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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Dreadpirate Vs HSBC

dreadpiratesteve
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dreadpiratesteve

dreadpiratesteve

Posted
Posted

Seeing as this might be a long thread (unless HSBC get their act together!).

 

I sent off my SAR to HSBC asking for information on all my accounts (this was made bold and in capitals to ensure they understood the request!).

 

They have since sent me a nice 2 page letter giving me the details of a loan, and the PPI reference numbers for both the loan and credit card. They claim they couldn't provide me with further details as it is held with another Data Controller (cunningly titled HSBC General Insurance). The letter also states the information provided is free and therefore they have returned my cheque (funny as it was a postal order) - Which wasn't included in the letter!

 

As there is a week to go before the 40 day deadline is up, should I write now and tell them they've failed or should I wait till it has expired and send the failed letter?

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

I guess that they have complied as far as they can

and without charge and with with the fact that you

need to contact another data controller which is not

unusual when banks have an insurance division seperate

from their bakning operations.

 

Your only complaint is the non return of the £10.00

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dreadpiratesteve

dreadpiratesteve

Posted
  • Author
Posted

Thanks Brig,

 

Just thought it wierd that after asking for information on all my accounts, including a list of all charges and correspondance this was the best they could offer!

 

Ah well, another SAR to the insurance arm then!

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

When you have these massive amalgamtions and

diversifications in financial companies the data

is spread widlely, yes SAR to the insurance arm.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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rdm2006

rdm2006

Posted
Posted

They should still give you all other data on your loan and credit card or (and any other accounts you held/hold), did you inadvertently limit the info to PPI data???

 

 

They are pretty quick to jump on things like that if it means they don't have to give info.

 

E.G. if you mention you wish to reclaim PPI they then see that as the only info you need. The fact that you wanted all other info regardless is irrelevant to them.

HTH (Hope This Helps) RDM2006

 

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dreadpiratesteve

dreadpiratesteve

Posted
  • Author
Posted

No, it was a general SAR that asked for everything. Whilst I did request any PPI payments and charges, I did not specify that the SAR was for the purpose of PPI reclaim!

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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rdm2006

rdm2006

Posted
Posted

Like I said, they will see this as a request for PPI info write back and tell them you want all info

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

It's more likely you will more information

from different departments of the bank.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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  • 2 months later...
dreadpiratesteve

dreadpiratesteve

Posted
  • Author
Posted

HSBC still haven't bothered to send me the information and now looking at the court route to get the information! Is the N1 form the best option or should I use money claim online?

 

I guess I should just list their failings in chronological order with my preferred resolution?

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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rdm2006

rdm2006

Posted
Posted

write to the ICO Information Commissioners Office

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

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dreadpiratesteve

dreadpiratesteve

Posted
  • Author
Posted

Thanks RDM, I have sent a complaint to the ICO so here's to waiting another 6+ months for the information! I have also sent an official complaint to HSBC and am still waiting to even have a response from them! I know I have to give them 8 weeks to respond before escalating to the FOS!

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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  • 1 month later...
dreadpiratesteve

dreadpiratesteve

Posted
  • Author
Posted

Here we go, some advice as it seems HSBC are proving to be a pain in the backside!

 

I am still in the process of waiting for all my data to come from HSBC, despite sending off the initial request in April (This is now with the ICO and I have sent an official complaint to HSBC in this regards which has still gone unanswered). I thought I would send in a claim for my PPI to see what they would offer in June.

 

Whilst they have upheld my complaint, the amount they are offering me only covers me from August 2006 to date as they have "no data prior" as they destroy the data. Yet they noted that my policy started in May 2002 but no offer to cover that date (which is convenient for them as the period between 2002 and 2006 was when it was used most).

 

What are my next steps - a letter saying "jog on, where's my money from 2002 and 2006?" Are there FOS guidelines for this?

Secondly, I would still like to see the statements, and has been referred to the ICO, can I tell them that I will accept, or make a counter-offer once they have decided to comply with the DPA and provide me with the data?

 

Your thoughts! Thanks

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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dx100uk

dx100uk

Posted
Posted

p'haps the data does not exist

 

have sent a failure to comply letter?

 

there is nothing to stop you guestimating the ppi figure for the missing statements

 

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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dreadpiratesteve

dreadpiratesteve

Posted
  • Author
Posted

Thanks DX,

 

I have sent them both a failure to comply and an Official Complaint letter detailing my displeasure at their actions.

 

As for a guestimate, should I ask for the average PPI from the refund they've given me? I.e £110 over 10 months, therefore £11 per month from May 2002 to August 2006, plus the interest they've charged me?

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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Old Cogger

Old Cogger

Posted
Posted

They are suppose to be able to work out a mean figure for prior information I read somewhere, you are learning like 112,000 + other people that HSBC are the Worlds Worst Bank to deal With on any subject where they do not want to be proved to be evasive or wrong.

:mad2::-x:jaw::sad:
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  • 1 month later...
dreadpiratesteve

dreadpiratesteve

Posted
  • Author
Posted

An update!

 

Well, I'm on the verge of finally getting my data as they are sending it to my nearest branch.

 

And we know they are lying as they can now see records going back to May 2005, despite the previous letter telling me they can only see until August 2006! They have offered a slightly higher amount for 2002 to present. I am going to await my data and see what it shows before accepting or making a new offer!

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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dreadpiratesteve

dreadpiratesteve

Posted
  • Author
Posted

Finally got my data and nothing groundbreaking! However, is this offer right? Which includes a calculation from May 2002.

 

1: PPI refund £365.36 (Of which I have statements from May 2005 which show a total of £97.46)

2: Interest of £41.61

3: 8% Simple Interest of £312.48

 

The interest (2) seems a bit low in terms of compound interest going back to 2002 as I've divided the PPI amount we don't have statements for, at a monthly rate starting from May 2002 to May 2005 and at 11.9% I make the interest to be 10 times as much!

 

Should I submit my alternate offer?

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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dx100uk

dx100uk

Posted
Posted

which claim

 

loan or credit card

 

did you do an soc?

 

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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dreadpiratesteve

dreadpiratesteve

Posted
  • Author
Posted

This is for a credit card.

 

Soc? I havent sent a statement as I didn't have the data at the time but did send the FOS questionnaire.

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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dx100uk

dx100uk

Posted
Posted

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

use the 4th sheet here

 

send them that.

 

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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dreadpiratesteve

dreadpiratesteve

Posted
  • Author
Posted

Thanks DX.

 

Would I be right in dividing the PPI amount I don't have statements for to give an equal amount from 2002 to 2005 (ie 365.36 - 97.46 / 36 months)?

 

I will have to look at the statements/ notes to see if there is any APR they've charged as all I have on the summary is an "effective APR" which ranges from 6.6% to 89% (varies from month to month) which gives me an average APR of 22%!

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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dx100uk

dx100uk

Posted
Posted

use an avg of the int

 

and an avg of your known PPI payments for those you dont.

 

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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dreadpiratesteve

dreadpiratesteve

Posted
  • Author
Posted

Thanks DX,

 

I'll have a proper look tonight when I get in from work.

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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dreadpiratesteve

dreadpiratesteve

Posted
  • Author
Posted

Does this make sense?

 

Total Charges: £358.99

Compound Int (from May 2002 to June 2011) at 22.87%: £ 1362.73

Simple Int (June 2011 to Date): £182.96

Still on the lookout for buried treasure!

 

Any advice I give here is based on my own experiences throughout my life, career and training and should not be taken as accurate. If in doubt, speak to someone more qualified - a Solicitor, Citizens Advice to name but two possible avenues!

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