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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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Blue Crystal

How to solve some ( apparent ) loopholes in this legal procedure ?

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I was told that only an official letter to the landlord, complaining about a fault in the collective facilities of the house, would have a legal consequence and that a verbal complain ( either personally or by telephone ) does not legally oblige the landlord to take any action. However, after thinking on it a bit, I found two possible loopholes which a crafty landlord ( in my case ) would not hesitate to use:

 

1) Unless the letter is registered, the landlord could allege not having received any letter.

 

2) Even if the letter is registered and the landlord had to sign its reception, he still could say that it was an “empty” envelope with nothing inside.

 

So, how to avoid a crafty landlord to use these loopholes ?

 

3) Does recording my conversation with the landlord, where I am complaining about the problem of the house, amount to a legal proof ?

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1. In law a letter which is posted by oridnary first class and correctly addressed is deemed to have been delivered 2 days later.

2. No such thing as registered in Uk anymore, nearest being Special delivery. Yes, they could but who would believe them? A crafty tenant could indeed send an empty envelope. But in that case the honest landlord would contact said tenant as the senders details are on the back of the envelope.

3. You may record any telephone call made to or from your private phone. However, they are not admissable in court. A transcript of the call may be useful, but the actual call is not admissable and thus worthless.

 

If you have to have proof of a letter being received, there are people used called 'process servers'. Used by courts and solicitors. They will hand deliver the letter, not in an envelope if requested, and a signature is not required.

 

Easiest solution is to pay a solicitor to send a letter. £25 or so and there is court acceptable proof of sending/delivery.

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I was told that only an official letter to the landlord, complaining about a fault in the collective facilities of the house, would have a legal consequence and that a verbal complain ( either personally or by telephone ) does not legally oblige the landlord to take any action.

 

I only offer the following to give a slightly different take on this.

 

Who told you this, an Agent? Ultimately, whoever it was, their answer must be rubbish, as, worse case scenario, it's really going to be down to a Court to decide what is reasonable.

 

Be interested to hear from any lawyers though.

 

Yes, clearly you need to document what occurs and, as problems remain unresolved, or escalate, you will go beyond making a call, or calls, sending email(s), writing formal letter(s) and so on.

 

The reality of the situation, though, is that you have called about something that may require some action. If that something really does need action and the Agent, say, ignores the call, then it's on their head.

 

What do they expect you to do?

 

I'd email, or write to them now and say something to the effect of:

 

"Further to my call of DATE, advising you of the PROBLEM, please can you confirm when you will attend please?

 

I was also a little bemused to be told at the time of my call to NAME that only an official letter to the landlord, complaining about a fault in the collective facilities of the house, would have a legal consequence and that a verbal complain ( either personally or by telephone ) does not legally oblige the landlord to take any action.

 

That does not seem quite right, please would you confirm what your companies position is on this please"

You may already have done this, of course, apologies for initially assuming you may not have done. Either way, post again here if and when they ever reply.

 

To put this in a practical context, I know of someone who had been able to document the beginning of what became a relatively serious problem by pointing out that an initial series of telephone calls (taken from a mobile telephone record) clearly showed that X was calling Y at a time when Y had (previously :D) denied any knowledge of the problem / calls.

 

Obvious, but still quite funny, really.

 

Hope that helps.


As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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I agree with the post above. I have never heard anything about only an official letter will do. You just need to make contact and make them aware of the situation. Are they really saying that if there was a leak in the property you should be reporting this through an official letter because otherwise they may not do anything about it? What is an official letter from a private individual anyway? Are you supposed to word things in a certain way or perhaps use your headed stationery?

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Post your letter from two different post offices on two different days and on both occasions obtain a proof of posting (free). A judge is unlikely to believe that two letters sent in such fashion both failed to reach their destination. The recipient could refuse to sign for a recorded or registered letter.

 

Keep your letter succinct and to the point. List the repairs which you consider require to be carried out. If nothing has happened within a week do the same again but state that unless the repairs referred to are carried out within the next [7-14] days you will obtain 3 estimates for the work and taking the cheapest, have the work carried out and deduct it from the rent.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Is this a rental?

 

It sounds like it, but I ask as a few years back there was a ground rent grazer, sorry, Freeholder, that I heard about that wanted everything :rolleyes: in writing.

 

At the time I tended to make calls though, which was always fun, then confirm what was said in writing. Much easier, sometimes, and less doubt when trying to sort out a headache.

 

Fully appreciate that their responsibilities at the time were limited, and would have little, or no repairing liabilities, but re-reading this post I was reminded of them :(.

 

Just a thought, plus, it sounds like Blue Crystal is renting a flat/room anyway.


As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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Post your letter from two different post offices on two different days and on both occasions obtain a proof of posting (free). A judge is unlikely to believe that two letters sent in such fashion both failed to reach their destination. The recipient could refuse to sign for a recorded or registered letter.

 

Kentish, the problem is that this procedure does not prevent a crafty landlord claiming that he received an mail envelope but it was "empty" ( no letter inside ).

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I am sorry but you do seem a bit paranoid. Judges are not stupid and are very unlikely to believe such a story. If however, you are still wary and you want to guarantee proper service of a document, use a process server, then there will be no question.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Thank you, Kentish.

 

When you live in a distressful situation caused by a crafty landlord is better to err no the paranoid side than on the complacent one.

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