RBS, Capquest, Wescott Credit - all about to pay by the Ombudsman?

[dx100uk]

doubt it, prob down to the FOS contacting them

stating get you act together.

 

 

so they re purchased the debt

 

 

so they should now know it real figure....

 

 

dx

[openwater]

Yeah, Rodger that Dx

 

Another question for you now ...

 

Had a call back from Capquest saying they haven't received my SAR of the 12th August. I explain it was recorded signed for. They ask the address it was sent to (Capquest Debt Recovery, Fleet 27, Rye Close, Fleet, Hampshire, GU51 2QQ) - they then tell me they moved from that address a year ago and give me a new address to resend.

 

Cancel previous cheque and resend (costing me the best part of a month wasted) - or debate the point with them it should have been forwarded on and they should be in receipt of it either way?

 

Might sound a daft question but I'm conscious Capquest are a bunch of slimy, useless so-and-so's

[dx100uk]

you should have check the correct address

 

 

I question the wisdom of using a cheque with a Sig too?

 

 

our SAR thread

 

 

states using a PO .

 

 

dx

[openwater]

Oh, hang on...

 

All correspondence I had as recent as a few months ago from them carried that address. Even through this forum that's the address you get linked with a search for Capquest.

 

As for a cheque, I did ask at the time on here if that was ok and nobody said anything otherwise.

 

Anyway, not important.

 

CANCEL cheque and resend to new address given?

[dx100uk]

seems like you've caught them out...

 

 

dx

[openwater]

Was that sarcasm / cryptic Dx?

 

Apologies if not.

 

Dx? - I'm nothing but thankful and courteous on this site so would appreciate a little back from the 'Seniors' if possible?

[dx100uk]

What are you going on about???

 

They say the address has been dead for a year

You've caught them out telling porkies.

[openwater]

Am I glad to hear back from you Dx, genuinely. My apologies for any misinterpretation

 

I'm not quite sure what you mean though.

 

I was just speaking to a run-of-the-mill advisor when I enquired about the status of the SAR. She (innocently I believe) asked where I'd sent it - I told her - and she said that wasn't the correct address (they'd left there over a year ago) - and gave me this new address. It was all quite innocent for them.

 

What are you reading into it?

[dx100uk]

Post 86

[openwater]

Yeah, I've just physically checked and have on my desk as I write this a letter from them dated June 2014 that carries the 'main office' address I sent the SAR to.

 

I'm struggling to pick up on your angle on this Dx.

 

Either;

1. They have moved in the interim

or

2. They haven't

 

Regardless, how does this help my case?

[dx100uk]

June 14 well they could have moved then

Time to drop it then

 

D

[openwater]

You mean your point was - had it been less than a year there would've been something in it?

 

I ask because I know there's paperwork more recent from them with that same address, I just can't put my hand on it right now.

Despite that, if I can prove they were telling porkies, what would / could I do about it?

 

And while I have you Dx, should I resend the SAR to the new address I've been given?

[openwater]

Dear Dx,

 

Received by Email today from the Adjudicator that had been dealing with my case:

 

'Thank you for your email.

 

I’ve taken note of your comments, and I’ve added these to your file.

 

I won’t respond to each of your queries at this stage. This is because the ombudsman who was reviewing your complaint has made some calculations. He thinks you’ve overpaid the debt too. I’ve passed the information from the ombudsman on to RBS and I’m currently waiting for RBS’s response.

 

Once I receive a response from RBS, I’ll update you.

 

Yours sincerely'

 

I think this is the mail I've been waiting on but rather unsure as to why the adjudicator has '...passed the information from the ombudsman on to RBS and am currently waiting on RBS response.'?????

 

Your infinite wisdom please Dx?

[dx100uk]

cough up you fleecers

 

 

dx

[openwater]

Hi Dx

 

Can I run something else by you please?

 

You know about my contact from the FOS I mentioned in my last post. I haven't replied to that or heard anything back since.

 

Today however I called Capquest again to ask what happened to the statements I had requested from them on 10th September

(I had called them on this date and spoke with an advisor who had potentially noticed payments she thought could have come from me

- they were from a different 'source' than the others - so I asked her to send them out).

 

When I initially called today,

the chap I spoke to asked 'is this regarding your SAR?'.

I was surprised, so followed through by answering 'yes it is, I've heard nothing, where does it stand?'

(keeping in mind that during my last call on the 10th September the advisor had told me I'd sent it to the wrong address and should resend it)

 

 

- the advisor (today) replied ' I think there's an internal investigation going on regarding that',

to which in turn I asked

'So the fact I'd been told I had sent it to the wrong address and should resend it is incorrect?',

to which he replied 'Yes, that information was incorrect - all our mail from our previous address is forwarded on to our new one

and you had advised it had been signed for upon receipt too, yes?

' - to which I replied 'yes, that's correct, signed for on the 14th August'

 

I didn't go any further with that particular query - but something surely stinks about it, no?

