HFC Playing up again!!! advice needed please.

[joe90-123]

Thanks for the response Dx . Could you please point me in the right direction for the template letter for a failed SAR ?.

 

I realise the ims21 is a very busy person and i think this would take up just too much of their time to be honest ,

as without the exact original percentage rate it would be hard to reverse rebuild the account

 

I did find one tiny ( a single line ) entry within the huge SAR pack which states my account history started in Jan 2000

but the earlist piece of account information is from 2005.

 

Any thoughts?

 

Joe90.

Edited February 29, 2012 by joe90-123

[ims21]

Hi

 

I think reconstructing the loan is going to be very very difficult to be honest.

 

All you have to go on at the moment is a list of repayments and from reading an earlier post it seems that the repayments changed. Was this because you got behind with the loan since normally only one payment is made per month as you will appreciate.

 

Also the change in payment amount is interesting....was this due to catching up with arrears or maybe the loan had a variable interest rate.

 

In some instances I would suggest a speculative claim but that is going to be kippered here due to the age of the loan and of course there is no loan reference number to put in to any claim documentation. That virtually guarantees a refusal by the bank.

 

At this point it is not a case that can be taken to court either, again due to the lack of documentation.

 

Apart from the list of repayments you made, can you not recall anything further about this loan....amount borrowed or length of time the loan was originally taken out over?

 

ims

[joe90-123]

Thanks for looking in ims21 , i think i now have the money (£6582.00 ) hitting the account at the correct time ,

and i did not miss a single payment .

As for the fluctuations in the account payments i think it was an interest adjustment to begin with

and then later the interest went up and they added the ppi as a seperate payment.

After i cleared the main account with the cheque for £8559.79

they continued to charge the ppi payment until the the remaining balance ( which could only have been ppi) was refinaced with a further loan ( i know now how wrong this must sound and look ) but back then i was robing peter to pay paul.

 

Can you make anything of that at all?

 

Joe90

[ims21]

I'll have a look and give some thoughts tomorrow

 

I fear that even if we could somehow come to a reconstruction (which may not be possible due to so many unknowns) there is another brick wall looming in that they would need some sort of reference/account number to work with.

 

back tomorrow

 

ims

[joe90-123]

Thanks, i'm still going to try with the failed SAR letter as well , you never know they may just stump up something if i can give them dates an payment amounts .

 

It's worth a try!!!!

 

Joe90.

[dx100uk]

yes threaten them with a report of their failure to the ICO.

 

i'd intimate you are not shy of taking them to court to PROVE

they have distroyed the missing stuff in the correct manner.

 

they MUST record HOW & WHEN it was done & by WHOM.

 

dx

[joe90-123]

Cheers Dx , failed SAR letter sent off today recorded delivery , so we'll see what comes back from that !!!

and i would not hesitate at all to persue them through the courts for the info , my job is and has been for the last 20 years is a child care worker ,working with some of the most criminal youths in the north east so i'm no stranger to the courts and the staff at all of them and thanks to the hfc i have the finances to fund that line of compliance

 

Enclosed in a copy of the letter , does it seem ok?

 

 

The Data Compliance Manager

HFC Bank

Camden House West

The Parade

Birmingham

B1 3PY

 

01-03-2012

 

Your Ref: xxxxxxxxxxxxxx

 

Dear Ms/ Mrs xxxxxxxx xxxxxxxx

 

Thank you for responding to my Subject access request dated 21st February 2012 , I have over the last 5 days carefully read and re-read it’s content and it is with disappointment that I find myself in correspondence with your team again to request that a full investigation is carried out as to the missing items from it’s record of fact .

 

I also note that in my original request I asked for all information on all accounts I have had with your company and that the request was not limited to the 3 accounts you have seen fit to furnish me with information on .

 

I have noted from an item within the request that I have been a customer since 7th of January 2000 and that I also had a loan from your company in the same month of that year .

 

Could I reiterate my request again for your investigating team to supply me with all information held within your systems , be they live or archived on all accounts not previously supplied in your Subject access request dated 21st February 2012 .

 

If you believe this information has been disposed of or destroyed it is your duty to supply me with a written record of the said items destruction , showing how it was done , when it was actioned and the persons position and full name in a fully legible form , this is a requirement under the Information commission office guide lines which I have confirmed today.

 

If you feel that you are unable or reluctant to supply myself with the above information, I am more than happy to issue court proceedings to force it’s release from your company .

 

I am sure this is a case of a simple oversight on behalf of your investigation team and that it can be resolved without having to pursue such an action .

 

Could you please confirm your receipt of this letter by return of post and I would expect to have a full reply with your findings within 14 calendar days ,which I think would be more than an adequate length of time for a full search of your archive and records to be carried out given the information I have supplied you with in my previous correspondence

 

Yours Faithfully

xxxxxxxxx xxxxxxxxx

 

?

Edited March 1, 2012 by joe90-123

[joe90-123]

Any thought at all on the above letter ?

 

Bad , Good or indifferent

 

Joe90

[ims21]

Hi

 

Letter looks good to me....clear and concise and gives them the benefit of the doubt that it was an oversight.

 

As regards the calculations on the above account, I have to say I haven't been able to come up with anything sensible...there are too many unkowns I'm afraid.

 

Lets see what the failed SAR letter produces and take it from there

 

ims

[joe90-123]

Cheers yet again ims .

 

14 days and counting

 

I will try and glean a little more information as to the figures , a loan % rate for the amount ( £6582.00 ) and length of loan .

 

Joe90

[ATRO]

Hi Joe90,

 

Just interested to know if you got a response to this?

[joe90-123]

Thanks for the question,

I did get a reply , but it was the usual " older than 6 years excuse" and that they could not find any record of it .

I did contact the Information commisioners Office ref the destruction certificate

and they have stated that the company does not have to keep or produce such a document .

I also contacted a specialist lawyer who deals with banking law ( as recomemded by the law commision )

to ask wether the use of evidence act would apply , but they also stated that this cannot be used in this kind of situation .

Court proceedings in this case would be of little use , as under law they do not have to keep such a record , so will be quite with in their rights to attend and state no such destruction documant exsists.

So in conclusion:

I will have the account rebuilt using my bank statements, and an estimated percentage rate of the time period and the opening amount , payments and the closing balance cheque,

and send the lot of to the FOS to see if they can force their hand and gleen a bit more information.

Given that i have had all three of the other cases upheld by the HFC , if i can show i had another earlier loan and give the best estimate ( with the evidence i have ) of the figures involved, I might get lucky:smile: .

 

Joe 90.

Edited May 3, 2012 by joe90-123

[ATRO]

Good luck,

 

I lost all my old statements so I guess I will have to pay my bank for about 8 years worth so I can chase the same thing.

 

Thanks for the response.

[joe90-123]

It may work out cheaper for you to SAR your bank and then get everything they have on you , including your bank statements .

Make sure you ask for as far back as you can get them , including ones from their archived accounts .

 

Joe 90.