RBS refusing to give me my statements - HELP!!

[fiestychick]

Afternoon Folks,

 

Ok 2 questions:

 

Re my complaint to the bank about taking extra loan payments - they have lefta message at home asking me to call them. I don't really want to do this as I am worried I will get flustered or beated down by them or that they will agree something that fails to materialise again. Despite this it may be the best way to resolved the complaint - what do you think peeps?

 

Second: This is regarding my LBA for non-compliance

I've been reading some other threads and I'm wondering if this issue should have been passed onto the Information Commissioner by me before issuing the LBA? Im concerned about a few things if this should get to court stage:

 

1) My letter requesting statements was just a brief request (issued before I found this site) and was not sent recorded delivery HOWEVER I did receive half my statements from RBS - so does this not count as it being received but not adhered to?

 

2) I made a number of calls etc after this and received another set of statements (the same ones) - if necessary would I use my phone bill in court to prove I had made calls to the bank (although thinking about it some of these calls were made from work......)

 

3) I then received a letter from MS. Watt advising statements have been ordered (no timescale for delivery) - can RBS say 40 days began from when she received my complaint?

 

I have Sandy Watts email - would anyone advise mailing her and asking if she had received the LBA and giving her the option to resolve this prior to filing in court?

 

Thanks everyone

[fiestychick]

Grrrrr.....still no bank statements. It has now been 72 days sinc SAR. I am considering emailing Sandy Watt to check if received LBA and what she intends to do about it.

 

Do you think this undermines the threat of court action in my non-compliance LBA?

[fiestychick]

Well I emailed Sandy Watt and this is what I said:

 

Hi Sandy,

I wrote to you on 11th April with a complaint regarding my only having received half of my requested 6 years of statements from RBS.

You responded on 28th April advising that you had now ordered these statements.

As yet I am still to receive said information. It has now been 72 days since I issued the SAR and as such I issued a Letter Before Action for non-compliance (addressed to you) which was delivered by Recorded Delivery on 9th May.

Can you please confirm that you are in receipt of the letter, and advise what your intentions are (if any) to resolve this matter before 16th May when I will be forced to file against RBS for breaching Data Protection.

I await your response.

Kind Regards

Fiestychick

S/he (man or woman folks?) replied:

Thank you for your e-mail.

 

With regard to your SAR request, I have spoken to our Retail Regulatory Risk

Department, who confirm that it was they, who originally ordered your

statements.

According to their database, they received your request on 5 March,

statements were ordered on 21 March, with these being sent out by the

Central Service area on 26 March. The Department noted that not all the

statements, had been produced and re-ordered the 'missing' ones on 18 April.

From your e-mail, it is obvious that these were not received. With the

volumes of statements being produced by this central sevice area, there will

be times, when customer's statements are not produced, or are not despatched

on time.

 

From checking our database, our first contact with yourself, at this Unit,

was on 27 April.

Historic statements for your account were ordered from the central service

area on 27 April, with the order acknowledged by them on 1st May.

Unfortunately, these usually take about 2 weeks to be delivered, due to the

volumes they are dealing with. So I would expect that these should be in

your hands any time now. I note that we have ordered statements covering the

last 6 years, so there will be some duplication of those you have already

being sent.

 

I am advised, by Retail Regulatory Risk staff, that they are of the

optinion, that they are not in breach of any timescales, with regard to Data

Protection. Your statements were ordered, and despatched within the 40 day

period, even if this did not include all of these.

 

With regard to your recorded delivery letter, this would be 'signed for' by

the central RBS mail room, prior to be passed to this unit.

 

Regards

 

Sandy Watt

 

I replied (are you bored yet!!!! lol

 

Hi Sandy,

 

Thanks you very much for responding so quickly to my email. I appreciate

that you must be very busy.

 

With regards to DPA, under this Act RBS has 40 days to provide me with all

the requested information. Otherwise, as I'm sure you can appreciate, this

could be abused for instance one statement sent every forty days for an

infinite period of time.

 

However, I am willing to accept your explanation regarding the 2 week

waiting time and will give until 15th May before taking any further action,

 

Again thank you for your response.

 

Kind Regards

 

It made me laugh that s/he says they haven;t breached data protection just cos they haven't sent me all the info!

 

Anyway the email s/he sent was ok I thought and I don't mind giving until the 15th.

 

I'll get there eventually....

 

DONT LET THE BA$£@*DS GRIND YOU DOWN!

