SAR issue with HSBC ..... and delay tactic

[prpro760]

this is my first ealier post regarding the same SAr that i have asked on two month agos.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/134707-r-subject-access-request.html

 

i have sent a letter stating with a copy of the original request and thier initial response, so their no excuse we did not received it as it was recorded delivery and i provided to them a coipy of the recorded slip as well as proof of receipt by them. to date they want to ask me to refill anapllication form which i refuse as my original request stand and o don;t want to wait anpother 40 days to have my data back.

 

HSBC has until the first week of april to comply with my full request and to date they have only sent statement.

 

In response to my complaint or LBA , this morning i have received another nauseating letter from them here it goes

 

dear Mr propro760

 

 

request fro provision of personal information

 

thank you for your letter dated xx/03/2008 whichwas received today.

 

ima sorry that you feel we have not complyied with your request for data under the data protection act 1998 and are using delay tactics, however this is not the case.

 

Section 7 of the DATA Protection Act 19887 clearly state that the data controller is not opbliged to suppluy any informaition unless a request is received in writing and that he may sastify himself as to the identiti of the person making the request.

 

as non of your letter were signed, we are therefore unable to verify your full request for datas under the Act and the application form was submitted for yoru completion and return.

 

the copy statements were provided previosuly by our service quality team, however due to the amount and nature of the data collected under a SAR, this is dispatched by courier and therefore for security reason we bnedd to ensure our customer data is kept secure and any request are verified.

 

as mentioned in my prevfiosu letter, should each wish to make a request for data under the act, both siganture wiull be required and the 10 pounds fee for ech request should be submitted. I have agaqin enclosed 2 fprms for your use. This office would then be happy to supply all data requested as soon we have received to do so and the appropriate fees as mentioned above.

 

 

thank you fro blah blah .... 2

 

 

i have all the statement that i have requested however they were not send by couriere but through royal mail in a tatty brown envelop.

 

we did use a digital signature and that didn't stop them to send bank statement if they were not sure who we are then surely as a bank they should have check it first wether it si from another department or not .... i am sorry this is somewhat a security breach to me !

 

we did ask to them in my lat LBA if they are willing to send our data to our branch and we will collect ther and then with oour passport as to prove our identity but they have choose to ignore it or asking us again to write that on thier silly application form which leave no room to ask specifically what you need.

 

 

finnaly they have received the 10 pounds fees but choose to provide it for free , they ave confirmed it in their previous letter.

 

secondly i have previously requested a copy of my CCa but we have only recieved a blank statement no date , no signature etc....

 

so what i should do next ignore this awful letter ? or wait until the end of next week to start a court claim ? really don't know what to do ?

 

p.s.: sorry for my typo hangover ... lol

[Castlebest]

HIYA prpro760 and welcome to the HSBC forum

 

I'm a little confused where you are with your claim, do you have any information from them following your SAR? they are allowed to ask you for proof of identity so you should provide this to them however once this is done you should write a Data Protection Act non compliance letter basing it on the CAG letter template when your 40 days have expired.

 

Have you written an LBA (letter before action)?

 

pete

[prpro760]

hi and thnaks castlebet this is what happened so far :

 

- february : sent SAR request with 10 pounds postal order ( as i do not have any cheque book)

 

- begin of march: recieved statement and a blank CCA for one of the loan with have.

 

- 2 week of march sent a letter saying the informaiton i that i have requested is not complete as transcript of pneoe call ,default notice, copy of executed agreement and so forth missing

 

- two days latter recieved a letter from HSbc saying we have not recieved a wriitten SAR request and so forh please fill application form.

 

- so i responded straight away by letter saying this is not true as my original request made clear what i was requested and so forth u can see this on this thread http://www.consumeractiongroup.co.uk/forum/hsbc-bank/134707-r-subject-access-request.html and they only want to delay proceeding. in the meantine they have issue a default against us but without any notice whatsoever. ( we discovered it on experian)

 

 

- today received this letter from HSBC saying somewhat that they have no record of written request . even though inmy prevoisu LBA i encl;osed a copy of my original request alongside qith proof of postal order so ther is no excuse.

 

 

my point is why enquiry at this rather late stage my signature where they should i have asked it fisrt and before hand? i told them that we want to pick it up at our branches and where wwe will provide them our passport so they can check our ID before handing out our data.

 

my claim is afor th emoment that HSBC dose not want to fully comply with my original request and ignore my poriginal request . for them , by sending out statement think it is nore than enough for us to see which information we have. they even asked us to go to our branch and the statement will cost 5 pound per sheet produce what a joke !

 

we disagree as we think there is no mention of if there is manual intervention no phone transcirpt ( i want them as there is some rather nasty and insultive comment they have used in the past as intimidation).

 

so we are left with them taking the mickey out of us.

[freakyleaky]

I think you should wait until the 40 days is up and then send the non compliance letter. They are trying every trick in the book to get out of supplying you with the information you are entitled to.

How can they send you some information mentioned in the sar but not other because they were unsure of your ID?

[prpro760]

yes exactly my point with hsbc but i am seriously getting fed up with them . they are really a law unto themselves!!!!

anyway will awit the 40 days and send them the non compliance letter

[johnnymitch]

Freaky is right , prpro - they are trying to fob you off....... but fortunately they are not a law unto themselves - which they will find out after the 40 days is up and you report them for non-compliance. Banks have been fined before for this practice - you'd think they'd learn wouldn't you?

[prpro760]

yes i am totally agreeing with you !!! absolutely disgracefull behaviour surely from a bank where we should be able to trust them with our money ..... so appaling .

 

sorry for my typo after few beer ..... lol

[johnnymitch]

Oh, we're used to typos on here prpro - someone (who shall remain nameless for my protection, not hers! ) manages them without beer .... LOL!