Wilba let's the HSBC off and then thinks why should I ?

[Wilba]

I have to put my hands up and admit to being bone idle. I had done a Subject Access Request and received letters on good intention from HSBC then all went quiet.

 

Truth is I didn't want to stir up the sleeping giant as I was having peace and quiet thru the summer. Anyway basically this is the story....

 

I did an SAR on my current account on 28th February 2009. At the begining of April I got a letter asking where I'd like to pick it up from - I said my local branch. 10th April I received a letter telling me the information had been sent to the Branch who would contact me. I heard nothing. I contacted the branch in June - they knew nothing about it. 3rd July I got a call from HSBC Customer Services during which I asked about SAR info - it's at the Branch. Next day went to the branch - nothing there - not seen it know nothing. Two weeks later HSBC contact me again.... I ask again - it's at the Branch. So I went into the Branch and fortunately bumped into the Manager who was going out to get his lunch. After a brief converstaion I was promised an 'investigation'. A week later (begining of August) I get a call from the office erk... can I come and collect the SAR info.

 

It would seen DHL delivered the SAR info to the Branch on 8th April (signed receipt). It had been promptly placed under a desk and used as a foot stool - HSBC Branches words ! I took delivery of tea stained and foot printed sealed box on 8th August 4 months after it was delivered to them. I complained to the HSBC Data services but was informed that they had produced the data within the 40 days (which is true).

 

Obviously I had not followed up the SAR with any letters after the 40 days but is there anyway I can get back at HSBC for being late in getting it to me ?

 

The threats of fines etc only seem to count if the information isn't supplied and not if it is just late.

 

Just curious....

[johnnymitch]

Hi Wilba , welcome back

 

It would maybe be worthwhile just making a general complaint to their Customer Services Department -repeating what you've just said on here and pointing out the trouble they have put you to , through the incompetence of someone in the local branch .

 

Also , they may say that they produced it from the Data Protection Dept , but until it was in your hands I would say they were still in breach of the 40 day rule .....

 

Send your complaint to :

 

HSBC Bank Plc

Service Quality Team

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

 

with a copy to the Data Protection Centre who wrote to you .....

 

And of course , if you don't get satisfactory answers , report them to the Information Commissioner for breach of the Data Protection Rules :

 

https://www.ico.gov.uk/Global/contact_us.aspx

 

Meanwhile if you need any assistance with getting your claim under way , by all means come back and ask ...... you'll always get an answer on here ...

Edited August 14, 2009 by johnnymitch

[Wilba]

Thank you JohnnyMitch.

 

I am currently having a lot of fun with HSBC. They keep digging themselves very big holes and I and, I must say, my local MP are filling them in.

 

I have claimed my Bank Charges under hardship which as yet they have not rejected. I have managed to get £160 off them for a payment that I made to an account they had closed without informing me. I am now claiming back the interest they have charged on that account after they reopened it and added interest while the payment had disappeared into a HSBC black-hole.

 

I have also entered into a Managed Loan at 1% over base rate but they did not send me my right to cancel paperwork which I have complained about and received and I quote from a 'Senior Manager' letter ' if you did not want to go ahead with the loan it would have been better not to sign and return the loan agreement forms'

 

Hmmmm nice Customer Services.

 

Raise foot, point gun, pull trigger - I think that's in the HSBC Senior Manager's manual.

[zooman]

maybe a polite letter to the Hong Kong and Singapore Banking Company pointing out if they dont like UK law they should f*** off back to where they came from....

Edited August 17, 2009 by zooman

[johnnymitch]

I think you'll find it's Hong Kong & Shanghai Banking Corporation , zooman

[Wilba]

On a serious note......

 

If anyone enters into a credit agreement should they not be informed of their right to cancel - the so called 'Cooling off' period.

 

Does anyone know of any stature / act / law or website that says this is a legal requirement.

 

I feel like stuffing HSBC again over their mistakes.

 

The wife pointed another one out last night. The Senior Managers letter starts... 'I am replying in response to your Telephone call....' I guess he means my Recorded Delivery letter. I wouldn't use the 'phone even if I saw the local branch on fire (other than to order petrol).

 

Oh what fun we have....

 

Can I say to any readers, it looks as if I'm making light of my problems with HSBC. Truth is I've been through all the sh!t they come up with, had all the (empty) threats, been able to stop the 'phone calls and basically take them on at their own game.

