HSBC loan - no permission to share my data!

[loz]

I already mentioned this on my PPI thread (and also described the circumstances under which I was forced into this loan):

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/121338-ppi-hsbc-loan.html

 

Thought the issue is worth raising here - I checked the T&C which form part of the loan agreement, and can't see anything which specifically gives them permission to pass my data to third parties ie. Credit Reference Agencies :o

 

 

Before I go shouting at them over this I thought I'd consult you wise CAG people just to make sure that I'm within my rights to complain about this. There's nothing in the CCA 1974 which allows them to do this without my specific permission, right?

 

As soon as I'm done with my PPI complaint I will be complaining about the selling of the loan as a whole, and the Data Protection Act has just been added to my list of grievances.

 

Thanks in advance for your advice,

Loz

[shieldblaster]

Hi Loz

 

As far as I'm aware you are perfectly within your rights to complain under the DP Act I can't see anywhere in those t & c's where they seek your permission to do so

 

Regards

 

Mick

[loz]

The question is then, how much could I expect to be compensated for them sharing my data for the best part of 3 years?

 

FWIW I have a CC with them also and I used to have a current account - any permissions granted therein apply solely to those accounts, don't they?

[Castlebest]

Hiya Loz, I think you need to have a look at these two threads

 

http://www.consumeractiongroup.co.uk/forum/legalities/28082-data-protection-act-1998-a.html

 

http://www.consumeractiongroup.co.uk/forum/legalities/70169-oft-guide-claiming-compensation.html

 

Hopefully they will give you the information you need

 

good luck and keep us posted

 

pete

[loz]

That's fantastic Pete, I was going to search for stuff like that later

[Castlebest]

No probs Loz thanks for the rep

[Hammersmith]

First read the terms and conditions which you can find on their web site. From memory they have the right to share data either between companies or with external data agencies such as Experian or Equifax. The Government is actively forcing banks to share more data so think twice before instigating any sort of action in Court as this is not something you will find covered by the charges issue.

Good luck

[loz]

I've had a look at the sections that might somehow be relevant, but I can't see what you might be referring to. I'm not sure what relevance their website has to this loan anyway - the T&Cs I posted here is all I got, no reference to further conditions on the web or anywhere else for that matter

[Hammersmith]

Apologies Ioz, I misunderstood the Data Protection bit. Good luck with your fight.

[Hammersmith]

Ioz, check out section 2 of the latest T&C's as it gives clear authority to share data. The law also allows firms (not just banks) to vary the terms of their T&C's by giving 31 days personal (letter, email etc) notice of the changes. Again, good luck.

[loz]

Hammersmith,

IMHO the T&Cs on the site (the ones I think you're referring to anyway) relate to current accounts etc, not loans. Nowhere in the loan docs I have does it refer to these T&Cs - please correct me if I am looking at this wrong.

 

Loz

[loz]

As mentioned on my PPI thread (http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/121338-ppi-hsbc-loan.html), I have just received a copy of a form which was not delivered as part of my original Subject Access Request

 

It refers to a document entitled "Your Information", which I have also not received a copy of - I am now wondering whether this mystery item contains my "permission" to process my data...?

 

How very tedious, I should report them to the Information Commissioner just for this minor infringement. I really hope they don't have my explicit permission though.

 

Loz

[Hammersmith]

Hi loz,

My (limited) understanding of bank T&C's is that they cover all accounts, including loans and form part of the binding contract between the bank and its customer. That's why they have to issue them every few years by either a total re-write or through a notice of variation.

Good luck

[loz]

I have reason to write to them about another matter so I will use that opportunity ask on what basis they are allowed to share my data. I have checked and double checked the materials they sent for my Subject Access Request, there is nothing there

 

Loz

[loz]

Just to update, they still have not provided evidence that I gave them permission to share data regarding this loan, so I have sent them a "cease and desist" type letter under the DPA (s10 / 12).