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

[SabreSheep]

You can forward a complaint to the ICO via email and attach images of letters and proof of postage and delivery etc

 

What you could do here now is send RBS a Letter Before Action stating that if the Full SAR information requested is not with you within 7 days of receiving this letter then you will complain to the ICO and or commence legal proceedings for which they will bear the costs.

 

*IF* that time expires, commence a complaint online with the ICO

[Old Cogger]

Hi Old Cogger

 

Thanks for the reply.

 

I have two outstanding SARS (as this thread will explain in great detail!) - one with RBS (which I have been contacted by them regarding) and one from Capquest who have completely denied ever receiving the initial letter.

 

Question; Do I contact both, explaining my concern with each, or - do not entertain them and contact ICO directly?

 

Thanks Sabresheep for the reply,

 

I would put my previous question to you too however - contact the parties involved (a kick up the backside) - or directly to ICO? (your comment re advising them that is my intent has been noted)

 

all correspondence Recorded Delivery & attach RM Receipt to each copy of your letter, then ICO can have copies of evidence. HSBC got a rollicking albeit they so called instituted new info to their inmates (Oppps sorry Employees) to adhere to regulation time scales! which I under stand still not complied with!

 

Basically advising them is out of line, if they fail regulation so be it and ICO will note incidence and respond, if they are late then straight to ICO and give evidence.

 

do not do their job for them

 

Understood there. I think that last sentece summed it all up nicely - 'do not do their job for them' - good line.

 

Thanks again for the response.

 

Best wishes,

 

Openwater

[openwater]

Hi Guys (Dx - are you still out there buddy?),

 

I have now received SAR response from RBS. I am not impressed by it.

 

It stretches back to 1994 but contains a lot of irrelevant stuff e.g. already-closed account statements etc.

 

The covering letter is probably of most interest;

 

'As per our telephone conversation on 25th September, I explained we have a retention policy of 6 years and so may not hold your requested personal data as far back as 1999. Although I have sourced and provided an accounts summary which includes an opening date as far back as 1994, I have been unable to source any information from this period.

 

Additionally, I can confirm that we do not hold any data in relation to the Debt Collections Agencies you mentioned.

They are independent data controllers and as previously discussed you should send a request for their data to them directly.

 

I have included statements for all accounts from the date of opening to closure

apart from loan account XXXXXXX; this has been ordered and where available will be sent in due course.'

 

I probably don't have to tell you guys that the loan account referred to is the loan account that got me into trouble

- and effectively set-off the DCA's.

 

The date on the reply from RBS is 14th October. I have heard nothing more since.

 

Should I be contacting them to chase for this mysteriously lost information on the loan account?

 

Isn't this getting just a bit too ridiculous - the only real information I need is unavailable?

 

Should I be advising FOS of this? (Who, at last contact, requested I do get back in touch when SAR replies are received)

 

In addition

- and I don't have a scanner or I'd upload for you guys to see for yourself

- RBS have also enclosed some 'internal' notes they had on me.

 

 

They refer specifically to my initial letter of complaint over a year ago, whereby I asked - demanded - they furnish me with specific information.

 

 

It details what their internal investigation DID show up but WAS NOT passed onto me

(they rejected my complaint based on the 6 year time barr rule).

 

 

I'll quote the most pertinent part;

 

'Details of Investigation:

Default notice issued 14th February 2002, formal demand 25th March 2002. No balances quoted.

Notes 5th July 2002 states letter sent to customer asking for Income and Expenditure, no response therefore agents instructed.

Archive notes show debt then sold on to Capquest in 2006 but then bought back as Wescot dealing and receiving payments.

Archive note 31st January 2012 states that the opening balance when loaded onto system on 2nd February 2004 was £3,489.42.

The information requested by the customer in regard to accounts held and balances prior to agents is not available due to time passed.

 

Issue Decision: Poilicy Reject'

 

On this part specifically,

RBS are quite obviously aware that I had a d/d arrangement in place with Wescot since 2004

(which I did not default on at all in the following 11 years),

and therefore KNEW that Capquest had been instructed to 'chase me up' in 2006 (ILLEGALLY???)

- but chose not to advise me of such?

