RBS failed SAR

[Mike_hawk]

Thanks Mike

 

Should I keep the email brief and to the point or should I go into detail.

 

Valk97

 

Hi Valk

 

Just bullet points, keep it factual and polite [ish]

 

_______________________________________

 

Subject; Data Subject Access Request ............... [Name]................. [Original request date]

 

Dear Joyce

 

I thought it prudent to bring to your attention the following matter;

 

Having requested the above pursuant to the Data Protection Act, I am sorry to note that the bank has as yet declined to comply and failed in it's statutory duty.

 

Whilst I appreciate the bank is recovering from its recent difficulties it does not negate the need for it to comply.

 

I have attached a further copy of the request below along with proof of delivery, it would seem sensible for the bank to respond at the earliest opportunity to confirm that it is now effecting it's response in compliance to the Act.

 

Further to the above failure; I trust that it will now return the previously encashed fee along with it's offer to compensate in consideration of my reasonable expenses in reminding it of it's duty.

 

Whilst I trust that litigation will not prove necessary, the bank should regard this e-mail and it's content as fulfilment of my obligation to s.III & IV of the pre action protocols.

 

In order to curtail any further exposure to costs or resource this will be the final reminder in this matter, I trust I can now rely open the banks due diligence and look forward to receipting its fullest response in compliance with the act.

 

Regards

 

xxxxxxxxxxx

[valk97]

Thanks for the info Citizenb, I've phoned them and the PO has not been cashed as yet.

 

Today I have recieved 3 identical letters from RBS with 3 different account numbers all saying that the collection agent for RBS (Allied International Credit) has been unable to contact me and the account have been placed with Fredrickson.LOL.

 

Two of the account numbers have a zero balance and the other one has a balance of £7649.64.This is the same account number I used for the SAR.

 

I don't know what the other two accounts are for as the only dealings I've ever had with RBS is this loan.

 

Could the other two accounts have something to do with PPI ?

 

Thanks Mike for the input,,in light of the latest letters should I carry on and send the email.

 

Valk97

[Mike_hawk]

Yep, send the e-mail............ stick to your own timetable, not theirs. I would imagine the file has been passed to collections because they are too overwhelmed with SAR's to respond to your concerns. If RBS are so keen to talk to you they only have to comply with your requests. Why they haven't cashed the PO could be anyones guess, me being me would assume it's intentional in an effort to stall. Did they include the sort code for the 'other' account numbers?

[valk97]

The sort codes for the two zero balance accounts are the same, but different to the account with the 7k balance.

 

Valk97

[Mike_hawk]

Can you search at this link and let me know what the result is for each please, search field is top right [no spaces or hyphens], when the result comes up click on the result top left and it will display the branch name and address.... http://www.sortcodelookup.co.uk/index.php

[valk97]

The account with the 7k balance has this address

 

EDINBURGH CSC 40

Bristol Customer Service Centre

740 Waterside Drive

Aztec West

Almondsbury

Bristol

BS995BD

 

The other two zero balance accounts have this one

 

Falkirk

5th Floor

Bath Street

Glasgow

G2 4RS

 

Thanks again for the help Mike.

[Mike_hawk]

Aztec West is closing soon so the account will probably be migrated to another dept. CSC is a bit of a misnomer as Bristols primary function is back office collections [similar to Telford]. As for Falkirk, really don't have a clue............ if you haven't yet sent the e-mail you could add a line requesting all data they hold to include the erroneous account numbers at Falkirk

[valk97]

OK,

Thanks Mike

[valk97]

Finally, 103 days after RBS signed for my SAR I have had a reply from them.

 

I have received a letter apologising for the delay but requesting proof of my signature. More delaying tactics I reckon.

 

They also say that they are waivering the £10 fee, I'm not sure how they're going to do this as the PO was crossed when sent.

 

I have to go into a branch of RBS to "update" my signature, I'll do this during the week.

 

Valk97

[Mike_hawk]

Hi Valk

 

Delaying tactics would be my opinion........ it's really not worth arguing the point re: specimen signature. You are still able to sue for damage due to their non compliance [s.7 & s15 of the DPA], it would seem sensible to retain a record of your time and associated costs in disbursements.

 

Keep the thread updated if they fall a little short in supply of data.

[citizenB]

The advice to companies is that if they require any information in order to prove identity, it is to be requested "promptly".. not 103 days after receiving the original request and only when a complaint has been entered to find out the delay !

 

I think you definitely need to make a complaint to the Information Commissioner.

[2Grumpy]

You could ask them to deliver their response to your local branch where you will provide proof of id when you pick it up

 

If they have been corresponding with you at that address recently, what is their issue?

