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    • 4 th time we've merged your threads  for complete history of your story please keeps to one thread
    • @dx100uk @ anyone else interested in Fighting HSBC UK  Staff/department non compliance and incompetence/interference in between HSBC UK and customers.   I wanted to know what you guys had to say about the reply i got from HSBC UK today.    Recap. I originally turned to HSBC UK to be reunited with Money i saved in accounts that where frozen and made dormant during the year 1995.   HSBC UK Teams tell me that HSBC UK only allows them to have access to account records dated back 6 years. there for they do not have the records, can not locate the records i requested for in my SAR. there for HSBC UK teams Ignored my SAR application for records of accounts made frozen and dormant during the year 1995. HSBC then claim if the accounts where closed they will no longer hold records of these accounts and tell that to the ICO. I again explained to HSBC UK and the ICO the records of accounts where left frozen and dormant.   HSBC UK teams continue to tell me over the phone that The records i requested for in my SAR, will not be located or do not exist because HSBC only allows them to have access to records of accounts dated back 6 years.    I returned to HSBC highlighting there is no such provision in the Data Protection Act.   HSBC UK teams today totally ignored my complaint again and confirmed with me they are classing my complaint as wanting to locate accounts that where closed.   Let me know what you think about the  HSBC UK teams response to my last complaint. Is there any other letters i can send them to confirm thay are not correct about what they have done.    The HSBC UK letter starts of by:You've been unable to recover funds you held in HSBC UK Accounts that were closed in 1994 to 1995, and to obtain the account details for the accounts concerned. You've been advised that we only retain records for up to 6 years, but you've been unable to locate any provision for this within the Data Protection Act (DPA). You require a Certificate of Destruction from HSBC UK to evidence the destruction of the data concerned. You feel your Subject Access Request (SAR) has been ignored by HSBC UK.   HSBC UK Teams now go on to explain: In respect of you being advised we only retain records for up to 6 years, but having been unable to locate any  provision for this within the Data Protection Act (DPA), I can confirm that under the DPA, we are obliged to only keep records for as long as we deem necessary, in order to effectively manage our data. So, for most cases, this will be for no more than 6 years.   In regards to your request for a Certificate of Destruction from HSBC UK to evidence the destruction of the data concerned, I regret that this isn't something that we can provide, as we don't keep records of when individual customer data was destroyed. I'd also like to clarify that if the accounts concerned were closed after becoming dormant, that we would have sent you closing statements at the time.   Lastly, I'm sorry you feel we've ignored your SAR. I want to assure you that we'll always look to accommodate a request for a SAR as best as we can. However, if we're unable to locate the account details and information required, this will mean we're unable to fulfil the request, which has unfortunately been the case on this occasion.   How else do you think i can highlight to HSBC that the teams dealing with My complaint, and request to be reunited with my money is not going to departments that can deal with my demand for services.?  
    • Hi   I have to agree if you have paid off the debt owed to them via this meter and are up to date on your bills  I would look at changing supplier and as said asking new supplier to install a standard meter and look for the best deals for you.
    • I have severe anxiety and going to leave my job and have been invited to a meeting but dont wish to attend that is three hours away from where I am. Can I legally give the  permission to decide without my being there? I cannot handle going as I know I'm going to be fired anyway as on my final warning. I'm also giving in my notice this week too! This job is just too much for me now and I cannot work here any longer. It's no good for my health and sanity  I am sick to my stomach thinking about going and about to hand my notice in anyway    
    • Thankyou it’s because I’m awaiting the outcome and a friend said I will be turned down as I asked them a while back if I had ppi on the account and how much it was and they replied.  But they did only send me a short confirmation with the amount and that they trust that answers my enquiry. i just wanted to be prepared if they wouldn’t turn me down based on that. Thanks for your advice on that mate 
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supersnake

Order to attend court for questioning

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Hi all, i have a major problem.

 

I defaulted on an bank loan that was passed to a well known debt collector, early this year i got court papers and started paying £50 per month as agreed by all, i have made 8 payments in total.

 

Today i got summons to appear at court for further questioning and told to bring bank accounts, company accounts, everything in my life! This is odd as I am paying on time so i went to the court office and they said i could write a letter explaining my situation and the judge would read it and they would get back to me.

 

I provided them with a letter explaining that I am paying already, that the debt collector has added nearly £2,000 to the original debt they bought and that I feel they are being unfair asking to to attend court to prove my earnings.

 

Now here is the major problem, when the court first asked me to provide earnings I said I was unemployed and could pay £50 by means of my Parents, the reality is I have an online business but when i was asked to provide earnings i was earning just enough to get by. In the last few months it has flourished and I now earn very well.

 

The reason i lied was i was scared if i gave info of my earnings they would go through my accounts and take control of everything causing no end of stress. I also thought the court would make me pay everything i own to this company, which would mean being kicked out of home as-well as not being able to run my business and hindering me clearing my debts in the long term. I do intend in paying all my debtors back but i was swamped and just wanted to pay £50 until my business grew and i could get on top of things.