 

In addition, it is not stated in these notes but Capquest had continued to persue me in the years that followed,

right up until March this year i.e. 9 years of threatening letters, and phonecalls to both me and my family members (including my 88 year old Grandmother )...

.. but RBS still, to this day, have not acknowledged this colossal error????

 

You guys can probably tell I am very much in need of some advice.

 

This has been going on for over 11 years.

 

The FOS has been involved for over a year.

 

I've made so much progress with CAG help and now I'm within touching distance of a resolution in my favour....

 

Guys - your opinions please

[dx100uk]

I would copy this to the FOS.

[openwater]

Hi Dx

 

Literally copy-and-paste?

 

- and for me to understand, which part do you see as most relevant / with a view to what?

 

Hi Guys,

 

Just to keep everyone - in particular Dx - informed of the situation to date.

 

As advised, I Emailed the FOS with the information as per my last post and am awaiting a response.

 

 

However...

 

I noticed yesterday that my bank account had a cheque cashed against it on the 26th of this month.

It was the cheque I'd sent to Capquest as payment for my SAR

- which was served to them almost 3 months ago.

Literally unbelievable, I know.

 

I called Capquest tonight to ask what the hell was going on.

Keep in mind that I was first told (a month after sending the SAR) that I'd sent t it to the wrong address.

 

 

Then I was told (all by Capquest) that the account had been recalled by RBS

and they no longer had the legal right to provide me with the information as it no longer belonged to them.

 

 

When I called tonight, before having a chance to say a word,

the advisor I spoke to said (verbatim) '.

 

 

..I see you're calling with regards to the debt that Capquest legally own with respect to RBS'.

I asked the guy to repeat what he'd just said and he did

- they still have it on their system that they 'own' this debt.

 

If anyone was ever in doubt as to how shoddy this outfit are,

I hope this again demonstrates their complete and utter incompetence.

 

My question, for anyone who can advise me,

is now whether or not I should entertain this crowd (who have said they will investigate and reply to me before Monday 5pm)

- or simply relay this latest farce onto the FOS and let them take charge?

 

 

And also, how serious, legally, is it that 3 months after actioning the SAR

it seems only now Capquest are seemingly attending to it

(40 days was what I was told was the maximum time they had to reply)?

 

Any advice, as ever, would be very much appreciated.

 

Thanks in advance guys

[dx100uk]

best let it run and use these for your log.

 

 

dx

[openwater]

Interesting viewpoint Dx.

 

You don't think the FOS would be interested to hear about the Capquest shenanigans then? I assumed this was (yet another) major factor in my favour, no?

[dx100uk]

these issues are coming via you phoning a DCA

 

 

unless you are recording the calls

sadly its worthless info.

 

 

dx

[openwater]

Unless I requested all I was told to be sent to me in hardcopy?

 

Oh, should've also said - the call has been recorded too (smart phones - great piece of technology!)

[tentimes]

Any news on this? I have been following it and after all that is happened it would be great to have a conclusion.

[openwater]

Hiya,

 

I don't think we've come across one another debtcollectors4cash - what's your interest if you don't mind me asking?

 

No worries, I'm not holding out on anyone!

 

My final (with hope) Email was sent to the FOS on Friday past and as of yet I'm awaiting their response.

 

I could not sleep at night were I to receive any form of resolution and not inform the individuals who helped me get there so rest assured, the conclusion - whichever way it pans out - will be reported back to all on CAG.

 

Kind regards

 

Openwater

[openwater]

Guys!!!! ADVICE NEEDED!

 

OK, the latest:

 

Email this morning from FOS to thank me for my mail of Friday and to advise my case notes have been updated accordingly.

 

Fine.

 

However....

 

My MOTHER called today to tell me that (get this) the woman who bought her old house had been in contact to say mail had arrived

- with my name on it. So my Mother goes and picks it up.

 

It's Capquests response to my SAR - dated 28th August 2015.

 

 

If you've been following this thread you'll be aware (against Dx's advice )

that I'd contacted Capquest several times over the past few months asking what the situation regarding it was

- and had been told everything from they never received it (I'd sent to wrong address apparently),

to they couldn't disclose any info as RBS had bought back the case and the no longer held the legal right to disclose the info to me.