[kennyh]

I seem to recall that a few years ago the RBS Data Controller faced jail time for non-compliance(Banky will possibly remember it) - mention it sometime since it does seem to focus their minds.

[valk97]

I've managed to get t a branch of RBS and the verification has been posted today. We'll see how long they take now.

 

I also recieved a letter from the Freddies on Saturday saying that they've been appointed as collection agents and I need to contact them to pay,,,yeah right.

 

Have RBS broken any rules by hiring the Freddies while delaying the SAR.

 

Valk97

[kennyh]

If you have initiated a complaint (which remains unresolved) on the account in question, then I'm fairly sure you can cry foul.

[valk97]

Just updating the thread.

I've had several letters from the Freddies so I sent them the account in dispute letter which they replied saying that because I have asked for a SAR the account in NOT in dispute and that I should write to them with my reasons.They also passed the letter onto RBS, who wrote to me today.

 

The letter said,,

 

We refer to your letter dated 10th September 2012 initially sent to Fredrickson International Ltd regarding your request for data.

 

No correspondence with regards to a Subject Access Request has been recieved at this office.If you wish to proceed with this request, please provide a signed letter detailing which information you require.

 

In line with the 1998 Data Protection Act, we are entitled to request a £10 fee for the information, which will then be provided within 40 days from the date of reciept of payment at this office.

Please make your cheque or Postal Order payable to Royal Bank of Scotland.

 

To enable us to progress matters, please sumbit your request as detailed above to the above address, together with the required fee.

 

We look forward to hearing from you in this respect.

 

We remind you that a Subject Access Request does not prevent recovery action and Fredrickson International will continue to seek repayment proposals for your outstanding liability.

 

I've replied to this letter with 7 other pages of correspendence.It's now 148 days since my request was signed for and it seems to me that the staff at RBS don't know what they are doing.

 

Still, as long as they keep digging the hole the more difficult it will be for them to climb out.

 

I will be making a complaint to the ICO, is there any other people I should be taking this up with.

 

The next step is court action.I need to find out how I go about this.

 

Valk97

[Mike_hawk]

Failure to comply with the SAR isn't a dispute as such, although s.35 seems to fit the bill in your circumstances.

 

RBS are a shambles, just the I.C.O to inform unless you want the F.O.S to intervene.

 

If it were me I'd sue them..... once you have the disclosures required for the PPI you can go after them again.

 

Up to you, you can complain to the I.C.O first and wait on their response to add weight to any future claim

[Mike_hawk]

Particulars for claim at the link below if you decide to go down that route.........

 

http://www.consumerwiki.co.uk/index.php/Data_Protection_Act:_Non-Compliance

[Mike_hawk]

Valk

 

Have you cca'd it for this account?

 

I can't imagine you could lose a DPA s7 case but I'm just wondering whether a simple CCA would suffice for the the PPI claim so you have 2 angles to approach this from in fairly short order of each other.

[Bandit127]

Good advice from Mike. Plus failure to comply with a CCA request would allow you to legitimately place the account in dispute with Freddies.

 

(I had much messing around with a SAR with HSBC recently but had some concrete progress on that today - 104 days in).

[valk97]

Today I have recieved a letter from RBS, I'm just gobsmacked, lost for words.

 

The letter reads,,

 

We are in receipt of your recent written request for your personal details held by the Royal Bank of Scotland and have also waivered the relevent fee.

 

In line with the 1998 Data Protection Act, we are allowed up to 40 days,from the date of receipt of the request and payment, to produce the information required.Once collated, this data will be forwarded directly to you.

 

Please be aware that it is not our practice to provide further copies of standard documents that you would have recieved as part of our normal course of business.This would include providing you with further copy statements.

 

However, if you do wish us to include copy statements, please advise us at your earliest convenience.

Please also confirm the statement period you wish this to cover.

 

This has gone on long enough, it's now been 162 days and I still have nothing.

 

I thought copy statements were part of a SAR.

 

I am just sorting a complaint to the ICO, this is ridiculous. I wonder why they are delaying sending me this info.

I've had two letters now saying they are waivering the fee but I havent got my £10 back yet.

 

Valk97

[paulwlton]

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

 

Did the statement show interest being applied?

[valk97]

Just checked the statement and NO interest has been shown.

 

Valk97

[paulwlton]

Just checked the statement and NO interest has been shown.

 

Valk97

 

Will be interesting to see why there's eight grand outstanding. Was the loan over five years?

[valk97]

The loan was over 5 years and was for £5000 plus £1050 for PPi.

 

I'm wondering if they re-newed the PPI policy in 2005 and 2010. I'll find out when they pull their finger out and send me the information.