 

What can I do, can I avoid going to court, can I go to prison for lying about my income, can i ask the debt collector to supply a copy of the credit agreement still, will this stall things? Please help, I'm desperate and scared.

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If the creditor has applied for a redetermination of the CCJ payments then you will have the opportunity to bring the Court up to date with your good fortune and your successful business.

 

Get a revised I&E ready for the Court.

 

I very much doubt you'll go to prison.

 

If you admitted the debt then asking the creditor to supply an agreement is no longer an option.

 

You could have look at the link below to see if there are any grounds for setting the CCJ aside but as you have said in your post that you have agreed a £50 monthly payment.

 

CCJ removal inc. step by step guide


 

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So how is the court going to feel about me lying to them about my income, twice. I was only getting by but i still lied. They will also find out I own a car and should be filing company taxes. Will they take the car to pay the debt? Will I go to prison for TAX evasion? Thank you very much for you help and in advance for anyone elses.

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So how is the court going to feel about me lying to them about my income, twice. I was only getting by but i still lied. They will also find out I own a car and should be filing company taxes. Will they take the car to pay the debt? Will I go to prison for TAX evasion? Thank you very much for you help and in advance for anyone elses.

 

you did not lie- your business was still fledglinga t the time and was not expected to make any profit for some considerable time therefore you deemed it prudent to offer what you knew you could afford rather than make an offer of a payment that you might have defaulted on

 

you are now in a position to make payments of XXXXXX which is still a conservative but sustainable offer as business has lately showed signs of a significant downturn in the current financial climate

 

you have as much chance of going to prison as collecting a bucket full of rocking horse sh*t off the court steps

 

the other side may not even bother attending-

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Ok thanks, so prison is not going to happen, that's a relief.

 

I agree, the reason i said I was unemployed was i was scared if i gave info of my earnings they would go through my accounts and take control of everything causing no end of stress. I also thought the court would make me pay everything i own to this company, which would mean being kicked out of home as-well as not being able to run my business and hindering me clearing my debts in the long term.

 

That said I did not tell the court i was employed and earing an income. I told them I have nil income. I dont want to argue but im pretty sure they will consider that lying.

 

What is a concern is that they will go through my finances with a fine tooth comb. I believe the debt company instigated this because they found i own a company and thus cannot be unemployed, they state that in the summons, they want tax returns, personal and company bank statements, car documents, everything.

 

Is it really as simple as turning up, saying my situation has changed here are the new details of my income and waiting to see what the new monthly payment will be?

 

Sorry this stuff just scares the crap out of me.

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Ok thanks, so prison is not going to happen, that's a relief.

 

I agree, the reason i said I was unemployed was i was scared if i gave info of my earnings they would go through my accounts and take control of everything causing no end of stress. I also thought the court would make me pay everything i own to this company, which would mean being kicked out of home as-well as not being able to run my business and hindering me clearing my debts in the long term.

 

That said I did not tell the court i was employed and earing an income. I told them I have nil income. I dont want to argue but im pretty sure they will consider that lying.

 

What is a concern is that they will go through my finances with a fine tooth comb. I believe the debt company instigated this because they found i own a company and thus cannot be unemployed, they state that in the summons, they want tax returns, personal and company bank statements, car documents, everything.

 

Is it really as simple as turning up, saying my situation has changed here are the new details of my income and waiting to see what the new monthly payment will be?

 

Sorry this stuff just scares the crap out of me.

 

clearly they have found out, likely it will be you them (if they bother to turn up) and the court clerk round a table

 

just stick to the line that you were not sure if the business would succeed and did not want to offer what was not regular income

 

they are more likely to be interested in what you can pay now

 

if their rep moves onto that subject i suggest you take the wind out of their sails by admitting the fact rather than them prying it out of you bit by bit

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Oh, so i wont be up infront of a judge and a room full of people? I have been to court before for a different matter and it was very different to what you describe.

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criminal or civil?

 

 

its not impossible but very unusual for the judge to deal with these matters- usually a clerk or manager

 

even the case itself is usually only the judge and the two parties involved in the case -

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Have a look at the link below from post #13 as it describes a typical civil court room - http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

It's not all wigs and gowns ;)


 

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Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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It was a motoring offence many years ago. Thank you.

 

totally different atmosphere then you will be pleased to note

 

(should be) very civilised, polite, calm, no confrontation

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Thanks for all you help, seems i may have over reacted, you've all put my mind at rest somewhat.

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I would like advice in fighting this if possible, can I still push them to supply a credit agreement and other bits to prove I owe them money. I should have done this earlier but in my defense I am uninformed on the law and for the most part was scared into paying because of the court intervention. Thanks.

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I know how the system for this works as i have had someone taken into court and made to produce docs.

 

You have been mislead in a way by being told you can go to prison. Yes you can if you refuse or fail to turn up, refuse or fail to answer the questions refuse or fail to take the oath.

 

You will need to read this info in regards to the questioning.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex324_0309.pdf

  • Haha 1

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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this is the EX140 that will be filled out.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex140_0403.pdf


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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