Dreadpirate Vs HSBC

[dreadpiratesteve]

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?

[BRIGADIER2JCS]

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

[dreadpiratesteve]

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!

[BRIGADIER2JCS]

When you have these massive amalgamtions and

diversifications in financial companies the data

is spread widlely, yes SAR to the insurance arm.

[rdm2006]

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.

[dreadpiratesteve]

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!

[rdm2006]

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

[BRIGADIER2JCS]

It's more likely you will more information

from different departments of the bank.

[dreadpiratesteve]

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?

[rdm2006]

write to the ICO Information Commissioners Office

[dreadpiratesteve]

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!

[dreadpiratesteve]

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

[dx100uk]

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

[dreadpiratesteve]

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?

[Old Cogger]

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.

[dreadpiratesteve]

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!

[BRIGADIER2JCS]

Good Luck

[dreadpiratesteve]

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?

[dx100uk]

which claim

 

loan or credit card

 

did you do an soc?

 

dx

[dreadpiratesteve]

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.

[dx100uk]

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

[dreadpiratesteve]

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%!

[dx100uk]

use an avg of the int

 

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

 

dx

[dreadpiratesteve]

Thanks DX,

 

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

[dreadpiratesteve]

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