[canobeans]

If I remember correctly......British Rail's motto was "We're getting there"...oops what happened there???

 

Oh and.......Illegitimi Non Carborundum:D

[Guest ChloeJane]

Hi there,

 

I did this link last night, so hope it might be of some use for you.

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/85351-barclaycard-r-subject-access.html#post811212

 

Post back after you have read it and let me know what may and may not have been skipped as steps.

 

CJ

[fiestychick]

HI CJ

 

The initial request for statements was not a SAR, as I didn't know to send one at the time, and I didn't send by recorded delivery. However, Sandy Watt confirms in the email that this received on 5th March. So as I understand it RBOS had 40 days from then to provide all the information? If this is the case it has now been 68 days since they received that request.

 

I contacted the office when I received only half the statements (by telephone) and was told to put in writing again. I did so on 28th March and advised I was requesting this under DPA etc. (45 days since this letter).

 

I then sent a further complaint on 11th April when I received copies of statements I already had.

 

I then issed an LBA which was delievered on 9th May (sent recorded).

 

I emailed Sandy yesterday (emails already on this thread).

 

To say I'm getting fed up is an understatement!

[lonelygirl82]

15th may is almost here! I have worked out that 40 days from my data letter being sent away this wednesday means that they'd have until the end of june to give me my statements.

[isidore]

Picking up on a few questions...

 

If you don't want to speak to them regarding the matter, ring them and say so, tell them you wish to have all correspondence in writing for your own benefit.

 

Obviously you've progress things since asking this, but for your benefit....if the original letter wasn't an SAR then you can't use dates from then, only from the date they received your SAR. If they have exceeded the 40 days, they have not complied.....END OF.

 

Sandy is a girl

 

 

Good luck with the it all fiesty...

[fiestychick]

Hiya peeps

 

Well my bank statements have come at last! But.....yet again RBS have managed to send them to my previous address, despite me requesting in writing about 4 times that they ammend my details!!! And the news I read today is that RBS is going to charge customers £10.00 for not providing a forwarding address! Now that's a laugh.

 

Well am just waiting for my mum to open the statements and check they are the right ones. I have a horrible feeling about this.......

[fiestychick]

GRRRRRRRRRRRRRRRRRRRRRRRRRRRR:mad: RRRRRRRRRRRRRRRRRRRRRRR:mad: RRRRRRRRRRRRRRRRRRRRRR:mad: RRRRRRRRRRRRRRRRR:mad: RRRRRRRRRRRRRRRRRRRRRRRRRRRRR:mad:

 

IM SO UPSET I COULD CRY. MY MUM HAS JUST CONFIRMED THAT THE STATEMENTS I HAVE RECEIVED ARE AGAIN THE SAME ONES I HAVE HAD SENT TO ME TWICE. THESE RUN FROM 2003 AND DO NOT INCLUDE THOSE REQUESTED FROM 2001.

 

IM GOING TO FILE ON MCOL ON FRIDAY BUT NEED TO BE SURE ALL IS ABOVE BOARD. THIS IS PART OF SANDY WATT'S EMAIL ON 11/05/07

 

"According to their database, they received your request on 5 March,

statements were ordered on 21 March, with these being sent out by the

Central Service area on 26 March. The Department noted that not all the

statements, had been produced and re-ordered the 'missing' ones on 18 April.

From your e-mail, it is obvious that these were not received. With the

volumes of statements being produced by this central sevice area, there will

be times, when customer's statements are not produced, or are not despatched

on time.....

 

I am advised, by Retail Regulatory Risk staff, that they are of the

optinion, that they are not in breach of any timescales, with regard to Data

Protection. Your statements were ordered, and despatched within the 40 day

period, even if this did not include all of these."

 

NOW I REPLIED STATING THAT UNDER DPA THEY HAD 40 DAYS FROM RECEIVING MY REQUEST (WHICH SHE STATES WAS 5TH MARCH) TO PROVIDE ALL DATA, REGARDLESS OF WHETHER PART OF THIS WAS PROVIDED DURING THAT TIME. CAN ANYONE PLEASE CONFIRM THAT THIS IS CORRECT??

 

BY MY RECKONING THEIR 40 DAYS RAN OUT 14TH APRIL - IS THIS CORRECT?

 

I COULD CRY . I HAVE A 6 MONTH OLD BABY AND A PARTNER WHO WORKS 50 HOURS A WEEK. I BARELY HAVE TIME TO KEEP ON TOP OF THE HOUSEWORK AND RBOS ARE PLAYING ME FOR A FOOL. IM SO UPSET TODAY.