 

I then asked him

'I was expecting statements to be sent out which I also requested on 10th September and have not yet received'.

 

He replies 'Yes, I can see you requested statements. Let me go into that account and see what's happened to them'.

 

Then; 'It seems I can't get into that account. It's been restricted'.

 

Me; 'What does that mean?'

 

Him; 'It means it's unavailable to view, I don't know why to be honest'.

 

Now,

when I initially requested those statements on the 10th September (that would've proven my claim that I had paid Capquest directly)

- the advisor at the time said that the account she had found these payments in was in the process of being 'bought back' by RBS.

 

Two weeks later, when I asked what's happened to the statements and had they been sent - I'm told they haven't and the account is inaccessible????

 

This is all very very suspicious to me Dx and I'm not sure what to do next, if anything;

 

1. Should I advise the FOS of this situation regarding Capquest (no reply to SAR and highly relevant and important statements becoming unavailable)?

2. Should I re-issue the SAR to Capquest at their new address anyway?

3. ANYTHING else you would advise at this point? - bearing in mind the FOS is dealing with my case right now?

 

I feel as if I've made real progress and things are at last happening - but am unsure where it all ends up i.e. what's the end-game?

 

ALL replies and comments are very very welcome...

[dx100uk]

you wait

stop pushing people

 

 

I would suspect the reason why they cant see it is it now not their account

and is the data property of RBS again

 

 

thus section 10 applies, and do does the data protection act.

 

 

it may well be that your £10 will be wasted and they send it back

stating RBS has all the data now.

 

 

they have to be careful here

if they now don't own the debt

they don't legally have access to the data.

 

 

sit on hands and stop using the damn phone.

it gives you no papertrail that the FOS might well want to latterly see.

 

 

dx

[openwater]

Rodger that Dx

 

Very good point regarding a paper trail.

 

Also agree re RBS buy-back - thus no longer property of Capquest.

 

It's becoming quite clear that I'm no longer dealing with multiple establishments too - now it's really just RBS (and FOS)

 

I do have something else to ask though (as ever)....

 

I've received another letter from RBS re the SAR. A bit of blurb about the guy who's been assigned as my case handler, then;

 

'I have started the process of gathering your personal data and have tried to contact you to discuss in more detail what you are looking for. As I have not been able to get hold of you, it's important you call me on my direct telephone number above. This will enable me to clarify what information you are looking for and to satisfy your request. Without more information to help me focus my search, I may not be able to source the information you are looking for and respond to your request in full.'

 

If I've to call this guy,(which inevitably I do????), could you provide me with one of your one-liners as to what I tell him please?

You're familiar now with the fact I can - and do - waffle a bit when it's not needed. I need to be sharp with this guy.

Your suggestion please?

[dx100uk]

the main idea of an sar the banks think is to gather info for PPI or charges reclaiming

yours is not.

 

 

you state quite clearly what you want

and that's a list of every payment ever made against the account

direct to RBS

or through any of the various dca's they set upon you.

 

 

you need to put across how serious the nature of this matter is [the SAR]

and that the FOS are demanding you get the info

as it is very important toward the outcome of a complaint currently running.

 

 

copies of all correspondence appertaining to you between any DCa and RBS.

and any letters of assignment or information regarding assignment to/from a DCA.

 

 

lay it on thick that the FOS are none to pleased you raised such a serious complaint without first gaining all the statements etc FIRST.

 

 

and that you've been told by the FOS that they will demand it from RBS if you don't get it

as they feel RBS or their agents are being rather obstructive in the matter

as the complaint has been running for XX months.

[openwater]

Very comprehensive Dx, thank you.

 

I'll make the call tomorrow.

 

It's strange, I'm never nervous or anxious in these situations - but for some reason I am with this one. It feels as though almost a year of work has come down to this call.

 

I'll have your comments by my side when I make the call to guide me.

 

I guess I'm just surprised they're asking me to be specific about stuff I'm a bit unsure of myself. It is going back 15 years after all.

 

Is there one over-riding mindset I should have during the phonecall in regards as to what I'm trying to achieve from it?

[openwater]

Dx?.... Your assistance is required please!

 

I had set aside time this afternoon to make the aforementioned call to RBS re the SAR - then 10 minutes ago receive this Email from the FOS (specifically, the adjudicator);

 

'Dear Mr. XXXXX,

 

Further to my previous Email, RBS has said that there's not enough evidence to agree that you've overpaid the debt.

 

The ombudsman considering your complaint has noted that you've done some Subject Access Requests. Can you please confirm when you expect to receive these? The ombudsman would like to consider this information.

 

Yours sincerely,'

 

I'm not going to waffle here Dx. Things are coming together.

 

1. How would you suggest I respond to this latest mail from the FOS? Should I mention for instance Capquest ignoring the SAR thus far?

2. Should this latest development from the FOS effect the content of the call to the RBS SAR mob?

 

I'm biting my tongue here and repeating 'KISS' over in my head....

