HSBC - 11 loans over 15 yrs, getting run around with SAR (surprise surprise)

[biglondon12]

hi all, my first time back here in a while - last time was for unfair bank charges about 5 yrs ago. CAG help was invaluable, we won across 7 accounts so thanks again but as the assistance is first class CAG you are my only source for my PPI claim! yes we did donate

 

Anwyay first of all, we complained at the branch and HSBC wrote to us straight away saying there was no evidence of PPI on any of the loans. Total rubbish, so we sent the SAR and HSBC very quickly offered a settlement on 2 of the most recent loans but having sent the SAR and not had anything back yet (not been 40 days yet) we've no idea as to what the settlement should be. We also filled out 11 Financial Ombudsman complaint forms for each of the loans....PPI was across most of the loans but without statements (all shredded over the yrs) we have nothing to go on.

 

Within the settlement offer letter they also said that as the other 9 loans were all older than 6 yrs that the SAR we'd sent was not going to be dealt with unless we wrote to another address which is where they archive their old accounts. The SAR template was from this site, is very comprehensive, and was sent with £10.

 

So the problem we have is that having sent the SAR with no information not only do we not know what we're owed on the two we've been offered a settlement on, but the other 9 are up in the air and seem even further away. What do we do? Chase the SAR? Accept their offer?

 

Guidance would be very much appreciated!

 

thanks and regards

 

J

[ims21]

Hi and welcome back

 

If it were me I'd wait the 40 days and see what turns up. How long have you got to go?

 

If you have sent a SAR with your £10 for all information they hold then you have done your bit. The bank are a data controller so they should provide your data regardless of where it is. Their statement that you will have to send another £10 to another department is a nonsense.

 

It is for the data compliance department/manager to ensure what they send you is complete.

 

So with regard to these loans, were they all used to refinance earlier ones or were they all stand alone loans?

 

ims

[candyapple1]

You said they said you would have to write to another address where the info is archived, did they give you an address?

[biglondon12]

yep - we had to write to an address in Sheffield, they wrote back to say write to Bristol and we even spoke on the phone and the guy said he had the last 6 yrs info on the screen but sseemingly he never actually posted it out. He then said write back to Sheffield but don't mention PPI or they will try to get out of it so we did and we're waiting!

The settlement offer we have is also very limited so we have only some idea as to how their offer is calculated on the 2 loans. It might be correct, but could be and is very likely going to be lower than what is really owed

Don't tell me, we need the SAR information to make any informed decision, right?

[biglondon12]

Hi and welcome back

 

If it were me I'd wait the 40 days and see what turns up. How long have you got to go?

 

If you have sent a SAR with your £10 for all information they hold then you have done your bit. The bank are a data controller so they should provide your data regardless of where it is. Their statement that you will have to send another £10 to another department is a nonsense.

 

It is for the data compliance department/manager to ensure what they send you is complete.

 

So with regard to these loans, were they all used to refinance earlier ones or were they all stand alone loans?

 

ims

 

all stand alone, some paid off early, some at term.

 

We need a response to the SAR to work it all out! scoundrels.

[ims21]

Hi

 

Ok thanks

 

If you haven't any of the agreements then it is nigh on impossible to check the figures.

 

I guess you don't have the agreements for these two loans?

 

ims

[biglondon12]

Hi

 

Ok thanks

 

If you haven't any of the agreements then it is nigh on impossible to check the figures.

 

I guess you don't have the agreements for these two loans?

 

ims

 

unfortunately not...too long ago. we need to wait for the SAR don't we.

 

how can we chase it?

[ims21]

How long is it till the 40 days are up?

 

You could phone to check progress but can't really do anything to force the issue until their permitted time is up sadly

 

ims

[biglondon12]

How long is it till the 40 days are up?

 

You could phone to check progress but can't really do anything to force the issue until their permitted time is up sadly

 

ims

 

we did call to check and that's when the running around began!

 

The first SAR letter went to HSBC in leeds on 23rd November and that is over 40 days ago.

 

they wrote back and said the address was Bristol so we wrote there and they wrote back and said they would investigate but then the offer came through. 10th Jan we re-wrote the same letter to Bristol and are waiting for the information.

 

How can we step this up?

[ims21]

Hi

 

OK so they have failed to provide SAR.

 

In the library there is a template for a failed SAR and they need to be reported to the ICO.

 

You can also issue in court to force compliance with SAR, your action being brought as a failure under the Data Protection Act.

 

With your failed SAR letter, send it recorded to the Registered Office and address it to the Data Compliance Manager.

