alanalana v HSBC (It started well)(And ended well) **won**

[alanalana]

Hello folks this is my second PPI fight.

 

SAR posted Friday and received in the local branch on Saturday. I know it arrived as I popped into my local branch to confirm my identity (I am fighting this one on behalf of a family member), and I noticed the letter with the postal order on the desk.

 

Anyway down I pop to the bank with my passport as the letter I received asked me to produce passport or driving licence. Then I am asked to provide proof of my address so I contest that this was not requested in their letter. Queue building up behind me and they are now wanting attention.

 

They take passport and a copy of the letter authorising me to act as a personal representative. A copy of this was already on the desk pinned to the SAR.

 

Now I pitch up with a letter addressed to me from HSBC to my address I produce this letter in the bank and they want proof of my address. Well actually my address is where the postman posted this letter from your Coventry office to me and could you want more proof that I live there.

 

They then also keep a copy of the letter authorising me to act as a representative because it has an original signature and I point out that the intial letter to which they have responded also had an original signature so why do they require 2 original signatures.

 

Anyway a jolly good start red faces in bank + a nice queue.

 

I went back with driving licence and a council tax bill for good measure.

39 days and counting. Not a lot of PPI to reclaim here probably about £400 total. But I will be able to update a bank charges claim from the info I get from the SAR. Using the UTCCR argument of course.

 

aa

Edited May 24, 2009 by alanalana
spelling

[thegfb]

Well aa, from the help you've given me and many others so far, your family member has a good ally in their fight!

 

Best of luck

[citizenB]

I swear HSBC are in league with Jacqui Smith with this obsession to ID . If it made the slightest difference in protecting information etc then I would be happy to go along with it.

 

However, one CAGer has just jumped through these very same hoops with Nationwide and even so, they have provided her with a stack of BACS forms all made out in other peoples names.. but none for her

 

I will be following your progress with interest. You never know, your reputation might have preceeded you and they will give in with out the usual battle;)

[alanalana]

I swear HSBC are in league with Jacqui Smith with this obsession to ID . If it made the slightest difference in protecting information etc then I would be happy to go along with it.

 

However, one CAGer has just jumped through these very same hoops with Nationwide and even so, they have provided her with a stack of BACS forms all made out in other peoples names.. but none for her

 

I will be following your progress with interest. You never know, your reputation might have preceeded you and they will give in with out the usual battle

 

You never know, but I now enjoy taking them on. It took me a long time with my RBS claim but I was new to it all then. Research is the answer, in the end I had money back, ICO slapping RBS wrists, FSA asking for permission to use my complaints as they saw fit and even the BBA passing my complaint back to the RBS I must have complained to just about everybody I could:D I even got a response from the OFT.

 

So ready for action am I.

 

aa

[pompeyfaith]

Glad to see that you are keeping the banks at it Alan i will follow this with great interest.

 

Best of luck with your latest adventure.

 

Regards

 

PF

[alanalana]

Thank you PF.

 

We will see what happens. I have the due date marked in a diary 40 days due early July. No leeway, no extra days no additional letter 40 days then action.

 

aa

[banker_rhymes_with]

Hello aa!

 

Taking a seat to watch this, and to help if I spot an opportunity where I can do so. Otherwise, I'll just clap and cheer at the right moments.

 

I swear HSBC are in league with Jacqui Smith with this obsession to ID

 

Wasn't Ms Smith a Communist once? That may explain her obsession with certain issues.

 

Cheers,

BRW

[alanalana]

Thanks BRW,

 

Taking a seat to watch this, and to help if I spot an opportunity where I can do so. Otherwise, I'll just clap and cheer at the right moments.

 

I know you will flag up anything glaring.

 

Your help as ever would be welcome.

 

aa

[citizenB]

Thank you PF.

 

We will see what happens. I have the due date marked in a diary 40 days due early July. No leeway, no extra days no additional letter 40 days then action.

 

aa

 

No prisoners either..

[alanalana]

No prisoners either..

 

Too true CB and guess what another 4 fights about to be posted up on behalf of family again. I could be rather busy in the coming weeks.

