Ok, so I am starting my thread for claiming back charges from HSBC. I have been reading lots of posts and feel I am prepared to move forward. I do have a problem though. In many threads people post links to:

Prelim letter request charges back-link doesnt work, goes to main page content

FAQs- Links dont contain any relevent info on how to start the process

Step by step guide- link doesnt work, goes to main content page

Anyway you get the idea.

I have had an HSBC for nearly 20 years, way back when they were Midlands...I was very young then

So my initial questions are:

1. Is the six years I keep seeing a set in stone time limit? If not how far back can I claim?

2. If six years is the limit, does that go from January of the current year or six years from the date of the claim?

3. Does a step by step guide still exist?

4. Does the prelim letter template still exist?

5. I once had two accounts, one of which is now closed and has been for just under 6 years, but its history goes back roughly 8 years. Can I claim on this account too?

I have every single statement the bank ever sent..without the need to SAR or request the bank to send copies. I am a pack rat So I think I am ready to go!

I was just reading on some other sites, and I just had a reality check. The OFT lost the battle! How is that not on a sticky somewhere here??? Now I know why the links no longer work, ha! Anyway it looks like claiming back charges may be a futile attempt.

Has anyone had any success claiming back charges since the OFT lost its battle?

Hi Mr Z - In answer to your question "Has anyone had any success claiming back charges since the OFT lost its battle" - the answer I thought was NO but if you believe what you read on MSE then it appears people are still being paid out: -

"Some inspiration before you begin

Even after the Supreme Court judgement we continued to receive reports from MoneySavers saying they’re getting their money back... here are just a couple of examples:

I had been writing to the Halifax for several weeks and not once would they accept that the charges were unfair. They sent my final response stating they would not re-charge or pay compensation so I decided to write to the Ombudsman. After a few short weeks they resoponded and Halifax have upheld my complaint and I am receiving a cheque for £1772." Sep 2010

I can only assume the people that are receiving payouts must be in absolute severe financial hardship i.e. only enough money for bread & water each day (no meat).

For the rest of us who have received charges in the past & have yet to commence court proceedings then its a good idea to keep an eye on the excellent work of the Govan Law Centre: -

http://www.consumeractiongroup.co.uk/forum/showthread.php?248268-Sheriff-puts-Bank-of-Scotland-to-proof-on-bank-charges&p=3341383&viewfull=1#post3341383

Get the ball rolling by complaining to your bank now, any questions please ask.

Have a read around this great site.

All the best

Hi Mr Z - In answer to your question "Has anyone had any success claiming back charges since the OFT lost its battle" - the answer I thought was NO but if you believe what you read on MSE then it appears people are still being paid out: -

 

"Some inspiration before you begin

Even after the Supreme Court judgement we continued to receive reports from MoneySavers saying they’re getting their money back... here are just a couple of examples:

 

I had been writing to the Halifax for several weeks and not once would they accept that the charges were unfair. They sent my final response stating they would not re-charge or pay compensation so I decided to write to the Ombudsman. After a few short weeks they resoponded and Halifax have upheld my complaint and I am receiving a cheque for £1772." Sep 2010

 

I can only assume the people that are receiving payouts must be in absolute severe financial hardship i.e. only enough money for bread & water each day (no meat).

 

For the rest of us who have received charges in the past & have yet to commence court proceedings then its a good idea to keep an eye on the excellent work of the Govan Law Centre: -

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?248268-Sheriff-puts-Bank-of-Scotland-to-proof-on-bank-charges&p=3341383&viewfull=1#post3341383

 

Get the ball rolling by complaining to your bank now, any questions please ask.

 

Have a read around this great site.

 

All the best

Hi Fletch2006,

I really appreciate you taking the time to post this. It is encouraging. I have already been charged, so I have nothing to lose right? I suppose if the courts continue to get inundated with these types of claims, there may be pressure for more advocacy from the regulators.

Once I get all the figures totalled up I may come back to you for some further advice.

Thanks again.

I have had quite a few accounts with HSBC over the years.

1. Current account-my name only

2. Current account-joint

3. Credit card

4. Flexiloan

5. Personal loan

6. Managed loan

I am fairly certain that PPI was included in some if not all of these loans. I have every single statement for my current accounts going back 15 years, so I dont really require them to send me statements. I would however like to request all of the original agreements, PPI docs, and statements from the loans and credit cards.

My question is, can I request all of these in one SAR? They are all with HSBC, so presumably they would all be included in a standard request. However after reading a few posts on the subject, it seems that alot of banks like to "pick and choose" what they include in a response to a request.

Any advice is greatly appreciated.

an SAR is for eveything that 'company' holds on you not per A/C.

i would inc a line that specifically mentions any agreements & any info with regard to PPI

sometimes they can be 'clever' in what they send you, as strickly speaking, the SAR does not have to include agreements etc

however, if they are past 6yrs, then you might not get any info either on those ones

dx

There's a template here that seems to include everything.....................

http://www.consumeractiongroup.co.uk/forum/showthread.php?118145-Full-SAR-for-ppi

an SAR is for eveything that 'company' holds on you not per A/C.

 

i would inc a line that specifically mentions any agreements & any info with regard to PPI

sometimes they can be 'clever' in what they send you, as strickly speaking, the SAR does not have to include agreements etc

 

however, if they are past 6yrs, then you might not get any info either on those ones

 

dx

Does the 6 year limit apply to accounts which are still active, even though they may have opened 6+ years ago?

There's a template here that seems to include everything.....................

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?118145-Full-SAR-for-ppi

Thanks maroondevo52, thats very helpful.