 

 

This was the information I passed onto the FOS last week.

 

So I guess my question is whether or not I should advise FOS I have received it or not?

Would it help or hinder me?

 

I assume that the first question anyone willing to offer their opinion would ask would be 'well what does it reveal?'

- and the answer is not too much more than I already knew....

 

With the exception of ONE manual entry in my 'notes' dated 29/03/2006 which says (verbatim):

 

'...We purchased on the 14/03/2006 will pass to Scott as not quite sure what to do with this

- XXXXXXX Helpline had sorted payments - the £50.00 is still being paid by D/D across all 3 accounts'.

 

Have they just incriminated themselves?

[dx100uk]

dunno lost the plot

so what information have they incriminated themselves with them?

 

 

dx

[openwater]

Hi Dx

 

The last comment on my post - made by them (Capquest) in their internal notes.

 

It states clearly: '....XXXXXXX Helpline had sorted payments - the £50.00 is still being paid by D/D across all 3 accounts'.

 

This PROVES I did make payments to them like I've said all along.

 

Are you with me?

[dx100uk]

yep sri lots going on from a pers front.

 

 

more updates for the fos then.

 

 

dx

[openwater]

So you think I should update FOS fully then Dx?

[dx100uk]

oh yes

f you sent the SAR from you current address

ie it was on the sar request leter

and these muppets sent it to another

 

 

that's evidence they are purposefully trying to hide things

 

 

and with the fact these payments have now shown their head.

 

 

I think the fos will be very interested...like where my money you fleecers....

I want it back

 

 

dx

[openwater]

I must've learnt a lot from you Dx - that was exactly my train of thought too

 

Thanks as ever Dx - will update as and when...

[dx100uk]

 

I never give up.....

 

I question everything.....

 

rightly or wrongly ......

 

just like a rotty dog.......

 

this smelt from day one......

 

dx

[openwater]

[openwater]

I (WE) DONE IT!

 

GUYS!!!!!!

 

It's taken I don't know how many months but today I received through the post..... a provisional decision from FOS!!!!

 

I wish I had a scanner but I don't - so I've done the next best thing and attached a photograph of each page sent by the fOS in order for you to examine yourselves.

 

A MAJOR achievement for me

 

However - and I'm probably asking for advice for the last time here - I don't think the FOS has gone far enough with the recompense, some of the statements made are (very slightly) factually incorrect - and things like PPI and stuff haven't even been mentioned.

 

My feeling is that the FOS knew my evidence was to overpowering to ignore but too baffling to really get involved with (the figures I mean) and so has just really pulled this figure of recompense from nowhere (or very loosely based on facts). Can I harm my case by suggesting logically that this figure be reviewed?

 

 

refund £630 Overpayment

£10 back for SAr

£1500 trouble caused

 

 

ANY advice, as always, is very much appreciated.

 

THANK YOU GUYS (Dx ) - I'M NEARLY THERE!!!!

[dx100uk]

£2140 for your troubles

 

 

and what do you think it should be and why.

 

 

dx

[openwater]

Well I can't say I'm not happy to have received the offer - but between the notion of 'never accept the first offer' AND the fact that some of the details in the FOS provisional decision are inaccurate (to my benefit) AND things like there's no mention of the PPI etc. at all, I'm thinking I may be able to haggle a better deal for myself.

 

What's your overall opinion, all things considered? You guys have been on this journey with me and I value what you think.

 

Dx? Your the guy that's got me this far - what would you do?

[dx100uk]

well you nor the FOS have mentioned PPI?

so that will be a sep issue.

 

 

dx

[openwater]

Oh I mentioned it several times in my documents to them Dx.

 

The figure they've come up with is actually pretty similar to the figure I was demanding

 

 

I was due between overpayment and subsequent overpayment once recalled.

 

 

They've changed the words quite a bit but fundamentally, the figure they're offering is just about the figure I've proven to them I believe I was owed.

 

 

So really, there is no 'for my troubles' part...

 

I'm keen to hear your thoughts on what to do next.

 

 

Can you haggle with the FOS?

 

 

If I attempt to prove I believe I'm entitled to more,

 

 

could I jeopardise what's already on the table?

 

What's your advice Dx? What would YOU do?