Thread: Bean's Timeline (Hitachi Capital)

Hello all,

I have other claims running, with Lloyds TSB. Starting a new thread here as I have just sent a Data Protection Act Subject access request to Hitachi Capital Consumer Finance.

Contact address:
Hitachi Capital Consumer Finance
City Exchange
Albion Street
Leeds
West Yorkshire
LS1 5ES

I wish you all a speedy recovery of everything the law says you are entitled to.

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Hi bean. good luck to you!

Thanks cillitbanger,

Rolling out those Data Protection Act requests now,

Good luck with yours

Hi there have you had a response yet? I sent mine a couple of days after you and have heard diddly squat. Was considering sending them a 'nudge' letter. This company is the worst one I have dealt with on everything so far, ie customer service, so I am fully expecting the same treatment for this process!

Hi misspickles,

I have heard nothing yet, but that's no particular surprise. They have 40 days to respond.

For others, I have prompted by e-mail at about the halfway point so I will see if I can find an email address and prompt them.

Good luck progressing your claim,

Originally Posted by blacksheep1979

This company is appauling - they put a CIFAS warning (fraud) on my account - wrongly I may add as they had some wrong details about me. Now they refuse to remove it and won't issue me with a final response letter so I can take it to the CIFAS body themselves...

I hope you quickly get your account/credit register back to a true and accurate record of what it should be. I may be wrong, but I think the content of this site will ultimately expand to take on issues of misrepresentation/defamation/etc., arising from unlawful penalty charges, etc.

Originally Posted by blacksheep1979

...- I hope you manage to bleed them for every penny Good luck

No question of bleeding anybody. It is my money, the charges are unlawful, so I want it back.

Good luck resolving matters.

Thanks blacksheep1979, it's time the nonsense of these charges ended. The costs of running a bank should be proportioned appropriately, not heavily loaded onto one area.

Good luck.

Data Protection Act Subject access request sent 8 July 2006 by recorded post, delivered 11 July 2006.

I phoned 14 August 2006 to prompt them to respond as it is in neither of our interests for them not to comply with the 40-day compliance period of the Act.

No data to date so I phoned again to find out what's going on. They are looking into it, to see whether my request has been processed. By my reckoning they had till yesterday (20 August 2006) to respond.

Still no data, at 42 days.

By phone yesterday they said they had sent my data out last Friday, 18 August 2006.

We shall see what, if anything, turns up.

Hi bean

they are messing me around as well . . I sent the non compliance letter giving them 7 days or else so hopefully we will both get a response this week . . what an awful company

Hi Bean any news?
Miss Px

Hi misspickles,

Nothing at all from Hitachi Capital yet.

I have just phoned them and they tell me that my statements were posted on Friday 18 August 2006 (as they said previously) but have not have arrived. They will re-order the statements and send to me.

I will send them the 7-day letter to encourage them to send my data.

I have sent a letter before action regarding non-compliance with Data Protection Act Subject access request. It is based on a bank template letter but also covers reference information that I will find useful when making a complaint:

"Hitachi Capital Consumer Finance
City Exchange
Albion Street
Leeds
West Yorkshire
LS1 5ES

7 September 2006

LETTER BEFORE ACTION
Section 7 – Data Protection Act 1998

Dear Sir/Madam

AGREEMENT NUMBER: *********

You have failed to comply with my Data Protection Act Subject access request dated 8 July 2006 which was sent by recorded post and received by you on 11 July 2006.

I demand that you comply with my Data Protection Act Subject Access Request. If you do not comply within the next 7 days, i.e. my data to be received my me by Saturday 16 September 2006, I shall without any further notice seek a Court order obliging you to do so together with damages at the discretion of the Court.

I prompted you for a response by telephoning you for the first time (on 08708-508-116) on 14 August 2006 when J* told me that he would e-mail the relevant person to contact me. No-one called me.

I prompted you for a response by telephoning you for a second time (on 08708-508-116) on 21 August 2006 and was told that someone would phone me back about this.

As I had not received a phone call from you during that day, I phoned for the third time and at 16:50 was told by J* that my statements had been sent out on Friday 18 August 2006. I did not believe it was true that my statements had been sent out on Friday 18 August 2006, but decided to give you the benefit of the doubt by waiting at least 5 days for the postal service to deliver.

I was away for approximately ** days around the end of August 2006 and as I expected, on my return found that no statements had arrived in my absence.

I phoned for a fourth time (on 08708-508-116) at 10:00 on Monday 4 September 2006 to tell you that my data had not arrived. R* said that he would re-order my information and have it sent to me first class. Based on past performance, I did not believe this would arrive promptly and have unfortunately been proved correct. Hence this letter.

Incidentally, on each of the four occasions I telephoned, I had to wait for a period of ten to twenty minutes listening to your automated phone messages before a real person spoke to me. Thankfully I am not now a customer of Hitachi Capital Consumer Finance, but regardless, I still find this poor level of performance on handling telephone calls to be unacceptable.

I have posted thousands upon thousands of items by Royal Mail during my lifetime. To my knowledge, I can count on one hand the number of items that did not arrive at their intended destination so I am highly sceptical of your claim that you sent my data on Friday 18 August 2006.

IF you sent my data on Friday 18 August 2006, you were sending it 38 days after my Data Protection Act Subject Access Request, very close to the statutory 40 day limit, and should not have relied on regular first class post. You should have used recorded post, as I have for all my correspondence with you.

This raises two important issues:

1. That even now, 58 days after my Data Protection Act Subject Act Request arrived at your office I still do not have my data.
2. That either you are lying to me about sending my data OR that the data which you say you sent on Friday 18 August 2006 is lost somewhere in the postal system and therefore potentially open to misuse by any unknown party for purposes such as identity fraud. Exactly how have you demonstrated data protection here?

At my earliest convenience, I shall be contacting the Information Commissioner about this matter.

I also ask that you notify me in writing with a contact name, telephone number, e-mail address, and postal address for your complaints department so that I may fully inform them of this matter.

I ask you to ensure that my data is sent to me in packaging sufficient to protect it in transit. Additionally, I recommend that you use recorded post to record and guarantee delivery.

Yours earnestly,
Bean"

Non-compliance with Data Protection Act , i.e. 7-day letter before action, was sent first class by 'signed for' post last Thursday, 7 September 2006, but online track and trace still does not show it as delivered.

Originally Posted by Bean

Non-compliance with Data Protection Act , i.e. 7-day letter before action, was sent first class by 'signed for' post last Thursday, 7 September 2006, but online track and trace still does not show it as delivered.

Online Track & Trace still not showing as delivered, but I phoned Hitachi Capital to ask if they had progressed this regardless and was told that they received my 7-day letter yesterday, 13 September 2006.

I was told my data will be sent by first class recorded delivery today.

My Hitachi Capital data arrived today, 69 days after my Data Protection Act Subject access request reached their office!

Contact details on the response are:
Business Support Unit
Hitachi Capital Consumer Finance
2 Apex View
Leeds
West Yorkshire
LS11 9BH

Tel: 0870-850-8116
Fax: 0870-235-9579
Hitachi Capital UK PLC - Financial Services

Charges total £207. I have yet to calculate the interest.

A 'Preliminary Approach for Repayment' letter will be heading their way very shortly.

Your post is in the wrong thread, and seems to be a private message for someone. Please remove it.

Done