[fiestychick]

Could a mod or someone please help me?

[fiestychick]

Morning

 

RBS have emailed me to advise that as I changed branch in 2003 this is why my previous statements haven't been sent. They say that without my old account number they are unable to find the account.

 

I replied giving them my old sort code and advising I don't have any info from 2003 (hence me asking for my statements).

 

Can anyone give me some advise about what I do next please?

 

Thanks

[tiggersmum]

Hi fiestychick. Just wanted to let you know that you are not alone in having problems seeking your statements! I have had duplicate sets sent to me and today got a letter saying they are on the way. ??????

I don't want any more duplicates...just the ones they haven't sent yet.

For Heaven's sake....they obviously need the extra cash from bank charges to improve their staff training.

[fiestychick]

Hi Tiggersmum (love the name)

 

It's so frustrating isn't it GRRRRR!!!

 

I'm just unsure of what to do next as RBS are now saying my account was closed and a new one opened at my new branch. They say they cant find the account without the old account number (which I don't have). I just don't know what to do next

[isidore]

Fiesty,

 

I'm afraid they are still playing you for a fool.....

 

Ok so you changed branches in 2003, but your account number doesn't change - your sort code might but then they will know the sortcode of the branch you moved from anyway.

 

Personally, I would stop running round for them and file a claim (which you can't do on MCOL because a non-compliance claim isn't claiming money). Try to understand the way the Data Protection Act works.....a company has to disclose all information it holds ON A PERSON - not on an account number. It is their responsibility to find ALL information it holds on you for ALL accounts you have had with them providing you give them enough information to identify you simple as that.

 

If the 40 days are up, they are in breach of the data protection act, they are also giving you false information by leading you up the garden path chasing account numbers and sortcodes.

 

What they are doing is bollox and is simply to stall you. Stop listening to any more excuses and TAKE ACTION. Get over to the library area and find the non-compliance threads.

 

They are getting me annoyed now....

[fiestychick]

Lol T4FF you are not the only one!!

 

I have been emailing Sandy all morning, who to give her her due has been really nice. She advises my previous account was closed in Aug 03 when I changed branches and as such I was given a new account number (my current one).

 

However, she says that a search on the system will only bring up 'live' accounts and they can only find closed accounts with the account number (which I don't have). She advised me contact my old branch as they may have the information. I did that and they said they can only access my current details and that the Service Centre should be able to give me the information (back to square one).

 

The only problem is that on my original request I gave my account number and requested 'all statements for previous 6 years'. Do you think it is worth re-starting and requesting all information held about me regarding charges to any accounts?

 

Any advice is appreciated

 

Love Not-So-Fiesty (morelike FeelingDefeated) Chick xx

[fiestychick]

Ok.....

 

Have been advised to write to my old branch and request that they contact the service centre and get them to find the account so I will do that but in the meantime will begin claim on the statements that I do have

 

fingers crossed for fiestychick!

[isidore]

All these places are all part of the same company, what I can't understand is why you have to do it when surely a quick phonecall here or there would sort things out. Of course they aren't going to be helpful are they?

 

 

I don't understand why your account would be closed and a new one opened just because you changed branches. Are you sure this is correct? Have you checked the first statement you have from RBS? What page number is it? Is the opening balance £0??

 

I'm of the opinion that regardless of the fact you have listed just one account number, they are still in the wrong. The SAR says something like "I require information on my entire banking history with you" and the SAR requires banks to disclose ALL information on the individual.

 

So either way they are not complying. It does not matter you don't have the account number- that is their responsibility.

 

If you ask me, you are giving them too many chances. I can only assume you would rather (either for financial or emotional reasons) sort this out without going to court? Well I would send Sandy a final email telling her that you have been seeking advice on the CAG website and you have discovered the above and that you require them to sort this out within the next week (not you as it is not your responsibility).

 

There comes a point, where you must realise that you will only get this sorted by putting your foot down. Ok it might be stressful going to court, but you are probably causing twice as much stress by allwing RBS to give you the runaround...

 

JMO

[fiestychick]

T4FF - I think I love you!

 

You are completely right and I honestly have absolutely no qualms about going through the court process. The only reason I was a bit concerned is that my first letter wasn't a SAR as such. It just listed the account number and asked them to provide my previous six years bank statements....although thinking about it this is open to interpretation and they should really issue all information they hold about me......