 

I look forward to hearing back from you asap Dx

[dx100uk]

thank you for you email.

 

 

I sent two subject access requests on date

 

 

one to cabot

and

one to RBS

 

 

on date I contacted cabot

they indicated that they could not comply as the account was in the process of being return to RBS

and they no longer had the right to access my data.

 

 

I have received various letters from XXX at RBS [scanned copy attached to this email]

 

 

I am in the process of contacting him this afternoon by phone

to outline my requirements

and to enquire if they have the missing data held by cabot

now winding its way back to RBS.

 

 

I must confess I am getting a tad frustrated with this elusive data

that will I'm sure prove overpayment, as has been indicated in the letter XXX from XXX before

 

 

it is as if someone is try to obstruct my rightful attempts to reclaim the overpayment

that I am quite confident I made.

 

 

regards

 

 

xxx

[openwater]

Rodger that Dx - and thanks for replying so quickly.

 

When this is all over I swear I will, somehow, get that pint to you

 

I'll use your template to the letter, then call the RBS SAR mob.

 

I'll keep you updated as ever.

 

Thank you again Dx

 

Hi Dx,

 

OK, firstly, I didn't get round to calling the RBS SAR mob today. That'll need to wait til tomorrow.

 

I did reply to the FOS using your template reply.

 

One other odd thing happened today and I'd be keen to hear your thoughts.

 

The postman came with two letters for me today. Both from Capquest and both statements of payment. The odd thing about them is;

 

1. One is dated 19/09/2015 - the other 22/09/2015 - but both statements are identical. They've just sent the same statement twice. Isn't this in breach of the Data Protection as per your previous comments?

 

2. More puzzling than that - the footer of their covering letter has their HQ address. And would you believe it.... it's the same address I sent the SAR to?

 

I'm not sure what to make of any of that but in addition to all of the above, the statements I did receive from Capquest are interesting too....

 

I remember that Capquest always claimed I had 2 accounts with them, one of which was paid off (no comment....) - so these statements they've sent are only for the one account. I had expected the statements to show 'chunks' of payments, as that's what I'd been told by a manager there several times over the years (i.e. Wescot collecting a few payments at a time, then sending them back to Capquest - via RBS - in chunks). But the payment breakdown isn't like that at all....

 

For instance, all the payments should be in multiples of £20 (as that's what I paid per month) - but they're not. There's ones for £44.73, another for £27.60 etc.. etc - it doesn't make sense.

 

In addition, the statement has a column labelled 'Method' (i.e. Method of payment) - in every box in that column the word 'Unspecified' appears - i.e. origin of payment not specified.

 

And in the last column along, labelled 'Comment' there's a variation of some kind of code/ abbreviation. For example 'DP', 'SUN', 'INT', 'ERRD' - do any of these abbreviations make sense to you? Anyone?

 

As always, your comments are VERY welcome Dx - more now than ever....

 

Thanks in advance

 

Hi Dx,

 

Im still awaiting your comments from my last post my friend? Does any of the stuff I've stated in it make sense or suggest anything to you?

 

In addition and to keep you up to speed,

I had a long chat earlier this afternoon with the SAR administrator at RBS.

 

 

I used the points from your post to keep me right but in truth, she was actually quite pleasant.

 

 

I would say helpful too - but she seemed more confused than I am about it all.

 

 

I ended up explaining as best I could the bigger picture to her.

She was pretty aghast at my story but did say she would do everything she could to help

- though the issue of time did come up and with it, her potential inability to gather information

that would've been of significant importance to the case

- because they (RBS) no longer hold it???

 

So now - I just shut up and wait?

[dx100uk]

you need to wait yes

 

 

dx

[openwater]

Hi Dx / Guys

 

I've heard nothing back since my last mail. Nothing from the RBS SAR individual nor FOS. I'm getting a little impatient (and their '40 days' are up) - what's going on??? Do I still sit tight???

 

Meantime, I thought I could put something else to you. You remember me telling you weeks ago about Capquest denying they'd eceived my SAR because I sent it to the 'wrong address'? Well an update here...

 

Last week I received statements through from them (requested an age ago and not really relevant now) - but the footer of the headed paper it arrived on had the same HQ address as I'd sent the SAR to. This is in addition to me already being told (by a Capquest advisor) that all their mail is forwarded from the HQ address to the newer addresses.

 

If not evidence enough, today I received a letter from Royal Mail who conducted an investigation into the whereabouts of the SAR. They have confirmed that the SAR was, as I had advised, signed for upon delivery and more importantly - then FORWARDED to an address in Farnborough - i.e. Capquest's 'other address'.

 

So know I'm as sure as I'll ever be that Capquest did receive my SAR and completely ignored it.

 

My question; should I relay this information onto FOS?

 

As always, ANY comments appreciated!

[Old Cogger]

If SAR is late then report to ICO