Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


Page 2 of 2 FirstFirst 1 2
Results 21 to 31 of 31
  1. #21
    Site Team The Consumer Action Group BankFodder's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Jan 2006

    Posts
    28,834
    Blog Entries
    17

    Default Re: HSBC non compliance..

    I think you should uploadicon the opinion immediately so that other people will be informed. It really is quite extraordinary but I think we need to see the actual wording and the actual document please.



    Warning: I use dictation software. Beware of homophones!
    Have you read our dealing with customer services guide?
    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.

    All attribution rights and moral rights in my copyright work are asserted
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
    Follows
    0
    Following
    1

  2. #22
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : May 2018

    Posts
    25

    Default Re: HSBC non compliance..

    As i have got this in email form. i can share the exact wording untill i uploadicon the PDF i get from the ICOicon..

    Your concern:

    You are concerned about how your Subject access requesticon (SAR) was dealt with and what information you received from it. You made your SAR on 27 June 2018, it is unclear what information you requested. You received contact from HSBC on 1 August to say that their office was not made aware of your request until 25 July. HSBC sent your information on 8 August but you felt that information was missing. You contacted the bank to query the missing information and received a final responseicon from them on 14 August. It is unclear from this correspondence what information is missing.

    Our response:

    We can write to HSBC regarding the delay in responding to your SAR. However, as HSBC have explained that this was an administrative error, and have apologised, then we would not be taking any further action following this.
    In order for us to write to HSBC however we need some further information from you:

    A copy of your original SAR, stating what information you requested.
    A copy of your correspondence with HSBC about what information you believe to be missing.


  3. #23
    Site Team The Consumer Action Group BankFodder's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Jan 2006

    Posts
    28,834
    Blog Entries
    17

    Default Re: HSBC non compliance..

    Thank you for this. However, I have to say that what you have copied out here directly from the message which you received from the ICOicon: –

    Quote Originally Posted by mycustbanking121 View Post
    As i have got this in email form. i can share the exact wording untill i uploadicon the PDFicon i get from the ICO..


    Our response:

    We can write to HSBC regarding the delay in responding to your SAR. However, as HSBC have explained that this was an administrative error, and have apologised, then we would not be taking any further action following this.
    In order for us to write to HSBC however we need some further information from you:

    A copy of your original SAR, stating what information you requested.
    A copy of your correspondence with HSBC about what information you believe to be missing.
    Is not at all what you gave us to believe in your opening post on this thread where you said: –

    Quote Originally Posted by mycustbanking121 View Post
    I turned to the ICO, where the officer claimed to me, HSBC does not have to comply within the deadline if at some point in time, HSBC writes to me after the deadline they miss, to let me know how HSBC has failed to comply to the SAR.

    I complained to HSBC about the non compliance, that they failed to give me access to data i applied for, within 1 month from the SAR. HSBC DATA office replied to me that as far as they are concerned they complied to the SAR and did not talk about the fact they did not communicate with me until nearly 1 more month after they failed to comply within 1 month compliance..
    I think that this helps to show why we prefer to see original documents on this forum rather than people's interpretation of those documents.

    I suggest that you respond to the ICO with the information they require. You should also point out to them that you are not asking the ICO to take action that you are asking them to express a view as to whether HSBC are likely or not to have complied with their statutory duties in respect of data disclosureicon.

    Tell the ICO that you note that the HSBC say that they had an administrative error but that you would like to know if there is some exemption contained in GDPRicon or the Data Protection Act which allows specifically for non-compliance to be justified by administrative errors.
    Tell the ICO that you have looked through legislation and you are unable to find such an exemption.



    Warning: I use dictation software. Beware of homophones!
    Have you read our dealing with customer services guide?
    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.

    All attribution rights and moral rights in my copyright work are asserted
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
    Follows
    0
    Following
    1

  4. #24
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : May 2018

    Posts
    25

    Default Re: HSBC non compliance..

    Thanks for the reply Bankfodder, I did say it was not the exact words.. and yet still the fact still remains.. that compliance is within 1 month, without undue delay.. they still explain how "as HSBC have explained that this was an administrative error, and have apologised, then we would not be taking any further action following this"

    Last time i checked that would mean to defeat the purpose of the administration of law, as HSBC did not comply within the deadline and did not provide access to the data requested


  5. #25
    Site Team The Consumer Action Group BankFodder's Avatar



    Follow Real_CAG on Twitter
    Cagger since : Jan 2006

    Posts
    28,834
    Blog Entries
    17

    Default Re: HSBC non compliance..

    I agree with what you're saying in terms of their failure to comply. However I have to say that your first post claimed that the ICOicon was acquiescent in this – and in fact it turns out that they are not at all. Although they are a bit limp wristed their position is not flawed. Simply not very aggressive. As guardians of an important human right it would be nice to see the ICO with a bit of spine



    Warning: I use dictation software. Beware of homophones!
    Have you read our dealing with customer services guide?
    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.

    All attribution rights and moral rights in my copyright work are asserted
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
    Follows
    0
    Following
    1

  6. #26
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : May 2018

    Posts
    25

    Default Re: HSBC non compliance..

    Thanks for the support BankFodder.

