overdrafts and charges HSBC & MCS DCA

[themagician]

my daughter has just told me that the bank hsbc are using metropolitan collection services ltd to collect on an overdraft

 

,are there any letters we can send to see if they have the right to collect ?

 

how do we find out how much if any high charges have been added to the account by the dca,

and copy of statement of payments made

 

she just doesnt have a clue as they do not send her any.

she moved recently and has of yet has not informed them of her whereabouts so for me to send any correspondance to them would have to come poss from my address or if agreed her new address,

 

she only works part time and lives in a rented room in a house,

she is being asked to pay £70 per month which is really hard on none guaranteed part time hours.

 

what options do we have.

please help her CAGGERS.

[PGH7447]

send HSBC a sar and get them to send the statements etc to your address, add a letter in the request from your daughter giving you the rights to act on her behalf.

 

send metropolitan an account in dispute letter and to stop them phoning which they do constantly (past experience of these clowns) the phone harrasment letter

[themagician]

is there a s. a. r. letter i can copy and send filling all relevent details,also if i account in despute the dca what happens next if the ask why i account in despute with them? and what would thi mean to them,and can they put a default on my address even though i am only acting on her behalf,cheers.

do i have to pay for the s.a.r. info.

[PGH7447]

is there a s. a. r. letter i can copy and send filling all relevent details,also if i account in despute the dca what happens next if the ask why i account in despute with them? and what would thi mean to them,and can they put a default on my address even though i am only acting on her behalf,cheers.

do i have to pay for the s.a.r. info.

 

 

Subject Access Request - Consumer Wiki

 

cost £10 they have 40 days to supply all that you ask for, in this case statments since the account was opened or for the last 6 years whichever is the greater, but you can add the £10 fee onto the claim.

 

with an account in dispute the dca cannot legally enforce any collection activity

 

if you are acting for someone the default is registered against their name

[themagician]

is the account in despute letter the same as the one i would send if i had already sent a cca request but ommiting this fact from it?cheers.

[PGH7447]

yep that will do

[themagician]

i looked at account in despute letter but don,t know what to delete as no cca has been requested ,if i am right cca does not cover overdraughts? if i remove any legal bits i may leave myself open to these muppets,please advise,thankyou.

[PGH7447]

metropolitan is hsbc inhouse dca, so judt write and tell them you are disputing the charges etc and that until your SAR is complied with you have nothing to say to these creatures.

 

also state that you will only comunicate in writing and that any further phone calls will be logged and they will be reported for harassment.

[themagician]

cheers thats just what i wanted to hear,letter just going into post box,recorded of course.have a nice day.

[themagician]

my daughter has got into a pickle with h.s.b.c with an overdraft ,they are using metropolitan collection services to collect on it,she has no moved address and is so worried wants me to deal wih it for her, so we s.a.r.'d to hsbc enclosing a letter authorising me to deal soley with this account incl the £10 fee as postal order, and the letter signed from her with the usual line through it as not to be reproduced at a later date by them! as any one else done this and what response if any have they had,as we did this on 9/2/2009 and have heard nothing since,also sent a account in despute letter to metropolitan notifying them of the account despute and a copy of the letter sent to hsbc..sent recorded delivery but no trace of it arriving prob because as we read postie may deliver bundle of mail and sign only for one? so do we re-send to make sure dca received it?,or do we just wait the time limit of 40 days for s.a.r? or do we need to do something else! we also included the no tel calls/no door step visits template letter.thanks caggers.

[cerberusalert]

They have 40 days to comply with your SAR if they fail to respond you should make a complaint to the Information Commissioner https://www.ico.gov.uk/Global/contact_us.aspx

[Pinky69]

They may not accept the signature with the line through it as under the Data Protection Act a creditor is entitled to ask for proof of signature for an SAR. It's not as if they can use it to copy onto anything. Overdrafts are not covered in the same way as loans and credit cards by the CCA 1974 - they are at the behest of the bank and can be given or withdrawn by them at will. There are no agreements for overdrafts, simply a letter from the bank stating the overdraft limit, interest rate and period of review, if any. All you can do with overdrafts is ascertain if there are any charges that can be claimed back. Wait out the 40 days and see what happens.

[themagician]

sent hsbc sar request on behalf of my daughter who is too scared to deal with her probems,its for an overdraft,told the bank that she had moved address and sent written confirmation with sar request giving me the authorisation to deal with her debt problems,this is there reply.

