HSBC OD - terms and conditions not considered personal information

[daisy102]

Hi Ford

 

To clear up the confusion, my fault, my original sar made no mention of facility letter, my non compliance letter did, I think this is why the bank has said they do not have to send information not originally asked for.

 

Your point about them sending everything because I asked for all information as well, leads me to believe they have nothing else to send me as the original facility letter should have been included in my sar, if they had one. They have not provided it. so I have no idea what the terms were at the time, I am 99 per cent sure I did not receive one at the time as it was done over the computer whilst I was in the bank, I know I didn't sign anything then.

 

Am I understanding you correctly, and does this make sense, so sorry but I am realy confused with their response to the ico.

 

The bank has not said they do not have the documents I asked for but told ico they were unavailable.

 

I am going to leave this one until they get in touch again.

 

Thanks again for all the help, sorry to be a pain.

[Guest]

hi

yes, i think we are thinking the same.

ie you asked for all data. they've said that they have sent everything. ico says they have complied.

if they did have applicable data other than what you happened to specify as examples, and haven't sent it. then they may have made a mistake as you asked for all data. but, as you say, it's been to the ico.

yes, perhaps leave it for now and see what transpires.

re the o/d letter. these usually should've followed where an o/d has been agreed . overall, they usually don't keep an actual copy of letters sent, but they should have a record in their logs of reference letters sent. (in general, note that they do now have to do an 'agreement' when an o/d is taken out).

Edited November 10, 2011 by Ford
typo

[daisy102]

Hi Ford

 

Got there in the end, thanks for putting me staight. So stalemate at the moment then, am I right in thinking it would be difficult for the bank to introduce documents if they decided to take further action on this, and could be the reason they passed it around and offered a discount.

 

I'm pretty sure I received nothing regarding the o/d at the time and nothing was signed, it was taken out with midland so I think it unlikely the bank would have kept the communication logs going that far back.

 

Grateful thanks

[Guest]

hi

if they did later introduce relevant data that existed at the time of your sar, and so should've been sent under the sar, then you would poss have cause for complaint on that issue. but, whether it would then be inadmissable in court (if that's what you're thinking of) is v unlikely.

usually o/d's were just 'arranged', and not signed. and at that time, a letter should've followed asap confirming the arrangement and outlining its terms. (now banks have to give an actual 'agreement' at the time)

an o/d becomes running credit subject to the cc act, so a compliant default notice may have been required. depending on the circumstances.

Edited November 11, 2011 by Ford

[daisy102]

Hi

 

Yes that was what I was thinking, thanks for making that clear. No default notice was sent, and no letter after the o/d was set up.

 

I will keep you informed of any developments.

 

Thanks again

[Guest]

hi

just to add re def notice. may depend on how/why they ended. ie as per the agreement or 'by reason of any breach'. if the latter, then a def notice should've been required.

Edited November 15, 2011 by Ford

[daisy102]

Hi

The overdraft is paid what's left is all charges which I refused to pay so I suppose I was in breach. No dn received.

 

Thanks Ford

[Guest]

hi

did they formally 'recall' the o/d, you then paid (minus charges) and then it went out for collection? or did it go straight out for collection without a 'recall'?

[daisy102]

Hi

 

This is what happened.

 

Income eaten up by o/d and charges.

O/d equall to charges. I worked this out myself and reclaimed but was refused.

Opened another bank account and transferred everything out leaving o/d comprised wholly of charges behind.

Bank demanded o/d back, all charges.

Bank sent account to collections. As far as I know it's still with them. No dn received.

 

I'l check my paperwork but I dont think a formal demand was sent until after I abandoned the account.

 

Thanks

[Guest]

hi

ok. was just thinking that if you were not in breach when they called in the o/d, then a dn may not have been required?

Edited November 23, 2011 by Ford

[BRIGADIER2JCS]

A default should not be issued for charges alone I think.

[daisy102]

hi

 

It's been a while since I updated this thread, nothing happening, today got a letter from resolvecall threatening a doorstep visit and asking me to get in touch with the bank to arrange payment.

 

The have quoted the wrong account number, in fact it's not even an account number. I kinow what the numbers are for, I use them quite often, what worries me is that the bank has given these details out, although they would need a password to go with them.

 

I would appreciate any suggestions on how to handle this.

Grateful thanks as always to everyone

[dx100uk]

resolve call never show

they have no poweres ignore them

 

dx

[daisy102]

Thank you dx

 

I am more concerned as they have increased the balance and they have the wrong account number. I will ignore them.

 

Thanks again