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HSBC OD - terms and conditions not considered personal information


daisy102
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Hi it's me again

 

Didn't have chance to send letter to dg. Received another one from them stating they have put the account on hold due to the bank's non compliance but informing me the bank has already sent me documents and that collection activity will continue after 4 weeks.

 

Still nothing from the bank and the only documents they have sent under the original sar is a couple of years statements, recent ones, a couple of recent letters and a boxful of computer printouts.

 

So dg have sent me a letter threatening legal action, then a letter offering a discount or send to debt collector, and now account on hold. I'm confused. Any help on how to proceed will be appreciated as always.

 

Thank you

 

Daisy

Daisy

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if they are offering a discount then its a good sign they have not got the paperwork to go to court

or all most of the bal they are chasing is either all unlawful charges or mis-sold ppi - hence 'their' discount too you! - your money in other words! - and it is obv if they took you to court - you'ed put in a counter claim and they'ed lose the case.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Daisy , if they haven't fully complied with your SAR , and you've told them so in writing ....then I'd let them sweat ........ they know they can't go to court with loose ends hanging about like this ......

 

wait and see what else they come up with to try to unsettle you ...IMHO you are in the driving seat .......... and they know it !! :-D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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hi

 

Received a letter from ICO acknowledging the safe receipt of my complaint and they will send me a reference number when it has been assigned to one of their advisors.

 

Still nothing from the bank regarding my non compliance letter.

 

Will let you know if I hear anything further.

 

Cheers

 

 

Daisy

Daisy

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OK daisy , if the bank does come on huffing & puffing , just quote the ICO case no . at them and tell them to comply with your request or back off until it's resolved with ICO .

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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  • 2 months later...

Hi everyone

 

An update

 

Still not heard from ICOwith reference number.

 

Received a letter from solicitors stating I was given a final response and their holding the account in abeyance for 7 days, what a joke, the letter is dated 14 days ago received today. Enclosed is a very personal questionnaire for me to fill in and send back with a proposal for payment. If I fail to respond it will result in court action. I can also phone them if I want to.

 

Should I get in touch with ICO and ask what to do with the letter. I have no intention of using the phone!

 

Will update again.

 

 

 

 

 

 

cheers

 

Daisy

Daisy

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I have still not received a reference number from ico regarding this account. Have not received any documentation at all from hsbc. The last letter I received from them stated they were looking into things for me. Heard nothing from them.

 

All my letters of payment proposals were ignored and the account passed to metropolitan and then dg.

 

Any help would be appreciated with a letter to these people.

 

Thank you

 

Daisy

Daisy

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tough luck for them then

keep ignoring.

 

give the ico a ring next week p'haps

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you dx

 

I will ring ico and ask them what's happening about my complaint and tell them about dg's latest letter.

 

ICO are taking a long time to send a reference number.

 

Will let you know what they say and ask or further advise if I may.

 

Thanks again

 

Daisy

Daisy

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Hello Daisy

 

Did you also have an HSBC Mastercard? if you did I have some very useful info that will almost certainly get you a refund of some of the interest! I am reading your thread with great interest, there is lots I want to say but now is not the right time for me to do that. If you abid your time tho you might just find things with HSBC become much easier to sort with them. Thats all I can say right now but stick in there with hope that one day your nightmare with HSBC will finally be over.

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  • 3 weeks later...
  • 2 weeks later...

Hi everyone

 

A lot to update.

 

Rang ICO, no help because of the backlog, they will send reference number once it has been assigned.

 

Sent a letter to dg reminding them the account was in dispute, a complaint has been lodged with ico, that overdrafts are exempt from part v but are partially covered by a provision of a facility letter etc.

 

I asked again for the documents they will be relying on in court.

 

They have replied with the letter below.

 

DX- att removed as shows barcode an a/c numbers

 

pdf.gif

Daisy

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threat-o-gram

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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DX is right Daisy , usual bully-boy tactics .... if you want to be seen to have replied (which might look better if it came to court , although that's highly unlikely:roll:) ask them (by recorded delivery letter) to send you a copy of the authority they have to collect this alleged debt i.e. a copy of the agreement .....

 

Then forget about them ... they're trying it on ! :)

 

Oh , and whatever you do ... don't phone them ..... !

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hopefully hsbc will give up banking in the uk as the fsa tighten their grip with banking legislation. Self regulation has never worked and hsbc wont be pleased that they are losing their grip and control! LOL.

Edited by Pimlico
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daisy

re the 'technicalities' re an o/d - they are required to have sent an o/d 'letter' soon after the o/d arrangement, and this shld contain the terms of the o/d. they are also required to send some 'notice' before calling in an o/d. also, if in 'breach' of the o/d agreement, then a compliant Default Notice is required before the cr can terminate etc if they are doing so on the basis of your 'breach'. the 'clause' saying that they can call in the full amount at anytime in such short notice may be regarded as 'unfair', and an 'unrealistic demand' for payment.

imo

Edited by Ford
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