 

My advice : listen to the good chaps on this board - loads of good advice and remember you have good friends here. Secondly talk to your local MP even if you only get their agreement to be copied in on everything. Changes HSBC's attitude. When I was being fobbed off with only seeing junior clerks at my Branch my MP got me an interview with the actual Manager with one 'phone call.

[johnnymitch]

If anyone enters into a credit agreement should they not be informed of their right to cancel - the so called 'Cooling off' period.

 

Does anyone know of any stature / act / law or website that says this is a legal requirement.

 

Just google 'Right to cancel credit' wilba.... and take your pick .

 

Or you could ring Consumer Direct and ask them for chapter and verse ...

 

Consumer Direct

[Wilba]

Once again hat's off to JohnnyMitch

 

Have logged a call to Consumer Direct

 

Google search - confusing didn't find the precise answer but found a few contrary (I think I'll let Consumer Direct get back to me).

[johnnymitch]

Thanks for the feedback wilba - be interested to know Consumer Direct's reply on this ....

[Old Cogger]

On a serious note......

 

If anyone enters into a credit agreement should they not be informed of their right to cancel - the so called 'Cooling off' period.

 

Does anyone know of any stature / act / law or website that says this is a legal requirement.

 

I feel like stuffing HSBC again over their mistakes.

 

The wife pointed another one out last night. The Senior Managers letter starts... 'I am replying in response to your Telephone call....' I guess he means my Recorded Delivery letter. I wouldn't use the 'phone even if I saw the local branch on fire (other than to order petrol).

 

Oh what fun we have....

 

Can I say to any readers, it looks as if I'm making light of my problems with HSBC. Truth is I've been through all the sh!t they come up with, had all the (empty) threats, been able to stop the 'phone calls and basically take them on at their own game.

 

My advice : listen to the good chaps on this board - loads of good advice and remember you have good friends here. Secondly talk to your local MP even if you only get their agreement to be copied in on everything. Changes HSBC's attitude. When I was being fobbed off with only seeing junior clerks at my Branch my MP got me an interview with the actual Manager with one 'phone call.

 

 

Oh come on, I would loan you 100 Fire Extinguishers (EMPTY) to put the fire out probably in a few days, only trying to help!!!!!!!!!!:p:p:p:p

[Wilba]

Or you could ring Consumer Direct and ask them for chapter and verse ...

 

Consumer Direct

 

Unfortunately they turned out to be a bit of a dead duck. Here's there reply to me asking what were my rights and should I not have been made aware of my 'Right to Cancel'...

 

"In reference to your enquiry, as your enquiry is of a financial nature, Consumer Direct are not able to offer advice. The most appropriate agency to speak to would be the Banking Code Standards Board. Their website is www.bankingcode.org.uk"

 

I am going to 'phone Consumer Direct in case they did not quite understand my query. Will also look through the Banking Code Standards - I could do with a laugh !

[Wilba]

Oh look what I found....

 

"

The best known protection for consumers is the Consumer Credit Act 1974. Here regulated credit agreements may allow you to cancel the agreement should you change your mind. Worth pointing out is that there is a cooling off period in which you can change your mind. Assuming you signed the agreement anywhere other than on the premises of the trader or creditor; and you discussed the credit face-to-face with the trader or creditor before you signed the agreement then you may cancel the agreement.

If you are entitled to cancel the agreement you must be sent a cancellation notice within seven days of signing the agreement explaining that you have the right to cancel the agreement. A cancellation form will be enclosed with the notice and you can use this or write a letter to cancel the agreement. Should you decide to cancel the cancellation must be sent to the lender within five days of receiving the notice preferably by recorded delivery"

 

Guess what HSBC never sent me....

 

Just another **** up by the Worlds Local Bank.

 

What to do next.... ho hum.

[Wilba]

Just when you thought the law was on your side.....

 

I 'phoned Consumer Direct. If you take out HP without being on the premises etc you have a legal right to a 7 day cooling off period but as my issue is a Loan they do not know what the answer is - phone Ombudsman Service.

 

I 'phone Financial Ombudsman and asked the same question. Their reply 'Ah....' short pause ' this can be a grey area'. Now the real blow... 'if the Bank considers that you fully understand what you are agreeing to and has include a copy of their Terms & Conditions, it need not offer you a cooling off period. It is purely discretionary.'

 

:mad:

 

Power to the people (at the Banks discretion, of course).