    I turned to the ICOicon simply because they have a range of enforcement tools available to it, for the bank to disregard my SARicon as they did,. and not provide information i applied for, is a failure to meet the deadline and exposes them to penalties. Ordering compliance would be nice right now, instead of getting practices of undue delay.


  7. #27
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : May 2018

    Posts
    25

    Default Re: HSBC non compliance..

    Thanks for the interest in my posts regarding my HSBC matter. If anything. i have one question for you guys.. and that is.

    Why is the ICOicon there to take complaints about non compliance?. representatives of HSBC decided to make sure my SARicon was not complied with. Hence i did not get the right to access my data i requested to access to within the deadline. And no request for extended time, was made..

    The ICO claim that there is nothing they can do about the non compliance of HSBC if HSBC claim there is no Data to give me access to.

    From experience of working with UK banks. In the event a Group working for a bank and it's departments, fail to comply with a SAR and it's deadline. The bank tends to refuse to release the exact Data requested in the SAR to the groups working for the bank and it's departments until the applicant gets help to highlight the non compliance, for the bank to hire trusted people to comply with the SAR request and deadlines.

    Hence, in the event the department representatives of the bank outright perform a non-compliance by ignoring the deadlines of a SAR. the department of the bank will be limited to Data they can supply you and depending on what Data you requested access to there is a high chance the bank will not release the Data you want until you and the bank organised for compliance.

    I have tried to highlight this with the ICO and i now wait for there reply


  8. #28
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : May 2018

    Posts
    25

    Default Re: HSBC non compliance..

    i got the reply from the ICOicon case officer..
    The officer does not seem to be interested in how the bank did not comply to the SARicon i Filed.
    In the end.. HSBC departments did not let me get access to the data i applied for within the deadline to comply with the 1 month, and i am now left at undue delay.

    the case office claimed the following

    "As explained previously, we are unable to take this case further.
    If you remain dissatisfied with how HSBC have handled your request, you will need to pursue this independently through the courts.
    This is not a process that the ICO can assist you with.
    We therefore recommend that you seek independent legal advice if you wish to pursue this course of action.

    I appreciate that this is not the response you were hoping for.
    This case is now closed but if you remain dissatisfied with the outcome or handling of the case, you can ask for your case to be reviewed by a manager.
    There is information on our website about this."

    Follows
    0
    Following
    0

  9. #29

    Default Re: HSBC non compliance..

    unfortunately the ICOicon is now a Quango organization - take complaints and non action= HSBC was warned and promised a few years ago to ICO that they now have better systems in place regarding SARicon request etc, since when HSBC has done nothing = ICO a waste of space as all the Regulators are. = job for the Tory Guys if you kneel before us.

    Follows
    0
    Following
    0

  10. #30
    Basic Account Holder
    Do you record your calls?
    You'll regret it if you don't.




    Follow Real_CAG on Twitter
    Cagger since : May 2018

    Posts
    25

    Lightbulb HSBC-Non Compliance, ICO comeback

    Hi Everyone.

    i originally wrote to HSBC To get records of a account i held with them 23 years ago, the account was not closed, yet dormant.
    The bank claimed they only hold records for seven years.
    i filed a SARicon.

    HSBC failed to meet the deadline and provide me access to all data i requested.

    I turned to the ICOicon who told me they do not have the tools to listen to a phone recording of me and a HSBC Agent confirming that the SAR department will not provide me what i requested as the Data i asked for is or will be held in a different profile to the one they where going to provide me information from.

    The ICO officer originally claimed there was no non-compliance, i escalated the matter to the Information Commissioner's office.

    The Information Commissioner's office got back to me today to let me know that.:

    "Initially I should clarify the role of the ICO. We are an independent regulator, and we cannot work on behalf of individuals to resolve matters to their satisfaction. Our purpose is to improve information rights practices within organisations

    Hence the ICO or the Commissioner's Office, will not help me get HSBC to comply with the SAR to provide me access to all Data Requested.

    Since the ICO or The Commissioner's Office did not review the phone recording of me and the HSBC Agent that determined where the DATA would be accessible for me from HSBC, and Why the SAR department would not provide me access to all DATA requested, both the ICO and The Commissioner's Office claimed:

    "Whilst I appreciate you may disagree with this, there is no evidence to suggest that HSBC has not provided all of the information, as such we are not considering taking any further action as a result of this concern."

    Not is all bad, though as Despite what was said and done. The Commissioner's Office has provided me with the What they will do next.

    "We will now write to HSBC, informing them of our decision that they did not comply with the requirements of data protection legislation as their response to your SAR was outside of the one month time frame.

    Thank you for giving me the opportunity to review your case."

    Please let me know guys if you know of ways to make sure HSBC Comply to any of my SAR's and provide all DATA requested and or how i should go from here to address with HSBC how the DATA i requested was not provided to me. HSBC did not provide any phone recordings of any conversation i had with their representatives within outside a year ago.

    As HSBC representatives i am in contact with claim they will not discus the matter further

    Follows
    0
    Following
    0

  11. #31

    Default Re: mycustbanking121 -V- HSBC

    3 threads merged for complete history of your story
    please keeps to one thread

    dx

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

    Follows
    1
    Following
    0

Page 2 of 2 FirstFirst 1 2

Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
We use cookies to personalise content and ads and to provide social media features. We also share information about your use of our site with our advertising and analytics partners. See details