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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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militantconsumer

Militant v Cabot (co-starring Next Retail and Moorcroft)

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This is the story of a Next Directory account from back in 2002 when a signed Credit Agreement was necessary for enforcement of a debt, but Next hadn't quite realised.

 

The account was defaulted in 2005 and ended up on a payment plan with Gregory Pennington (now "Think Banking").

 

In 2009 we discovered CAG and decided to take control of things. We got rid of Think and got a normal bank account with Yorkshire Bank (no credit check but you get a proper debit card).

 

By this point Moorcroft were dealing with the Next account so we wrote and told them it was in dispute due to the lack of a credit agreement and so we weren't paying. They gave up and passed the account back to Next.

 

We heard nothing for months until Cabot bought the account....

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Numerous nuisance calls and tantalizing letters did not get the result they wanted - i.e. we would not speak to them on the phone.

 

So they sent their standard welcome letter.

 

We replied pointing out:

 

1. Account in dispute, no credit agreement, unenforceable

 

2. Added interest disputed, no right to add interest as no agreement

 

3. No right to pass data to credit reference agencies

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We wrote back with a Section 10 notice and we said:

 

In your letter dated XX November 2009 you state that “Cabot is legally entitled and obligated under the original credit agreement and under the Data Protection Act to process information and also to report to the Credit Reference Agencies” and you also claim that “under the original terms of the credit agreement, which signed with the creditor, consented to information being disclosed to third parties and CRA’s.”

 

However, you admit in the same letter that you do not hold a copy of any signed credit agreement. Please explain how you can support such statements when you have never seen any agreement for this account.

 

It is my position that no credit agreement was signed with Next Retail and that I did not give permission for any company to share data with third parties and Credit Reference Agencies. As you clearly have no evidence to support your actions, I suggest you cease processing this data with immediate effect, and remove any data which you have already lodged.

 

Please consider this letter a Section 10 notice under the Data Protection Act 1998. If you do not comply with this request I may take action against you, including (but not limited to): filing a complaint with the Information Commissioner; reporting this matter to Office of Fair Trading; and issuing a court claim against you for damages.

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Cabot replied with a lot of waffle about the Data Protection Act (I will scan up a copy of the full letter in a minute)

 

My favourite bit is where they say:

 

You raise concerns in your letter, that Cabot is not legally entitled and obligated to process data under the terms of the credit agreement, as you believe that no credit agreement exists. Please be advised, a credit agreement (account) in the name of XXXX has been assigned from NR to Cabot. In order for this agreement to exist, a credit agreement (contract) is required to be signed and executed by both parties. It is therefore evident that a credit agreement has been signed, by a XXXX in order for this agreement to exist.

 

I trust I have set out our position clearly.

 

Yes, it really does say that. Spot the flaw in their logic in that one!

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because we have a letter selling us the gold mine, then therefore the goldmine must surely exist


Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Should we complain to the Information Commissioner about this? Surely they can't just report data to CRAs without an agreement, and when we have specifically asked them not to? They claim an agreement must exist but we have told them it doesn't and never did.

 

 

I would send an lba to ken maynard himself, and if they still come back with the same logic then send them an N1 for christmas

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I forgot to mention a funny part of the story. In the meantime, my friend has opened a new account with Next Directory (she did it accidentally online - she thought she was just buying something but obviously didn't read all the terms and conditions).

 

So we are still in default on the credit files, Next have sold the account to Cabot, but she can run up more debt with Next at the same time!

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Cabot send us a new letter every couple of weeks saying that they are still asking Next for the agreement, but Next can't find it.

 

In the meantime they will not chase us for payment.

 

Do you think this means that Next have even lost the application form? Otherwise presumably Cabot would be writing to us trying to claim that the application form was the agreement?

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Cabot send us a new letter every couple of weeks saying that they are still asking Next for the agreement, but Next can't find it.

 

In the meantime they will not chase us for payment.

 

Do you think this means that Next have even lost the application form? Otherwise presumably Cabot would be writing to us trying to claim that the application form was the agreement?

 

 

YES:D and YES:lol:

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Next, cannot even send out SAR information they can however keep my £10. My account dates back to 1995, their response to my CCA was that I had previously received it??? I wrote back telling them that the account was now in dispute, and to give the £1 to a charity of their choice. I also stopped making token payments. It was actually fun to make £1 token payments in a childish way as everyone would get bogcroft to issue a letter saying they I should pay through them. Since I have stopped payment bogcroft are threatening litigation "again".

 

So no agreement yet they still registered a default. If I took them to court for failure to provide my SAR information could they counter claim for the account balance?

 

Pumpytums

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