Does the 6 year limit apply to accounts which are still active, even though they may have opened 6+ years ago?

sadly yes, but wait and see

they only have to keep 'docs' for 6 yrs

however they do have to keep agreements of active stuff

dx

dx

sadly yes, but wait and see

they only have to keep 'docs' for 6 yrs

however they do have to keep agreements of active stuff

 

dx

 

 

dx

I just sent the SAR recorded, so let's see what they send back. Thanks again for the advice.

Attached is the letter I received in response to my HSBC SAR for Current account, savings account. flexiloan, mastercard, managed loan, and joint current account.

You will note my reponses in the form provided. I understand that I am not required to provide any additional information save proof of my identity, which I agreed to show at a local branch.

Can anyone confirm or dispute my position is correct and my responses are valid?

HSBC_SAR_Response_06May2011.pdf

After further consideration, I decided NOT to entertain their form and condition that I go to a local branch. Instead I drafted this letter:

HSBC_SARFollowup_06052011.pdf

Thoughts anyone?

Hi Mr Z

I had all the same problems you are facing with a CCA request for a HSBC credit card which in the end has resulted in going to court.

From what I've read on this site I dont think they will give in

Vicky

x

Hi Mr Z

 

I had all the same problems you are facing with a CCA request for a HSBC credit card which in the end has resulted in going to court.

 

From what I've read on this site I dont think they will give in

 

Vicky

x

The more they fight, the better for me. The got my response late last week. No reply yet.

Is your case still in the court or was there an outcome?

Given all the bad press with the banks lately I imagine a court would not be impressed with their blatant efforts to with hold information. They cant violate statute just because they feel like it. Alot of people might go the FOS route. I think its just a good ole boys club. Sod the FOS, I'll take my chance in court

I've received a response from HSBC today.

They have said they are now complying.

Yeah, I thought they might. LOL

Just goes to show if you stand up to them, show you know your rights in a carefully crafted letter, they will come to see sense.

I must admit I was almost hoping they wouldn't comply. Would love to have them in court over their blatant attempts to contravene the law.

I am posting this to aid others who may not be aware.

If you are sending a SAR to HSBC for anything other than PPI/Insurance you send it to

HSBC Bank plc

UK Data Protection Compliance

Griffin House 2-01

41 Silver Street Head

Sheffield S1 3GG

If you are sending it for PPI/Insurance you send it to

HSBC General Insurance Service (UK) Ltd

Payment Protection Team

120 Redcliff Quay

Redcliff Street

Bristol BS1 6HU

They are also requiring two separate fee's. They say because they are separate Data Controllers, it requires a request be sent to each.

would this be for HFC TOO.

dx

would this be for HFC TOO.

 

dx

Yes, as they are part of the HSBC Group.

It may be worthing noting this address as well

CAMDEN HOUSE WEST

THE PARADE

BIRMINGHAM

B1 3PY

Which I believe is used by HFC subsidiaries.

Hi Caggers,

If sending an SAR to HSBC you can also send direct to Head Office, Canary Wharf. When you receive a response to your SAR you will most likely just receive a large amount of printouts. Apart from enabling the chronology of events to be determined they are largely useless.

What you nead are all notes made about you and the handling of accounts. When decisions were made and in particular why? Who intervened in the mechanical process and what manual adjustments were made. All notes of telephone conversations, if any. Details of requests made to speak to HSBC staff and copies of written responses. All internal memoranda. Copies of entire correspondence between the Account Holder and HSBC.

If any of this is missing, bring this to the attention of Head Office immediately you fail to receive it.

The Data controllers will only send you the minimum of useful information and leave you to prise out the important stuff.

One thing the FOS will take up is confuscation of affairs and HSBC are past masters at this.

Carningli

So in other words HSBC are acting like greedy bankers and are anything but helpful? I am shocked! LOL

Thanks for this. Its good info to have. I am suprised that head office actually respond to you. All my letters to them get forwarded on to someone esle. This is how I came to have the above addresses.

ive sent a sar request but havent recieved conformation its been recieved. is there a specific department or number i can ring to confirm they are sending the sar?

I have been with HSBC for over 20+ years and have it appears been charged for PPI for approximately 11 years and I was not aware of what that represented as so many other people have stated.

I sent a SAR to HSBC Bank plc, UK Data Protection Compliance, Griffin House, 2-01, 41 silver Street Head, Sheffield S1 3GG for ALL information relating to bank accounts, personal loan, and PPI.

I received a letter back saying that HSBC UK Data Protection Compliance "cannot provide details of your personal loan insurance" and that I needed to write to HSBC General Insurance Services (UK) Limited, 120 Redcliff Quay, Redcliff Street, Bristol BS1 6HU with another 10 Pounds from the first SAR to HSBC BAnk plc, Griffin House.

Additionally, I was advised that if wanted 'card repayment protection insurance' I would have to write to HSBC General Insurance Services (UK) Limited, Card Service Delivery, POBox 6001, Coventry, CV3 9FP AND enclose another 10 Pounds!

In both cases the Assistant Manager, Data Privacy Compliance, states that both addresses for HSBC General Insurance Services (UK) Limited are "separate legal entitit[ies] to HSBC Bank plc".

I would be grateful to find out if other HSBC customers are having the wild goose chase in search of their legitimate right under the Data Protection Act 1998?

The kind of misleading information which is coming out of HSBC and other banks about multiple legal identities will no longer be valid after 25 May 2018.

Under the new GDPR organisations are obliged to treat any SAR as a request for disclosure from any of their holdings regardless of their separate legal identities and they are obliged to have one data controller responsible for the lot.

This will help to put an end to the kind of dishonesty that people are faced when they are trying to get information about the money which has been misappropriated from them by HSBC, Lloyds, NatWest, RBS, Santander and the rest.