Subject Access Request to my bank

[mumisskint]

Hello,

I hope someone can give me an answer to this question as I really confused.

 

I put in a subject access request to HSBC at Xmas 2010. They sent me a huge box of paperwork but none of the notes that my bank manager writes when I meet with him are in it. I sent another 2 letters and have had no response until an email came today that told me I couldnt have them as they were for internal use only. They are though notes he writes when he meets with me. I am trying to prove that he said he would convert my non residential mortgage to a residential mortgage when my marital home was sold and that hasnt happened but I know it is in the notes as I sat next to him when he wrote it down.

 

Does anyone know is they can withhold this information? I want to go back to them and say that x, y or z says you should let me have them but I'm not sure how I should challenge it or even if I can.

 

Hope someone can help - thank you.

[citizenB]

Interesting question and I will try and find out for you.

[mumisskint]

Thank you : that would be brilliant!!

I did speak to the Information Commissioners Office this morning and they said that they should not with hold as:

a) I knew the file existed and whats in it.

b) They can black out peoples names.

c) It does not form part of negoiations.

 

They have advised I make a complaint to them and they will take it forward but it could take a while.

 

I am just very worried that I will lose my home in the time it takes to get the file back so I can say 'you did say you would do all these things' and you havent and hopefully stop them from taking my house, its a long shot.

 

Thank you.

[citizenB]

That is good news the ICO are prepared to sort this out for you.

 

You mention the possibility of losing your home... we would need to know more in order to advise on that, I should think you would be able to persuade any court to put a repossession hearing on hold/delay if you were waiting on information that could help in your defence.

 

Is there any such hearing already in process ? If you could advise further I can direct those people best able to help/advise to your thread.

[citizenB]

Site team member, steven4064 has also confirmed that the handwritten notes are data .. see below..

 

 

Yes - they are data of which the customer is a subject