Jump to content


  • Tweets

  • Posts

    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
    • Post #9 suggested some options to avoid or put off having a smart meter. Post #12 a simple solution to your complaint about the ay they handle fixed monthly DD. It's not really clear why you posted if you're going get irate when members "jump in" with suggestions. You can see what I'm referring to on "gasracker.uk" to allay your suspicion that I was lying in Post #16 which was made to correct ther misinformation shown in your Post #15
    • Back to octopus from the smart meter/tariff salesperson. Octopus have now said just ignore the letter - I dont have to have one despite there letter implying (at least) it was required, but that i will HAVE to have a smart meter if current meters stop working as 'their suppliers dont supply non smart meters any more'. They also say they do not/will not disable any smart functionality when they fit a smart meter I am of course going to challenge that. Thats their choice of meter fitter/supplier problem not mine
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Non-compliance on SAR by HFC on old current account plus


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4217 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**&highlight=SUCCESS

 

So are they saying they have destroyed your data because the account was closed 6 years ago ?

 

What did the ICO have to say ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

What is the purpose of the SAR ? PPI claim, if so and you have an account number or copy of the agreement - send in the request anyway.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Citizen B,

the purpose of the SAR is PPI and I have the payment deductions on my Bank statements. They were taking about £11 pounds monthly as PPI on the loan for about 2yrs. (2000-2002) do you think I should just do the SOC with the FOS questionaire and send it to HFC then?.

Link to post
Share on other sites

If you have all the bank statements and the account number most certainly, do the spreadsheet and send to HFC. Sit tight for a little while, I will alert someone on the site team for you.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

not the infamous current account plus was it?

 

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... 

Link to post
Share on other sites

Hi, have been advised yes, send in the spreadsheet and FOS claim form to HFC - do you know which spread sheet to use ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

You need to be very careful throwing LBA's around, especially if you don't follow them through. Luckily for you in this instance that you didn't.

 

If there has been a 6 year gap between you and HFC conducting business, then they (although most likely to have your details) can claim that they have destroyed your details and there is nothing you can really do to prove otherwise.

 

Should you have made a payment to them within six years or still use the account you want to claim on, then you should be able to Issue Court papers.

 

Jogs

Link to post
Share on other sites

@Dx, yes its the Personal loan Plus Account.@ Citizen B, I have the statement on my BB account where the payment was drawn from.

 

@ havingastella,whatever they have done with the account should be produced as the SAR request stated.

 

i will paraphrase what the content of their letter to me says.

 

" We write further to your letter dated 20 august 2012,the contents of which we note.

Our position remains unchanged from our letter dated 15th august 2012

We confirm the above account has been closed over 6years.

HFC bank retains account information and documentation for a period of six years after an account has been closed. this is done to ensure HFC Bank complies with certain laws and regulations,including The Data Protection Act and The Proceeds of Crime Act.

They have not explained wat they have done with the account and completely ignored the SAR.

Link to post
Share on other sites

i 've had one upheld and one refused by the FOS exactly the same scenarios - figure that out

 

the only diff was the age.

 

if you read around on the hfc threads

you'll see that in the late 90's / early 00's HFC hired

every shredder van they could to distroy everything they could

 

when the PPI scandal was breaking and authorities were beginning to sniff around.

 

even some some not reached 6yrs.

 

what is your reason for mis-selling

 

if its cast iron, then you might be ok

 

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... 

Link to post
Share on other sites

@DX,

 

To the best of my knowledge I did not ask for PPI to be added to the Loan.If they have shredded all the paperwork where would they get the agreement from? How can they dispute the figure that would be calculated if they have no trace of my account with them. Can the FOS compell them to pay the figure that is calculated. Please share your experience with us on this cos I dont want to engage in a wild goose chase. Waiting to hear from you.

Link to post
Share on other sites

@DX,

 

To the best of my knowledge I did not ask for PPI to be added to the Loan.If they have shredded all the paperwork where would they get the agreement from? How can they dispute the figure that would be calculated if they have no trace of my account with them. Can the FOS compell them to pay the figure that is calculated. Please share your experience with us on this cos I dont want to engage in a wild goose chase. Waiting to hear from you.

 

they will still hold basic info on an accounting system, but have prob shredded the paperwork

did you have company statutory sick pay [6mts full 6mts half]? that might work.

 

you need a better reason thsn you think it was missold.

 

 

i'd put a claim in , see what happens

 

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... 

Link to post
Share on other sites

HFC (HSBC) will state they do not need to keep information under regulation permitting their destruction under certain paras, but if you have statements showing list on the spreadsheet incl dates and submit that, might send copy to Julian Howells @ HFC he is contact member of staff for the ICO.

:mad2::-x:jaw::sad:
Link to post
Share on other sites

@DX,

 

PPI was automatically added to the Loan without my consent being sought.

 

I have Company statutory sick pay of 6 months full pay 6 months half pay.

I have not put in a PPi mis-sold case to HFC yet cos I wanted to see the amount being deducted as PPI

from the £54 pounds monthly payment that they were collecting from me as I do not have those paperwork any more save 1 or 2 from them.

 

I do have my bank statements reflecting the deductions from the time

the 1st direct debit was drawn until it was paid off.

 

What I intend doing is to use an average amount as monthly PPI payment to do the calculation before sending it off to FOS

as HFC has consistently stated that the account has been closed over 6yrs.

 

Do you think I should put a claim to HFC on PPI then or should just take it to FOS straight even thou I have reported HFC to the ICO .

 

@Mike770,

I have copies of my Bank statements showing the payments to HFC on the Loan Account in question and I can highlight them.

 

Do you have the contact details for this Juan Howells at HFC?

and do you think I should contact HFC for the PPI first before going to the FOS?.

 

My reason for asking is because they have refuised to comply with my SAR request.

 

So they can turn round that they have no record of that account and therefore they cant deal with it.

 

Your advise please all Caggers!!.

 

Thanks.

Link to post
Share on other sites

ok you have two claims now.

 

1st current account plus

 

you'll have something like a regular payment on your bank statements each month

thats the PPI coimg out

 

tot those up on the foscisheet

with the fos cq [already had works cover]

and

covering letter

 

fire those of to hfc

 

Dixons purchase

 

you say you've got the agreement

 

post it up

 

this one should be easy as you have the agreement

job done they'll cough up

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... 

Link to post
Share on other sites

  • 3 weeks later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...