RBS refusing to give me my statements - HELP!!

[isidore]

As discussed in mcuths thread fiesty, have a look at the non-compliance information on this site. If you have sent them an SAR and the 40 days are up, they have not complied with your request. You have rights to take them to court for non-compliance.

 

Providing you have sent them an SAR, then you would then send them an LBA in relation to this non-compliance giving them 7 days to comply before you file in court.

 

 

Do agree with sparkie though, if you haven't previously asked for all bank statements then you might not be able to do the above. It may be worth going through the SAR process again allowing them another 40 days (groan!) but if they go one day over have your next step ready

[isidore]

It would be worth mentioning that you might FILE a court claim but the chances of you actually APPEARING in court are very slim.

 

 

I should also point out, in layman's terms, that submitting your POC (as sparkie says) is what you would do when you file your court claim. Up to that point, you should not claim for Statutory interest. I realise Moneysavingexpert advises to, but it's reasoning for doing so is flawed.

 

The reason you are entitled to claim SI is because you have filed in court, so how can you claim for it before you've filed in court?

 

As for your question on contractual interest.....there seems to be a lot of excitement generated wtih regards to contractual interest from the majority of newcomemers to the site, because they see the massive sums that SOME people have successfully received back but what most people fail to realise is that those that have successfully won CI claims have put in a lot of work, have a water tight argument for claiming CI and have invariably been determined enough to take the time to do the research, to do the paperwork and to argue their corner.

 

CI is not something you will get easily - just by "adding it" to your claim as lots of people often say. Most people who claim for it I expect don't end up being paid it.

 

CI is not for the faint-hearted. I guess you need to weigh up your need for the extra money (which isn't guaranteed anyway) against the amount of work it will take to do.

 

Any more questions, ask away

[isidore]

Fiesty. Always best to put things down on paper. Ok it might take a little longer to resolve, but you then have everything in writing and also it remove the possibility of you getting upset.

 

 

Firslty, I would start with opening an official complaint regarding this to your branch. I would try to include as much of the previous incidents as possible (as above) and the main "theme" of the letter should be how their incompetence has lead to numerous payments being missed and charges being accrued. Tell them what date your payment needs to be paid on, tell them that you require written confirmation that ONE payment will be coming out next month and anything else you need done in order to sort this.

 

I'd also have a check of your credit file to see if they have put any RED dots on it (for missed payments). Obviously if this is their fault you should be looking to have them removed.

 

If you are in arrears by a month, it might worth your while to request that the loan is extended by a month or two and that the arreas is added to the loan but that is your choice.

 

Whilst I know somewhere along the line they have mucked things up, the reason why they insisted on you paying two payments in two weeks is because a payment needs to be paid each month, so if you move a direct debit date, it gets moved to that date in the next month so if you have a dd at the end of the month then move it forward to the beginning of the month, you will always have that issue.

 

Anyway I digress now.....

 

As for the wrong address, send a seperate letter to your branch and to sandy watts explaining that you have reminded them on several occasions that your address has changed and they still fail to change it.

 

If you have moved everything out of your RBS account, try not to get too worked up about it - it's not worth it. The account could after all be left to rot whilst you claim your charges, no danger there. If it does however, you have to realise the implications this has on the loan / credit file, so this also would have to be considered as part of your claim.

 

 

Lots to think about....

 

 

As for your statements, are they inside / outside of the deadline??

[isidore]

LBA seems fine. Head over the to the templates library there is also a Non-Compliance template for claiming in court (if needed).

 

As for your phonecall, as you can see from previous experience, the problem with a phonecall is what is agreed might not necessarily happen. It might be worth writing to them rather than phoning, but it isn't as quick so it's up to you.

[isidore]

Well it really does depend on how desperately you need this money.

 

Really speaking, if you turn this into THEIR fault, they can hardly take your cards off you. That said if they did, you could still draw the money over the counter.

 

If however, that isn't convenient, then you could always have the benefits paid in to your parachute and pay the money in to pay your loan but that could get tricky.

[isidore]

Great letters although bear in mind that you may need to give them 8 weeks to resolve the second complaint in line with FSA regulations. I'm not sure, but might have to....

[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...

[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....

[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

[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??

[isidore]

Hey fiesty, just catching up (lots gone on since I've been away!!).

 

Great news! You are getting some success now. Good luck with the rest. Will be watching with interest.