTIN3030]

The FOS usually assume that you have any documents that support a complaint,in fact usually they would request originals of ALL documents and copies of communications before taking on your complaint exhaustively.

They would ask RBS to supply it only if you was refused this by RBS,which would likely be a breach of data protection principles.

Have you asked RBS to supply this ?

[MARTIN3030]

Also can you say exactly WHAT docs/info you have supplied to the FOS previously ?

[mo2lly]

Only what I was asked to provide in terms of correspondence between me and RBS regarding my claim including their final decision as well as the date that the credit card was taken out and when I cancelled the PPI. If I have to ask RBS for paperwork or information relevant to my case, is there anything else other than the cost of the cover that I should get from them at the same time? Isn't it unlikely that I will get everything covering the entire period that I have had the card - since 1999? Thanks for you help.

[MARTIN3030]

This is the difficult part.

I suspect RBS will say they dont have records beyond 6 years,although there is some evidence to the contrary.

Did you submit a subject access request ?

 

I think you may actually be covered for asking for these docs (or a copy) under a request using the Consumer Credit Act-but I am not 100% certain.

 

If you tried by doing it under SAR-you could ask for an undertaking that they say why they cannot supply such as;

 

If it has been destroyed on what date ?

By what method ?

and by who ?

 

It is the time factors being 11 years which could be on their side.

 

I will see if I can flag for someone who may know for sure.