 

aa

[citizenB]

Too true CB and guess what another 4 fights about to be posted up on behalf of family again. I could be rather busy in the coming weeks.

 

aa

 

Ooh, post the links please alan:D

[alanalana]

There you go CB,

 

alanalana v capital one

 

alanalana v LTSB

 

alanalana v Barclays

 

 

alanalana v Liverpool Victoria

 

That's me with five on the go:D

 

aa

[citizenB]

Crikey, Alan... you are going to be well busy:D Have subscribed to each thread.

[alanalana]

It started well but has gone anything but well since the HSBC are really making life difficult. Putting up every obstacle you can imagine from non receipts of letters to requirement for signatures to allow third parties to act on the account.

 

 

this is my response to their latest kick in the ass letter.

Thank you for your letter dated 17 July 2009.

 

Firstly I do not accept your apologies for not confirming receipt of the Data Subject Access Request as this request was sent by Royal Mail First Class Recorded Delivery and I have the proof that the Subject Access Request together with the statutory fee in the form of a Postal Order, number xxxxxxxxxx, was delivered to the Brampton branch of the HSBC on 22 May 2009.

 

I attended the branch as requested in HSBC letter reference: FREEPROD/LETOUT received from HSBC Bank plc, Harry Weston Road, Binley, Coventry, CV3 2TQ to provide proof of my identity and an original letter authorising me to act as a third party signatory to my sons’ account. I actually saw my SAR together with the statutory fee in the form of a Postal Order to the value of £10.00 on the desk of the local branch. I produced a valid driving licence and passport and a photocopy was made in the Brampton branch of HSBC. The branch also insisted on keeping the original copy of the letter my son had signed even though a photocopy had already been provided with the Subject Access Request and the original authorisation had been sent by my son on 30 April 2009.

 

In your letter of 17 July 2009 you state that you require the signature of the account holder on the request. I would point out that this information has already been provided to the Brampton Branch with the original letter and a further original has been produced upon my attendance at the branch to verify my identity.

 

You also state in you letter that you are unable to provide details of any insurance relating to loan accounts as this data is owned by a separate legal entity to HSBC Bank plc. You also state that I will need to write to the correct data controller at the address below enclosing the £10.00 administration fee ( Presumably the Statutory fee which is due under a request for data in line with the Data Protection Act 1998 a legal statute within Law.

 

I will therefore inform you that the statutory fee of £10.00 was submitted to the Brampton branch of the HSBC with the original Subject Access Request dated 20 May 2009.

 

I therefore believe the obligation to pay the statutory fee for the Subject Access Request under the regulations as prescribed within the Data Protection Act 1998 has been satisfied.

 

I am extremely disappointed that despite having issued my original Subject Access Request on the 20 May 2009 you still seem to be using delaying tactics in providing the information I am entitled to by Law, within the terms of the Data Protection Act 1998. Under Section 7 sub section (1) ( c ) ( i ) and (ii) you are required to communicate to me in an intelligible form within 40 days, the information as requested within the requirements of the Act section 7 (2) (a) and (b), which as the data subject I have met.

 

I would point out that the Act allows you 40 days in which to provide the information I have requested. You have failed to meet this timescale by 17 days to the date of your letter, dated 17 July 2009. I have provided all the required information as requested by your establishment. The local branch in Brampton have been provided with a driving licence, passport and an original copy of the authorisation letter allowing me to act as a third party on the account this seems largely to have been ignored up until your letter dated 17 July 2009 received by me 18 July 2009.

 

As I have followed all the relevant procedures as required under the Data Protection Act 1998 and have also followed the requests by your organisation. I now believe you8 have failed to comply with the requirements of the Data Protection Act 1998. I therefore decline your request for further payment of £10.00 as this statutory fee has already been submitted.

 

I strongly suggest you contact the Brampton branch to ascertain what happened to the £10.00 Postal order that was submitted. I do have a signature for the recorded delivery.

 

I would comment that your request a £10.00 administration fee to be sent to the data controller and yet the address given in your letter is the Payment Protection Insurance office and not the Data Controller Protection Compliance address in Sheffield.

