RBS apply erroneous default and compromise mortgage application

[Bill-K]

Re: RBS apply erroneous default and compromise mortgage application

Have you got proof of posting or proof of delivery, Mr. M ?

If not, then I would be inclined to re-issue the DSAR, enclosing a Postal Order for £10. Stop the cheque (if it cost less than £10 to do that !) - AND write to both the Data Controller and the CEO. You need acknowledgement.

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

Bill, you must be getting to know me by know.

I do have proof of postage, it was sent recorded delivery.

Delivery confirmed at 09:58 on the 19th June, received by someone called Drummond.

Taking that into acount should I just write to the CEO and the Data Controller pointing out their failure. Is there a template for that?

[Celestine]

Re: RBS apply erroneous default and compromise mortgage application

Hi Magrew

This thread contains the steps and templates to use should you need to enforce a DPA.

http://www.legalbeagles.info/forums/...ur-information

I was in Court today regarding the compensation for erroneous defaults. We've been adjourned to a trial lasting 3 days but the bank had a dreadful day all in all

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

Celestine,

Ta very much. You must elaborate on the court thing soon. (It's ok, I just found it) I would be intrigued. Your decision may be useful to my case in the end.

One observation, I am in Scotland, I presume therefore that I would refer to the Sheriff Court rather than the County Court.

[Bill-K]

Re: RBS apply erroneous default and compromise mortgage application

Heyy - MRS Celestine !!! It looks like your Lloyds jobbie is really 'going the distance.' Allocating 3 days is certainly confirming your opinion that it looks like it will be one helluva scrap. I look forward to hearing how it went today - sounds good.

Using Cel's link, My own take is:
If you need speed, then go straight to the ICO. You MAY get speed.
If you need precision, then exhaust the prior options first, and write to the CEO and the poor old Data Controller. Pre-Action protocol and all that - don'tcha know ? !!!!!

[Bill-K]

Re: RBS apply erroneous default and compromise mortgage application

One observation, I am in Scotland, I presume therefore that I would refer to the Sheriff Court rather than the County Court.

As a severe Sassenach, I agree that this needs checking out. Alex Salmond may have the best of intentions, but the road to Hell is paved with them,

Dammit.....I'm outta here !!!!

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

If you need speed, then go straight to the ICO. You MAY get speed.
If you need precision, then exhaust the prior options first, and write to the CEO and the poor old Data Controller. Pre-Action protocol and all that - don'tcha know ? !!!!!

I think I will go for precision, I think this approach will also be more beneficial if ti does go all the way to court.

Made a discovery this week as well Bill. Where in Scotland will you find the lowest proportion of Scots to other nationalities? On top of Ben Nevis. Tooks our youngest boy up there a week ago (the poor lad that is the subject to the exclusion case in one of my other threads) and we were the only Scots at the top. There must have been at least 30 Sassenachs and then a random selection of our european neighbours.

[Bill-K]

Re: RBS apply erroneous default and compromise mortgage application

....

I think I will go for precision, I think this approach will also be more beneficial if ti does go all the way to court.
Father time may not be on your side, but if you can make him an ally, then you have yet another advantage. The more evidence you can gather, the stronger your case must become, say I.
Made a discovery this week as well Bill. Where in Scotland will you find the lowest proportion of Scots to other nationalities? On top of Ben Nevis. Tooks our youngest boy up there a week ago (the poor lad that is the subject to the exclusion case in one of my other threads) and we were the only Scots at the top. There must have been at least 30 Sassenachs and then a random selection of our european neighbours.
BITCH !!! Funny, though, innit ? We tend to shun the stuff on our doorstep, and search elsewhere for our thrills. Me - I'm in Selkirk. I've 'climbed' Snowdon, but never attempted Ben Nevis. I MUST do that - if only to reinforce your wretched observation !!!

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

To be honest this case has become more of a hobby than a stressed rush. It has taken so long to get this far that I am content to let it make its own pace.

The facts are quite clear, it will be nice to see what is in their own records though. If it gets to court after Durkin at the Supreme Court that might be to my advantage as well. (oh, and Celestine's case, it looks like it may be very useful as well)

[Bill-K]

Re: RBS apply erroneous default and compromise mortgage application

Put time on your side, and justice will ne'er be denied.

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

Me - I'm in Selkirk

My ex-brother-in-law lives in Selkirk, you might know him he used to be a partner in Selkirk Glass. He lives in a fantastic bungalow beside the tennis courts.

[Bill-K]

Re: RBS apply erroneous default and compromise mortgage application

I know the firm. They should have done well. I know the bungalow - damned nice. overlooking 'Pot Loch.' Didn't know the guy, though.

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

Today I sent a slightly modified version of the letter in the link above. I changed it to Scotify it. I sent the original to the Data Protection Dept and copied it to Stephen Hester. I am very sure that he will take a personal interest once he know it is me.

I have given them until next weekend to respond. Obviously the letter is recorded delivery.

I also finally got around top sending the letter that Davyb had advised a few weeks ago. This one I only sent to Stephen Hester and I have allowed 14 days for response to that one.

Let's see how all this progresses. Regardless RBS have demonstrated unreasonable treatment of my earlier reasonable requests. All meal to the mill as my granny used to say.

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

Well that'sme got to the end of another week and not a cheep from RBS, maybe it will come in the mail tomorrow. If not it looks like I will have to call in the heavies.

You can't set a threat and then not implement it.

[Magrew]

Re: RBS apply erroneous default and compromise mortgage application

i got a response from RBS yesterday. It simply said that since they had made their final response and the FOS had made their final response it would not be appropriate to respond further. No explanation why they have not responded to the SAR.

LOOKS LIKE I HAVE NO OPTION BUT GET LEGAL.