 

ims

[biglondon12]

thats the ticket.....right then, sending that tomorrow! i am sure they have a big red flag on our name - having claimed for bank charges over £15,000 refunded, I am so sure they have a big message saying "mess these guys around!"

 

thank you very much.......

[ims21]

 

Keep us posted

 

ims

[biglondon12]

 

Keep us posted

 

ims

 

will do thanks!!!

 

i remember with the bank charges that they would only send records dating up to 6 yrs. these loans date back 15yrs

[ims21]

If it gives you some hope, in April/May last year HFC (Part of HSBC) sent me stuff going back to 1988/89 including a copy of the signed agreement so there is some hope

 

ims

[biglondon12]

If it gives you some hope, in April/May last year HFC (Part of HSBC) sent me stuff going back to 1988/89 including a copy of the signed agreement so there is some hope

 

ims

 

cool that sounds promising. maybe i'll pick up with Natwest from 1996 and Co-Op from 1999 as well....

[biglondon12]

If it gives you some hope, in April/May last year HFC (Part of HSBC) sent me stuff going back to 1988/89 including a copy of the signed agreement so there is some hope

 

ims

 

 

hey one last question before i hit the hay if you please?

I'm going to SAR Natwest, Co-Op and MBNA for other loans taken out....if i don't know the account numbers can I leave it blank? Will I need to provide old addresses too?

 

sounds like a lot of borrowing but you'll be pleased to hear that credit for me is now a thing of the past

[ims21]

Hi

 

If you don't know account numbers just give them your full name and current address together with addresses that would have been relevant at the time the accounts were live.

 

Regards

 

ims

[BankFodder]

On the matter of the SAR - they are giving you the runaround and you are falling for it.

 

It is their problem as to whether they are storing your data. It is not for you to write around to people trying to find it. They are required to provide all data - whatever - and wherever.

 

You should have written to them and told them that you require them to produce it within the 40 days statutory deadline. They now appear to be admitting the existence of other data and yet they have not supplied it and this puts them in breach.

You need to stand up for yourselves in the face of this kind of trick and make them realise that they have to get their act together.

 

Secondly, they may fob you off with some rubbish about PPI only being refundable for the last 6 years. I hope that you know that this is not true and this would be simply another banking lie.

 

If they start mucking you around then you should start threatening legal action - and mean it - don't bluff. If you issue a claim form you will see them start behaving themselves.

 

I suggest that at the very least your write a letter of complain to the ICO in respect of every DPA breach

[jdes26]

Hi bankfodder

I've just received my DSAR back from lloyds

I requested everything from when the current account was started in 1986 and the sent me stuff from 2001 onwards

I want to challenge this so what you ate saying is that I can get EVERYTHING?

[biglondon12]

Ok so we're about to issue the claim form to HSBC for failing to comply with the SAR. I've lodged a complaint with the ICO too. They cashed the £10 cheque and wrote to use saying it would take 40 days from now! cheeky gits.

I take it if I dig about there are guides on this site for the claim form re SAR?

thanks always...

John

 

On the matter of the SAR - they are giving you the runaround and you are falling for it.

 

It is their problem as to whether they are storing your data. It is not for you to write around to people trying to find it. They are required to provide all data - whatever - and wherever.

 

You should have written to them and told them that you require them to produce it within the 40 days statutory deadline. They now appear to be admitting the existence of other data and yet they have not supplied it and this puts them in breach.

You need to stand up for yourselves in the face of this kind of trick and make them realise that they have to get their act together.

 

Secondly, they may fob you off with some rubbish about PPI only being refundable for the last 6 years. I hope that you know that this is not true and this would be simply another banking lie.

 

If they start mucking you around then you should start threatening legal action - and mean it - don't bluff. If you issue a claim form you will see them start behaving themselves.

 

I suggest that at the very least your write a letter of complain to the ICO in respect of every DPA breach

[biglondon12]

After much back and forth to HSBC requesting full account history, they sent an enormous box with hundreds of pages of largely illegible information, however after trawling through every page it's clear that they have not included any information with regards to any of the loans apart from the 2 loans they have chosen to offer a refund on PPI. How do we get them to disclose details of these loans? Surely there should be specific reference to each loan. They are not making this easy!! complaint to ICO underway...

[BRIGADIER2JCS]

Two points the data provided must be legible

and understandable, and the SAR must include

all the data pertaining to any business you have

or have had with the creditor, Complain to their

data controller and tell them you are copying your

letter to the ICO.

[ims21]

Two threads merged

[biglondon12]

ok thanks - we'll do that now. Is there a template for such a complaint? Just filling the form out with the ICO for the complaint.....

[McEnaney111]

Do have these addresses to hand? as i am starting a claim against HSBC.