 

You have obviously failed to meet the requirements of the Data Protection Act 1998 as is mentioned above and I must now inform you that it is my intention to forward all correspondence so far with a letter to the Information Commissioners Office citing a very serious formal complaint on your failure to follow the requirements of the Data Protection Act 1998 and also in the tactics you employ in delaying consumers in asserting their right to obtain information under the Act which is a legal statute within the Law of the United Kingdom.

 

 

Yours sincerely

 

 

alanalana

 

and so let battle commence it could have been so much easier if HSBC had been prepared to respond.

 

aa

Edited July 19, 2009 by alanalana
text changes

[Dipply75]

Subbing and wishing you good luck, not that you need it lol

 

Am taking on Cydesdale for a mate and they have just started playing silly beggars with the DPA request...nasty letter sent, race you!

[citizenB]

Hmm, they are really taking the mickey arent they ?

 

Have you checked to see if the Postal order has been cashed. You can do that by telephoning.. 01246 542091. It is a direct line and they will also confirm in writing if you ask them.

 

I guess it doesnt matter one way or another, you have proof they have received the request.. if they didnt cash the PO then that is down to them.. you sent it, they received it.

 

HSBC, sent me round the houses saying they were not responsible for the data for the PPI, gave me an address for Norwich Union. They were very helpful however, they wrote back saying that they were not the administrators for the insurance for policies on loans under £25,000.

 

HSBC gave me another address which didnt exist. It was at that point I gave in and contacted the FOS.. am still waiting a year later

 

IMHO, it was HSBC who sold the policy therefore they should be the ones responsible for providing / accessing the data.

[alanalana]

Thanks CB I was not aware of the telephone number so I will use that tomorrow to check on the PO issue.

 

You are right on the addresses issues. SAR sent to local branch no acknowledgement then a letter from another HSBC address saying you must produce evidence of identity to local branch then another HSBC address saying the information has not been received send another tenner to yet a fourth address.

 

How convenient to use multiple addresses to try and confuse claimants. I will be incidentally be asking for a meeting with the manager of the local branch to ask him for some explanation on the failure of his branch to keep me informed as to what was going on and to what happened to my postal order.

I will be as polite as ever but I had better get some really good answers. I may even drop in the CAG issue to let the manager know there will be more adverse comments on his banking procedures.

 

HSBC I am sure will be on a loser as this is a claim for a serviceman who if taken ill would still recieve full pay until such time as a medical discharge was used. Two loans both with PPI so I am up for the fight.

 

aa

Edited July 19, 2009 by alanalana
text added

[citizenB]

Good for you aa.. If HSBC are patrolling.. lets hope they get the message

[alanalana]

Good for you aa.. If HSBC are patrolling.. lets hope they get the message :grin:

 

Yes indeed;-)

[maroondevo52]

aa, do you want a hand with this

[alanalana]

aa, do you want a hand with this

 

Managing ok so far but I am also involved with claims for ppi claims against Barclays, Liverpool Victoria, LTSB, Cap 1. Plus HSBC x 2 for bank charges and another issue just popped up on a housebuyers survey that was totally inaccurate as the roof leaks.

 

Don't worry MD I will be fine:eek:

 

aa

 

PS it's not my roof but it feels like it:grin:

[jowalshy]

Just subbing

[alanalana]

HSBC have also written to family member asking for a questionnaire to be completed and proof of signature.

How much damned proof do they require

 

This is another delaying tactic.

 

Letter authorising me to act as third party signatory sent 30 April. The letter instructed the bank to notify me when they had received the authorisation. No letter received by19 May so I banged in a SAR on 20 May with a copy of the letter authorising me to act as third party signatory to the account.

 

Letter back dated 18 May saying

" We write further to the letter we received from mr aa friend we have responded to the above mentioned as an acknowledgement.

 

We have advise mr aa friend when requesting the data subject access request to address the cheque of GBP 10.00 to HSBC Bank plc (mention the money as early in the letter as possible - we don't want them forgetting to pay - do we?)

 

We have called mr aa friend on 15 May 2009 and advised him to contact you to visit a local branch with a letter duly signed by himself authorising to add you as a third party signatory for tha account. Kindly note you should also provide Identification documents such as the passport of full UK driving licence.

