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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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HSBC Going to Court to obtain my data!??


craigten
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corrected

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I have no idea – and does it matter?

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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

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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

We could do with some help from you.

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

We could do with some help from you.

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

We could do with some help from you.

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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

We could do with some help from you.

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No harm in checking the FCA register

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

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?

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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.

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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.

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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.

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