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RBS Refusal to provide me with past credit agreements

13

Comments

  • Bill123_2
    Bill123_2 Posts: 26 Forumite
    Yes just this very min emailed them with an update, and am writing annother letter to the Rbs telling them that I am informing the ICO AGAIN:mad:
  • di3004
    di3004 Posts: 42,579 Forumite
    Bill123 wrote: »
    Yes just this very min emailed them with an update, and am writing annother letter to the Rbs telling them that I am informing the ICO AGAIN:mad:

    Good for you.
    I Hope they get straight back to you tomorrow, if not maybe ring the ICO as well.

    Good for you Bill, keeping on top of things, with a bit of luck your letter should shift them.;)
    The one and only "Dizzy Di" :D
  • willo65
    willo65 Posts: 1,012 Forumite
    Bill123 wrote: »
    They cant decide not to sendd me information because they want a fee off me without actually telling me they want a fee, it doeasnt add up. Surely all they would have to do is ask?? There is no other explanation than they were breaching data protection, and trying to pull a fast one. The Information Commisioner has rang them and told them theu ate in breach, to this they have told them that my past credit agreements have been posted by special delivery to me, (obviously posted after the conversation with the informationcommisioner). HA HA, they missed the bit out that they sent me a letter saying they were not obliged!!! Semms like there is abit of lying going on somewhere:) Anyway, Ive got a special delivery awaiting my collection at the post office:) Semms like my persistance has paid off. DO NOT TAKE WHAT THEY TELL YOU AS GOSPEL-Thats what Ive learnt, Im escpecually interested as to what I will find after their shennanigens!!:beer:

    Ill keep you posted

    So you didn't send your request in a complete form ie including £10 cheque. Because you made a mistake you can't blame someone else.
  • Bill123_2
    Bill123_2 Posts: 26 Forumite
    No thats not what Im saying at all. You dont have to send a payment for credit agreements. You do for bank statements, not credit agreements. Ive made no mistake, Ive checked out this out with the Info commisioner. Any one care to back me up? I dont want other people having to shell out when they dont have to.
  • willo65
    willo65 Posts: 1,012 Forumite
    Does anyone know the answer to this? I am intrigued, as far as I was aware you are given a credit agreement when you take out credit if you want a copy then the company could charge you if they wish or refuse to provide it without a disclosure request and having to pay £10??
  • di3004
    di3004 Posts: 42,579 Forumite
    willo65 wrote: »
    Does anyone know the answer to this? I am intrigued, as far as I was aware you are given a credit agreement when you take out credit if you want a copy then the company could charge you if they wish or refuse to provide it without a disclosure request and having to pay £10??


    Hi there

    To what I know of if you make that payment they "must" supply you by law ALL the information they have on you, on accounts going back as far as 6 years.
    For all the information that an SAR requests there is generally a charge, however, some companies maybe more lenient and may provide details free of charge, but you may not receive everything like you do within a SAR.
    But again when there is a payment enclosed they really should comply, if they do not the Information Commissioners Office can get involved.

    This is to what I know of, others may have different views on this.;)
    The one and only "Dizzy Di" :D
  • Whenever i've requested information under the data protection act, I have sent a cheque for £10 as this is the maximum anyone can be requested to pay and if the company involved requires the payment, sending it with the request speeds up the process.
    ANY information requested under the data protection act may be charged for.
  • Your getting confused between a Data Subject Access Request - which is a request for all information held in which you are personally identifable - this costs £10, and your rights under the CCA to receive a copy of the credit agreements which costs £1 each. Most firms will not keep a copy of the specific credit agreement that you signed - especially if the loan has been repaid.

    You will probably not receive all the information that they hold - as you have to be personally identifiable within that information - so a piece of paper with just Mr S Smith on it isn't disclosable (because it would be argued that there are hundreds of Mr S Smiths) but if it has a reference number / account number on it as well, or some address information then this would be enough to make it disclosable
  • di3004 wrote: »
    Hi there

    To what I know of if you make that payment they "must" supply you by law ALL the information they have on you, on accounts going back as far as 6 years.

    I'd have thought they would supply the information you request and not all information held.
    This 6 year thing. Is that still applicable in Scotland? We could only claim bank charges going back 5 years.
  • di3004
    di3004 Posts: 42,579 Forumite
    I'd have thought they would supply the information you request and not all information held.
    This 6 year thing. Is that still applicable in Scotland? We could only claim bank charges going back 5 years.


    Hi there

    I suppose it depends what SAR template people use..........maybe.

    Glad the £1 copy agreement request was mentioned, I did not and forgot to add that lol.

    I think it may be 5 years in Scotland.;)
    The one and only "Dizzy Di" :D
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