 

Please not we have also advise mr aa friend that you are not able to contact HSBC via telephone. (suits me everthing in black and white then ready to copy to ICO and the FOS) HSBC will directly contact you via telephone for any queries related to the accounts until HSBC has included you as a third party signatory for the account (not quite true, I am ex directory and they do not have my number)

 

Should you have any further queries please contact us"

 

The is letter was from HSBC Bank plc, Harry Weston Road, Binley, Coventry, CV3 2TQ.

So as per my first post everything supplied to HSBC local branch.

 

Then on 17 Jul this arrives

 

Dear Mr aa

 

Please accept my apologies for not confirming receipt of the Data Subject Access Request dated 20 May 2009 which you sent to our Brampton branch. Unfortunately the request never rech this office and the third party autority which you mention in your letter has not been registered on HSBC records.

 

Please not to make a request under the Data Protection Act 1998 as per the requirement of section 7(3), we require the signature of the account holder on the request.

 

Unfortunately we are unable to provide details of any insureance relating to loan accounts as this data is owned by a separate legal entity to HSBC Bank plc. You will therefore need to write to the correct data controller at the address below enclosing the £10.00 administration fee:-

 

HSBC General Insurance Services (UK) Ltd

Payment Protection Insurance

120 Redcliffe Quay

Redcliffe Street

Bristol

BS16 HU

 

I have also written to aa friend to advise him of the situation enclosing a request form for him to sign, please see copy enclosed.

 

Please accept my apologies for any inconvenience this may have caused but due to the highly sensitive and confidention information held about our customers, we need to be confident that we have verified them beyond doubt.

 

If you require further quidance. Please write to me at the address given on this letter, or telephone our helpline on 0114 2520270. Voicemail is available on the helpine extension for an messages taken out of office hours. (So firstly I am not allowed to call and now suddenly I am)

 

yours sincerely

 

sharon woffinden-Steele

 

Assistant Manager, Data Privacy Compliance

This letter from:

 

UK Data Protection Compliance, Griffin House, 2-01, 41 Silver Street Head Sheffiled S1 3GG.

 

My response to this is compiled ready to add royal mail proof of Postal Order payment.

 

I have one question how disjointed is HSBC ?

 

No wonder they have just been awarded a nice £3m fine from the FSA for losing customer data.

 

next instalment, well don't hold you breath with this lot and I thought RBS were bad

 

aa

Edited July 23, 2009 by alanalana
second letter in quotes

[citizenB]

As you say aa, they are taking the pith..

 

Please note:

 

The following was taken from the Daily Mail today

 

"RISKING IDENTITY THEFT

2 years ago, we were told by our estate agents, the Halifax, that it was a legal requirement that my husband and I give a copy of our passports before it could market our property to safegaurd against money laundering. (letters).

 

I've always believed that my passport is my identity and did not believe I should give anyone a copy of it and risk someone using it to steal my identity. Under no circumstances was I goint to allow anyone to have a copy of my passport.

 

I contacted the Financial Crime Branch (at HM Treasury, 1 Horseguards Road, London SW1A 2HQ) who were able to assure me in wiriting that the estate agent's request was not legislation but a "company policy". Just as I had suspected!

 

When we showed Halifax our correspondence with HM Treasury, it had to apologise and assure us that in future it would tell prospective customers that demanding to COPY passports was, in fact, merely a company policy and not legislation. There are many other ways estate agents could satisfy themslves that you are who you say you are, such as just looking at your passport and making a note of the fact that they have seen it, or, as in our case, seeing our driving licences.

 

I wonder how many other estate agents and perhaps other professional bodies, have misled the public and how many thousands of people have been conned into handing over their identity to individuals and companies who have no legal right to it ?"

 

So.. if they demand a copy of your passport or driving licence.. tell them to "off sod"

 

We then hear that HSBC has been fined £3million for lack of security in respect of customer data.. how many copies of passports / driving licences were among that data !!

[alanalana]

Too late for me then I could now be from a different country, driving a different car and have another few kids and I wouldn't even know.

 

I could even be a movie star

 

aa