 

 

PROVISION OF PERSONAL INFORMATION

 

We refer to your daughter’s request for the provision of personal information and confirm that we hold her authority to send all correspondence to yourself. Her request was received by the Bank on 11th March 2009 but unfortunately did not reach this office until 27th March 2009.

 

I confirm that this office will instigate a search for information on your daughter’s accounts as stated on her request in accordance with the Data Protection Act 1998. Your daughter enclosed a Postal Order of £10.00 for the administration fee in providing this information but this was returned to her by the business area who supplied details of her back charges as these are provided free of charge. I should be grateful however, if you would return the fee to this office to enable us to proceed with the search.

 

For security reasons we data will be dispatched as soon as possible to an HSBC branch or, alternatively, you will be advised if not information is found as a results of the search.

 

Please advise this office of the most convenient HSBC branch for you to collect any information located either by telephone or completion and return of the attached form.

 

Please note that we are unable to action your daughter’s request to provide details of her insurance as this information is held by a separate legal entity to HSBC Back plc. If your daughter still requires this information, she will need to write to the correct data controller at the address overleaf enclosing the £10.00 administration fee:-

 

 

the fee has never been returned to either me or my daughter as they do not have her new address ,the incompetence starts with the 16 day delay in them allegedley receiving the sar request at the relevant dept within hsbc.as we sent it recorded to her local branch.have not as yet received any other communication frm them bar this letter,what should we do next?

[maroondevo52]

Hi,

 

They have'nt paid it into her account, by any chance ?

 

Regards.

 

Scott.

[themagician]

sorry double posted,

Edited April 9, 2009 by themagcian
double posted.

[themagician]

Hi,

 

They have'nt paid it into her account, by any chance ?

 

Regards.

 

Scott.

weather they have or have not,

why am i having to run around different areas of hsbc, i thought you just sent the sar request they either supply it to the letter or they don,t!,

i supplied them with the request and the £10 what they do with it is not my worry is it?.

have they already started the 40 days sar reply time scale or not.

Edited April 9, 2009 by themagcian

[themagician]

any one help please,

the only address i have for wescot credit services ltd, is a P.O.Box no 137 in hull,

do they have an alternative address so when i send my bemused latter to them,

as they are trying to chase an acc.

 

in despute with hsbc/metropolitan collection services from 03/09.

i will have proof of delivery as i wont get that with a po box will i ?.

 

[cerberusalert]

Dunedin House

45 Percy Street

Hull

HU2 8HP

[themagician]

thanks alot ,always can rely on you for the best answer ,well done the site team " cerberusalert ":D:D:D

[cerberusalert]

That address is a pokey little garret their head office address is;

 

Name & Registered Office:

WESCOT CREDIT SERVICES LIMITED

KYLESHILL HOUSE

GLENCAIRN STREET

SALTCOATS

AYRSHIRE

SCOTLAND

KA21 5JT

Company No. SC084131

[themagician]

a friend has sent HSBC bank £10 po.for an SAR request also notifying them that she no longer lives at the address listed with them as she had since moved.they have sent her a letter telling her that one department within the bank has returned the po back to her,we have no proof of this what so ever,and as they do not have her new address where have they sent it?? also they request that she sends them the £10 po back to hsbc uk data control so as to obtain the info for the sar request.

what should she do next as upto now she,s £10 down and no sar info.

[Undercover-Elsa]

Hi

Your friend could check with the Post Office whether the PO has been cashed by phoning 01246 542091

or writing to:

Post Office

1 Future Walk

West Bars

CHESTERFIELD

S49 1PF

If its been cashed then obviously the bank's at fault for mislaying it.

If it's not been cashed then after a time they will be able to get it cancelled and refunded.

Might be worth checking the statements of the account in question to see if it's been credited there too by mistake.

 

I would write to them demanding to know WHY they would want to return the PO when it was clearly for the subject access request, and if they have lost it it is their error. Furthermore as you have NOT received it back can only assume that it has not been returned as stated.

Stress that original SAR remains valid, as a bank you feel they should be quite able to handle customer payments without losing them and unless they send proof of posting for the returned PO you consider they have received the Statutory Fee and look forward to receiving your data within the prescribed timescale.

 

Elsa x

[smarties21]

Just got a letter from Wescot. Is the 2nd address the one I should send to if I want to send a CCA?

 

Thanks in advance!

[cerberusalert]

I'd send it to the PO box address, that is the office dealing with it & they do have to still sign for recorded mail.

[smarties21]

Okay, thanks for the reply!