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I had a £5000 loan with RBS taken out in 2000,I got into difficulty and started a DMP with CCCS.

 

Through the DMP i had paid RBS nearly £4000 + what I paid them before going on the DMP and yet last year I had a statement from them saying I owed over £8000.

 

I decided that I needed to do something about it and sent RBS a SAR,which the 40 days are now up,without any reply.

 

I'm pretty sure PPI was added to the intitial loan which was just over £1000 which meant I actually borrowed £6000+.

 

How long should I wait before sending the failed SAR letter.

 

Valk97

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Hi

 

I’m about to SAR RBS and if they don’t comply within the statutory limit I will them something along ....

 

The time for compliance with my request expired on the [date] and as a gesture of goodwill I allowed a further 7 days to allow for Bank Holidays & general administrative delays.

 

Should there be any doubt what my original request was, I have attached a copy of this request.

 

If you do not comply fully with my Subject Access Request within 14 days, I shall apply to the County Court for an order to enforce compliance, together with legal costs & damages at the discretion of the court.

 

Yours faithfully

 

I did this with one creditor and a week later it arrived!

 

But only threaten court action if you actually mean it. I was.

 

 

Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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Did you send the Request via a tracked post method? If so, have you checked the RM website to ensure the letter was delivered.

 

The fee of £10.00 was it cheque or postal order. If cheque, confirm with your bank that is has been cashed.

 

If by postal order - you need to telephone : - 01246 542091 - you will need the receipt you were given when you purchased the PO as this will have the ID number on it.

 

Ask them to confirm if and when the PO was cashed. If it has been, then ask them to confirm in writing - they are usually pretty co-operative and it will add extra proof to whatever you intend to do next :)

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It was sent recorded,which I have proof of delivery.

 

I did send a Postal Order which I will make the call on Monday to find out if it's been cashed.

 

Either way I will be sending the failed SAR letter on Monday as well.

 

Valk97

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Excellent, that sounds like a good plan:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Lack of fee is not a valid reason for not responding to the SAR

 

£10 is the maximum fee.

 

If the organisation requires a fee and none is sent, they must respond promptly to ask for the fee

 

One time when I didn't send the fee and sent a reminder, they responded with the fee excuse. The SAR arrived (free) a few days after I reminded them of the above, suggesting that over 6 weeks was not prompt.

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I'd agree 2grumpy, the I.C.O's take on the subject below....... they will [& do] support this position

 

Wouldn't advocate not sending the fee, but the fee alone does not afford the data controller relief from compliance in a timely manner.

 

Phil

 

http://www.ico.gov.uk/for_organisations/data_protection/the_guide/principle_6/access_to_personal_data.aspx

 

Can I charge a fee for dealing with a subject access request?

 

Yes, an organisation receiving a subject access request may charge a fee for dealing with it. If you choose to do this, you need not comply with the request until you have received the fee. The maximum fee you can charge is £10. There are different fee structures for organisations that hold health or education records (where the maximum fee is £50, depending on the circumstances).

 

Although you need not comply with a request until you have received a fee, you cannot ignore a request simply because the individual has not sent a fee. If a fee is payable but has not been sent with the request, you should contact the individual promptly and inform them that they need to pay.

 

Some organisations choose not to charge a fee. However, once you have started dealing with an individual’s request without asking for a fee, it would be unfair to then demand a fee as a way of extending the period of time you have to respond to the request.

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  • 1 month later...

I Sent the failed SAR letter but as we were going away I gave them 14 days to comply. So far I have received nothing. I have a feeling that it was sent by normal post.So today I have resent the letter by recorded delivery giving them 7 days to comply.

 

I doubt very much that I will get any sort of reply from them, so, the next course of action will be the court.Can someone enlighten me on how to tackle this.

 

As I said in post 1 , I had this loan in 2000, the PPi was added to the loan, a sum of £1050. The loan was over a period of 5 years. I went through financial issues and had a DMP. Is it possible that RBS renewed the PPI after 5 years in 2005 and again in 2010.

I don't have many statements from them so can't find out.

 

Valk97

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Hi

 

Just one question...is this account still live or has it now been paid off? If so, when?

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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No, it's not been paid off.

It was being paid via a DMP, which I cancelled a couple of months ago.I had been paying through the DMP for over 10 years, but in October 2011, RBS sent me a statement showing that I owed over £8000, which was more than the total loan when I first took it out.

Even though the DMP has been cancelled I have not heard a thing from them.

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Hi

 

OK first step is to issue a "Letter Before Action".

 

This can be basically the same as the "failed SAR" letter but headed "Letter Before Action".

 

Add/adjust the final paragraph to say that if you do not receive your data with 14 days you will issue in court to force compliance.

 

I am assuming that the payment of £10 has been cashed and that you know that they have received the previous requests and failed SAR letter.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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The SAR request was signed for and I have a copy of the signature, the failed SAR letter that I sent 3 weeks ago giving them 14 days was only sent by normal first class.

I've sent them another one today,headed "letter before action" giving them 7 days.This one was sent by recorded delivery.

I'm not sure if the postal order has been cashed.

 

Thanks for your input.

 

Valk97

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You can find out from the Post Office of the order has been cashed but if the SAR has been signed for then that should be good enough.

 

If you get nothing after the 7 day LBA then we can take it from there.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Telephone number below for the Post office. They are really helpful and will send a letter confirming if and when the Postal Order has been cashed. You will need the receipt you received for the PO when you purchased it, there is an ID number on it.

 

01246 542091

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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valk97

 

If you intend to pursue the matter please keep the thread updated.

 

I can supply Greens current service agreed defence to section 7 claims, and they have the neck to accuse cag of template defences, lol

 

Phil

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  • 4 weeks later...

Back from my holiday now and still nothing from RBS.

 

The debt was being paid via a DMP which has now been cancelled and was being paid to Allied International Credit.

 

I have recieved a letter from AIC saying that they have not recieved a payment and I need to contact them to make another arragement to pay.

 

Seems to me that RBS want to play hardball.

 

As RBS have now had two failed SAR letters what would be the next step.

 

Thanks in advance

 

Valk97

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Might be worth waiting to Mike Hawk to pop in - it would appear he has some information that might be useful see post # 16.

 

The choice however is yours. If you have proof that it has been delivered, your postal order/cheque cashed and they have not provided the data.. then you have 2 choices. ICO long winded and toothless or issue a claim. !

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If you are going to issue a claim then you will need to send the Letter Before Action as advised earlier by ims21.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Nothing wrong with the address but it would be handy to have confirmation that the po was cashed.

 

I'd give it one last try to the following e-mail addresses before considering your options with court and/or the I.C.O

 

I'm sure it will encourage them to respond

 

Phil

 

_______________________________-

 

Tudor, Joyce \(Retail Compliance, UK Retail\) [email protected]

Joyce Tudor 0131 626 1669 or Margaret Mackenzie 0131 6260 734

Copy also to this one:

From: Stewart, Gary (RBSlink3.gif Secretariat) [email protected]

07826 xxxxxxx

......... and this one:

Rebecca Brodie

Business Manager to the Head of RBS Secretariat

0131 626 4221 ([email protected])

...........and this one:

From: Mcclure, Iain \(Group Customer Relations\)

RBS Group Executive Office

Group Customer Relations

Tel: 0131 626 6732 | Fax: 0131 626 3195

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Hi,

I wanted to check if the postal order I sent with a SAR had been cashed the number

 

01246 542 091 is no longer available it is now 08457 22 33 44 keep going until you get to option 5

 

Apparently there is a new number for checking up on the postal orders.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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