 

hmmm.... me thinks you are right T4FF...I'll have a look at the info about claiming under DPA.

 

I agree also they are part of the same company. If they are dealing with these 'complaints' under the FSA rules and allowing themselves 8 weeks to resolve them then surely they should fully resolve the complaint.

 

Hmm..sod it Im filing. I want my info.

[isidore]

T4FF - I think I love you!

 

Hey steady on, what will the hubby say?

 

If you haven't ever sent an SAR, then you might have a but of a problem, without going too far back through the thread, you have at some point sent an SAR haven't you??

[fiestychick]

Ok bit of an update.....

 

I feel I should be mightily pi$$ed off with the letter I received yesterday but actually I'm giggling manically.

 

Following from previous posts re not receiveing all my statements due to accounts being transferred to different branch I sent the following to my prvious branch (being the delightfully magnanimous person I am!)

 

Dear Sir/Madam,

I write in reference to my not-so-recent request for you to supply all my previous bank statements to me on 28th February 2007.

It has come to my attention that in August 2003 when I changed my main branch from XXXXX to XXXXXX, that my original account was closed and a new one opened at the XXXXXX Branch. As a result of this I have been provided with statements from August 2003 onwards, but thus far have not been provided with anything further.

I have discussed this at length with Sandy Watt in the Customer Relations Unit, and she has advised that I need to contact you regarding this old account and that you in turn would contact the Service Centre and ensure that this old account is located, and that I am duly sent the information I have requested. I am assured that if I provide you with all of my details then the old account can be accessed.

My I take this opportunity to remind you of your responsibilities under the Data Protection Act 1998. As a Data Controller you are required to disclose all information that you hold about me, to me, should I request it. I have already paid the maximum statutory charge of £10.00, and I am still after 12 weeks not in receipt of all the information that you hold.

Whilst I understand that the account was closed in 2003, you are required to keep all information for a minimum of 6 years. If you have failed to keep this information you have breached the Data Protection Act. If you are still in possession of information about me but you continue to fail to disclose it to me you are again in breach of the Data Protection Act.

I feel I have been more than patient regarding this matter, however I also now feel that my patience is now coming to an end. I expect to be in possession of all information you hold about me prior to August 2003, including all charges and transactions on my account, within 21 days. If I have not received this information please be under no illusions, I will be filing at the County Court against RBS for a Breach of Data Protection.

My details as of the closure of my account are as follows:

Name: Fiestychick

D.O.B.:

Address: .

Please contact me on the number listed above if any of the issues raised in this letter are not clear.

Yours Faithfully,

Fiestychick

Pretty clear I thought until I received this in response.......

Dear Fiestychick

DATA PROTECTION ACT - Subject Access Request

We refer to your recent correspondance requesting a complete list of transcations and charges applied to your account(s) under the Data Protection Act. In order for us to progree this request please supply us with the following:

The fee for this service is £5.00 which covers all accounts requested. Please supply a cheque/postal order made payable to 'Royal Bank of Scotland'. We cannot accept cash.

We have a different address on our records. Please advise us and your branch of your new address and when you moved so that we can update our records

Please provide us with a letter containing your signature as we need to verify this in order to release account information.

Joyce Tudor

Retail Regulatory Risk

HAHAHAHAHA - ARE YOU KIDDING ME JOYCE?????!!!!!!

I know this is ridiculously long and probably only interesting to me but here is the response. Any thoughts before I send on Monday?

Dear Ms Tudor,

Thank you for your letter dated 30th May 2007.

Please find enclosed all correspondence I have entered into with RBS since February 2007 when I initially requested my copy bank statements. As you can see I have requested a number of times that my address is amended on your records and have stated on four separate occasions that I have paid £10.00 to cover the fee for providing me with the information I have requested. As such I am stunned by your letter and my already dwindling confidence in RBS as my fiduciary is waning further.

I will summarise the issues I have had with RBS thus far and advise what I require from you:

1) I requested 6 years bank statements from RBS on 27th February enclosing a cheque for £10.00

2) I received bank statements from August 2003 to February 2007.

3) I called my branch and was asked to put my request in writing again – which I did (28th March).

4) No statements received by 10th April so I called my branch again. I was called back on 12th April and advised my statements had been re-ordered.

5) I received a letter from Sandy Watt (28/04/07) advising that my statements had been ordered.

6) On the 8th of May I wrote to Sandy Watt advising that I had still not received my bank statements and requesting my address changed for the fourth time.

