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tiggersmum v RBOS


tiggersmum
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Feb 9. Sent SAR for 5 years statements on 4 RBOS accounts (now closed)

Feb 21. Statements arrived for only one of these accounts..total

charges £902

March 28 Wrote asking for rest of statements (never arrived)

April 5 Sent template letter asking for refund of charges

April 16 Sent "non compliance with SAR" requesting missing statements

April 12 Had letter from Sandy Watt acknowledging recent of letter requesting refund of charges and "we are currently considering your claim and will respond to you as soon as possible"

 

 

Hope I've got all this right. Some of my timescales (sending further request for statements more than 40 days) are a bit behind as I have been in hospital.

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Thats ok, you are doing fine.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Well, its amazing how a little threat works! Have now received 2 more sets of bank statements and just one more to come before I report the RBOS for failing to comply with my SAR request.

And, from my own personal account, have added up another £434 in charges to add to the £902 on the joint account.

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  • 2 weeks later...

No reply to my Prelim letter yet so they are past their 14 days and a few more.

Today I will be sending my LBA.

Is it necessary to calculate the overdfaft interest at this stage? I know the template letter says that the amount calculated is charges plus interest but I was going to cross that out.

To be honest, I've never used a spreadsheet before and I'm scared I mess it up.

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Yes, you should calculate the overdraft interest at this point.

(Actually, shouldn't it have been included with your prelim? anybody?)

 

Be careful that the interest you claim is DIRECTLY ATTRIBUTABLE to penalty charges, though, and not just normal borrowing......it's a minefield. (And why I didn't bother claiming it.)

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Thanks Hydrauk.

If I don't bother calculating the interest at all, will it make any difference to my claim (apart from me getting less back...lol)?

Don't really feel like picking my way through minefields at the moment.

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Having looked at my own overdraft interest only, in my case it was such an insignificant figure it really wasn't worth the effort. Amounting to a couple of hundred, possibly, stemming from over £8.5k in charges.

 

That's not to say your situation is the same, but I would imagine that the overdraft interest element would be quite small in your case. However, it is your money and you are free to persue it, if tis worth the effort.

 

Regards

 

Phil

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  • 2 weeks later...

The 14 days for RBOS are nearly up for RBOS to respond to my LBA.

Funny thing is, yesterday we received another set of statements, all duplicates of the ones received before in mid April following my letter of non compliance.

I think the RBOS are losing it.

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OK. So now I know they're losing it.

3 letters arrived today from Joyce Tudor in response to my S.A.R - (Subject Access Request) apologising for the delay (2 duplicate sets already received) and saying they will be here as soon as possible.

 

Nothing in response to my LBA so I am going to email Ms Sandy Watt to ask whats happening.

Could anyone tell me what information they gave her to be able to trace the claims? All our accounts with RBOS were closed last year so I'm not worried about security!!

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If they havent responded to your LBA which should state within it, something like 'You have 14 days to respond or else I shall resort to the Court system with no further communications', then file your claim.

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I decided to email Sandy Watt and received a reply to say that an offer had been sent out on April 12 and could I confirm that it had not been received.

I emailed back to confirm that we had not received the reply but (and this was probably a booboo) said that we had received duplicate statements and 3 letters from Joyce Tudor to say more statements were on their way....even though they have already arrived.

 

This email then arrived:

 

Looks like you are being dealt with by both this Unit (CRU), and also by our

Regulatory Risk Dept, where Joyce works.

 

I can send you a 'duplicate' copy of our offer, but if you are still

awaiting historic statements, are you likely to make a further claim, based

on these?

We would rather deal with your claim, based on one overall figure, rather

than, several covering different periods.

 

Regards

 

Sandy Watt

 

I will be making a claim on my own bank account which total about £400.

The 2 claims total just under £1500 (we live in Scotland so just fit into Summary Clause I believe)

Also, one claim is for a joint account and the other is for me so should they be treated seperately anyway?

 

Can we just ask for this claim to be settled first? The claims do not cover different periods, the claims cover the same period of time but on different accounts.

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