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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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chippo

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i recently received court papers from mbna the papers came from the northampton bulk center, i am dening the whole claim and i am doing this online, do i need to enter my defence in the box (defence) or can i leave it blank?, thanks

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Hi chippo,

 

When did you receive it and how long have you got?

 

Have you gone online and completed the acknowledgement of service? If not then get that done. I assume you'll be defending 'All'.

 

Will try and pop on this evening and give you a hand.

 

M


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ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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the issue date on the court papers is 27 nov, just filling it in now, do i tick the box where it says "contest juresdiction ?

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Moved to Legal Forum


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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the issue date on the court papers is 27 nov, just filling it in now, do i tick the box where it says "contest juresdiction ?

 

Will pop on later. You have oodles of time. Just complete the AOS on-line for now,

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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right, did not tick the contest juresdiction box, acknowledgement of service has been sent,

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Has the claimant supplied you with any of the documents referred to in the Particulars of Claim ?

 

Or are you in posssession of the necessary douments ?


 

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hi supasnooper,there are no documents refered to in the poc,

 

particulars of claim is as follows,

 

the claiment claims payment of the overdue

balance due from the defendant under a contract

dated on or about xx/xx/1999

in the sum of xxxxx.xx inclusive of interest

to the date of this summons at 8% from xx/xx/09 to xx/xx/09

PARTICULARS a/no;-xxxxxxxxxxxx

DATE ITEM VALUE

XX/XX/09 default balance xxxxx.xx

post refrl cr NIL

 

XX/XX/09 interest xx.xx

TOTAL XXXXX.XX

 

together with;-

interest pursuant to s69 county courts act 19

at the rate of xxx.xx pence per day to the date of

judgment or sooner payment.

 

 

 

thats what the poc says, a while ago i sent for a cca and all i received back was an application form, hope this helps,

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you are going to have to give more details as snoops says. I got the impression in your earlier posts that you were thinking of putting in a 'get stuffed I dont owe it' defence? Whilst I con understand the sentiment I would urge you to 'jump through the hoops' or you could lose this by default.

 

What kind of debt is it, do you have the paperwork, and the details of their claim would help us help you.

 

The process goes something like this:

you request documents to support their claim using cpr 31.14 / 18

then you prepare a holding defence.

 

Make sure you work out the court submission deadlines and stick to them.

 

hope that helps for now

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its an mbna credit card, i dont have any paperwork, so do i need to request these documents using cpr 31.14 ?

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send a cpr 31.14 and a cpr 18 and get a holding defence ready for when they dont comply with your requests in time.

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i think i may need help with the cpr 31.14, and what is a holding defence?

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is this ok please,

 

Dear Sir,

 

Re: (Claimant's name) v (my name) Case No:

CPR 31.14 Request

 

On 27 november 2009 I received the Claim Form in this case issued by you out of the northampton County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice

 

3 the termination notice

 

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

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oh they are claiming more than £5,000 do i delete the paragraph under the word "termination" ?

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could someone please have a look and advise,

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oh they are claiming more than £5,000 do i delete the paragraph under the word "termination" ?

 

Yes, delete.

 

And don't forget CPR 18 too as HB pointed out.

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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thx M, is it ok to leave #2 and 3 in if they wasnt mentioned in the poc ? thx

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thx M, is it ok to leave #2 and 3 in if they wasnt mentioned in the poc ? thx

 

Yep

:)

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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both done ready to send tomoz, thx all.

 

Call me unfair devil-smiley-052.gif but i delay sending it for a bit - gives them less time to comply but that's my own opinion. It's up to you

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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lol @ M,,,,,am i right in saying that i have untill 30/12/09 to get my defence in ? and does the same apply to an holding defence

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There or thereabouts. From memory it's 28 days plus a few days for postage so sounds about right.

 

AOS has to be by 14 days - would send CPR requests just after the 14 days has passed.

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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how long do i need to wait for a response from the other side before i have to send in a holding defence please ?

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how long do i need to wait for a response from the other side before i have to send in a holding defence please ?

 

Are you doing it online? get your holding defence prepared! You can wait up until you have enough time left to get your defence into court if you wish.

 

DON'T be late getting it in!!!!

 

It's unlikely they'll respond with everything you've asked for anyway.

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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