Wow!!! Thank you again. Quick one - 'letter of the tape'?

corrected

So do they know full well what they’re doing by ignoring the SAR, as such?

I have no idea – and does it matter?

No, of course you’re right.

This really is brilliant! Thank you again!

An update that probably isn't that important but I thought it necessary:

The SAR package did arrive, albeit past the time limit, but I not in their letter it makes no mention of the six year 'limit':

Rightio, letter printed and ready to go.

They have used the six year excuse on six separate letters.

Three final questions:

1. Do I use the 8 Canada Square address?

2. Do I address it to any sub-section particular, ie, the SAR department?

3. Has anyone got details of the data controller so I can send them a copy too?

Among the papers of data, statements, etc were these screenshots of forum posts on the MSE website

(not my posts or threads, either, I don't think (the username is blanked out)?), is this a little odd??

SAR Return.pdf

Well its not been copied from MSE forum...more likely the Dogs Forum...which as with our forum...

a)All information contained in this website, associated websites, and forum posts are copyright Reclaim The Right Ltd. If you wish to use the information on this site for publication elsewhere, then please email the administrators for permission.

b) When you post on this forum you retain copyright in what you write. However, by posting on our forum you grant us an irrevocable non-exclusive licence to publish what you have written. Non-exclusive means that you are fully at liberty to repeat or copy your posts elsewhere on the Internet. However by posting on our forum, you grant us permission to keep the material published on the forum. We may of course remove what you have written or exceptionally edit what you have written to make your post comply with any changes in forum policies as they develop from time to time. You agree to these conditions by registering with us and by posting on the forum. For these purposes, "the forum" means the website in general and includes The Consumer Forums and associated Internet addresses. This could mean that your post or extracts from it may appear in more than one place on the Site. You do not grant us any permission to publish what you write anywhere else on the Internet. That right remains solely with you.

Would appear to be a DATA breach

Andy

Thread title amended

Hi.

It does say on there that it is the MSE website?

:doh:So it does...still same applies

Interesting. Soooo....what do I do about this? Do I complain to them or the ICO?

Depends what you wish to achieve...you said they are not your posts ?

They aren’t, my original post was to express surprise that they have attributed these to me!?!? And that they monitor and store these kind of things.

You can make a complaint to HSBC and ICO

Personal data of the individual

An individual is only entitled to their own personal data, and not to information relating to other people (unless the information is also about them or they are acting on behalf of someone). Therefore, it is important that you establish whether the information requested falls within the definition of personal data.

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-of-access/

https://www.financial-ombudsman.org.uk/publications/ombudsman-news/45/45_bankers_duty.htm

Im not sure what it will achieve..its not your data..but they are breaching someone else

No harm in checking the FCA register

Thank you.

Final question for a while - letters sent today via recorded delivery. How long should I give them?

Update:

February 16th I sent HSBC this to the Canada Square address via recorded delivery:

You claim that you no longer have the data I require because you are required by the data protection act to destroy it after six years.
You should understand that I'm fully aware that the data protection act contains no such provision – but if you insist that it does then please let me know the particular section of the Data Protection Act which contains the obligation.

Accordingly I reject your position that you do not have the data and I believe that you are withholding the data from me because you feel that it would be disadvantageous to you to provide it to me. It maybe that the data is within some archive service and of which you are fully aware.

If it is your position that the data has been destroyed then please will you provide a certificate of destruction from your data controller.

I should warn you that I am sending your letter of the 4 February 2019, along with your other letters stating the same ‘six year’ statement of 18 February 2013, 8 July 2013, 4 April 2012, 15 September 2010, containing your misleading information about the Data Protection Act to the information Commissioner as part of the complaint.
If you do not provide me with a certificate of destruction signed by your data controller then I will add that to the information Commissioner's complaint as well.

I would also remind you that you have a duty to treat your customers fairly and in particular to communicate with them fairly. This is a statutory duty created by the Financial Conduct Authority.

By attempting to mislead me as to your Data Protection obligations, you are already in breach of your statutory duty. It would now be helpful if you would begin to treat your responsibilities according to law in order to avoid further complaints.

I have sent a copy of this to the data controller

I sent it again on February 23rd and again on Monday (11th March). It is coming up to a month since my first letter and it would seem that they are stalling.

Thoughts, please, anyone?

I'm in the same position with Barclaycard. I've sent the same letter to them a month ago. Think I'll be heading down the court route soon.

My thread is here:  

What court route? I’m intrigued....

People have taken them to court for compensation for the time/effort lost in trying to get the data they want and then add on a requirement that the bank completed the request and provides the information. It's easier than going for a straight injunction to get the information I gather.

OK people, still no word from HSBC on this.

How do i start the ball rolling again.

Suggestions, please?

I'm in the same boat. Follow my thread, about to sue Barclaycard to break the barrier.

OK.

Honest answer here - do you think these know that there is evidence and they are just trying to ignore?

I think they have put processes in place to make us give up chasing.

We will persist and hopefully win.

But along the way many will be too lazy or easily persuaded to give up.

But as for the call handlers and customer services, no I  don't think they know what's going on.

Understood. I'm still intrigued why HSBC are ignoring me / this though, I thought they would have at least sent a token response.

Have you called them?

the key lesson is to stick to your timeline not theirs.

They don't care about your timelines and their processes will ignore them.

You've sent them the same letter I sent Barclaycard.

Time to sue.

That gets their attention and get them off the 'customer services' process.