7) On the 17th May I received yet more copies of the statements I already had been sent comprising August 2003 to February 2007. I entered into dialogue with Ms Watt via email and I was advised that my original account with RBS was closed when I changed from the Runcorn branch to the Huddersfield branch in 2003. She advised me she was unable to provide my previous account number, but advised me to contact my old branch (Runcorn) to request this.

8) I issued a letter to Runcorn RBS on 23rd May advising of the above and requesting my statements.

What I Require:

It has now come to my attention via the Consumer Action Group, of which I am a member, that I am within my rights to claim back all charges levied on my accounts with RBS. As such I require that you supply information regarding charges levied against any accounts I have had with RBS. It has already been a total of 94 days since I requested my bank statements and RBS is in serious breach of the Data Protection Act. As I advised in my previous letter 23rd May, I have thus far been extremely patient and I have allowed RBS extra time to provide the information I require in light of the information I have been provided regarding the switch over of my account. My patience however is now at an end, and your letter appears to be yet further proof that RBS does not know what it is doing with regards my request.

I issued my last letter on 23rd May 2007. This was confirmed as delivered by Royal Mail online tracking on 30th May 2007. I advised in that letter that I would give RBS a further 21 days to provide me with the information I have requested before I file proceedings with County Court for your breach of Data Protection. This would give you until 20th June to provide said documentation.

In response to the issues raised in your letter you advise that there is a fee of £5.00 to provide the information I requested. As I have already paid £10.00 (although I haven’t received the information I requested) please provide me with a refund of £5.00.

I look forward to your response.

Yours sincerely,

Fiestychick

Honestly you couldn;t make this up could you!

Well peepies hope you are all having a delightfully fabulous wekend

Love Fiestybird

 

[fiestychick]

bump

[Sparkie1723]

Hi fiestychick,

 

There is nothing you can tell me about Joyce E Tudor, nothing at all ......data controller......she coulnd'nt control a fixed one horse race.

 

sparkie

[Yanni]

Hello fiestychick – just read your thread and can only advise you to be patient with the poor RBS Customer Relations Unit peeps – the pour souls are being run off their feet with all us moaning minnies demanding decent service from our bank – I too had a bit of a problem getting copies of my statements from the CRU of RBS – I asked for copies of both my accounts, Current & Royalties going back 5 years (I live in Edinburgh so can only go back 5 years under Scots Law) – I got my Current ok but some months were missing from the Royalties copies but kept pestering by phone (only a local call for me) and by letter until I got all 5 years for the Royalties – 3 sets of copies in fact all arriving by the same post!!! – a bit like buses I suppose, nothing for ages then 3 all at once – and I never paid a penny for them, just asked politely.

 

My main grouse against RBS is not so much about getting my “penalty” charges refunded, although I am claiming them back now, but is another matter which is too long and complicated to go into here but my first letter of complaint to them was sent on 1st August last year, i.e. 10 months ago, and I heard nothing for months from them, I half hoped they had forgotten all about me but they came back offering me a deal which I have refused and so my complaint has still not been resolved to my satisfaction although they appear to have conceded that my grievance may be justified but I don’t want to say too much at the moment.

 

I would advise you to conduct as much of your dealings with the Bank by letter or email, preferably by letter though, always keeping copies and keep any phone contact to an absolute minimum and do not conduct any business at all by phone, it can be too easy to forget the actual details of a phone call - if they phone you about something, ask them to put it in writing and, without being downright rude, be abrupt as possible. Although most of the peeps at CRU I have spoken to have been polite and friendly enough, it is all too easy to say something which might prejudice your case, especially if the other person is being friendly and helpful – keep everything on a strictly business level – a good idea is to remember the words of Michael Corleone (Al Pacino) to his brother Sonny (James Caan) in The Godfather, “It's not personal, Sonny. It's strictly business.” –

 

Anyway the best of luck with your battle, be patient as I have said previously the CRU of the RBS, as with most banks, must be in near meltdown just now and I suppose it can only get worse for them, and us as regards getting things done, as more and more peeps start claiming the charges be refunded and, if the OFT deem that the level of the charges has been excessive, then they will be engulfed.

 

Keep on trucking

 

Yanni

[fiestychick]

Many thanks Sparkie and Yanni for your replies.

 

Sparkie, am still waiting with baited breath to hear the good news that Sparkie has WON (hope I don't pass out!).

 

Yanni, how are you doing with your claim - any luck so far? all the bst with it x