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    • @dx100uk @ anyone else interested in Fighting HSBC UK  Staff/department non compliance and incompetence/interference in between HSBC UK and customers.   I wanted to know what you guys had to say about the reply i got from HSBC UK today.    Recap. I originally turned to HSBC UK to be reunited with Money i saved in accounts that where frozen and made dormant during the year 1995.   HSBC UK Teams tell me that HSBC UK only allows them to have access to account records dated back 6 years. there for they do not have the records, can not locate the records i requested for in my SAR. there for HSBC UK teams Ignored my SAR application for records of accounts made frozen and dormant during the year 1995. HSBC then claim if the accounts where closed they will no longer hold records of these accounts and tell that to the ICO. I again explained to HSBC UK and the ICO the records of accounts where left frozen and dormant.   HSBC UK teams continue to tell me over the phone that The records i requested for in my SAR, will not be located or do not exist because HSBC only allows them to have access to records of accounts dated back 6 years.    I returned to HSBC highlighting there is no such provision in the Data Protection Act.   HSBC UK teams today totally ignored my complaint again and confirmed with me they are classing my complaint as wanting to locate accounts that where closed.   Let me know what you think about the  HSBC UK teams response to my last complaint. Is there any other letters i can send them to confirm thay are not correct about what they have done.    The HSBC UK letter starts of by:You've been unable to recover funds you held in HSBC UK Accounts that were closed in 1994 to 1995, and to obtain the account details for the accounts concerned. You've been advised that we only retain records for up to 6 years, but you've been unable to locate any provision for this within the Data Protection Act (DPA). You require a Certificate of Destruction from HSBC UK to evidence the destruction of the data concerned. You feel your Subject Access Request (SAR) has been ignored by HSBC UK.   HSBC UK Teams now go on to explain: In respect of you being advised we only retain records for up to 6 years, but having been unable to locate any  provision for this within the Data Protection Act (DPA), I can confirm that under the DPA, we are obliged to only keep records for as long as we deem necessary, in order to effectively manage our data. So, for most cases, this will be for no more than 6 years.   In regards to your request for a Certificate of Destruction from HSBC UK to evidence the destruction of the data concerned, I regret that this isn't something that we can provide, as we don't keep records of when individual customer data was destroyed. I'd also like to clarify that if the accounts concerned were closed after becoming dormant, that we would have sent you closing statements at the time.   Lastly, I'm sorry you feel we've ignored your SAR. I want to assure you that we'll always look to accommodate a request for a SAR as best as we can. However, if we're unable to locate the account details and information required, this will mean we're unable to fulfil the request, which has unfortunately been the case on this occasion.   How else do you think i can highlight to HSBC that the teams dealing with My complaint, and request to be reunited with my money is not going to departments that can deal with my demand for services.?  
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    • Thankyou it’s because I’m awaiting the outcome and a friend said I will be turned down as I asked them a while back if I had ppi on the account and how much it was and they replied.  But they did only send me a short confirmation with the amount and that they trust that answers my enquiry. i just wanted to be prepared if they wouldn’t turn me down based on that. Thanks for your advice on that mate 
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Kdtoll

Noticed 2 defaults, need advice please.

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Hi,

 

I am new on here and would really appreciate some help/advice if possible. I have recently checked my credit file and noticed I have 2 defaults on there. I knew I had these debts years ago but thought it has been longer than 6 years. I am sure it is to be honest.

 

I have a £407.00 debt with Lowell financial limited and another £209.00 with Marlin financial services, the first debt was with T-Mobile over 6 years back I am almost positive but on my credit file it shows Lowell have defaulted me from 2008 which is atleast 2 years after missing payments with T-Mobile.

 

My 2nd debt is similar in that it was with Clydesdale bank also over 6 years ago but have a default from Marlin in 2010, so why are these defaults appearing from these debt collectors years later than they should?

 

I am not sure exactly how this all works but it seems I should have been defaulted shortly after missing a few payments with the original companies and not years later by these debt collectors. Please correct me if I am wrong in any way.

 

These are small debts in essence and are now causing me problems as wanting to get a mortgage soon, all my finances have been back on track for some time and feel its a harsh punishment for so little amounts. But does this sound legit?

 

What can I do if anything? Just so annoyed as these defaults have only been placed 2 years ago for one of them and 4 years ago for the other when surely should have been defaulted alot longer ago, no?

 

Any help or advice would be greatly appreciated.

 

Thanks.

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Hi Welcome to CAG.

 

Lets break this down one debt at a time Lowell first.

 

When was the T mobile debt defaulted by TMob?

Lowell should update the credit files when the aquire a debt BUT the original default date MUST be kept.

 

The Debt with Marlin /Clydesdale.

 

When was it originally defaulted?

 

Here are some facts to work on,

1. The date an account was opened is not really meaninfull when looking at defaults.

 

2. Defaults are usually placed within 6 months of the cause of action. ie the date when a payment was due and not made, after which no further payment was ever made.

 

3. Defaults are after 6 years from CRA files paid or not.

 

4. Statute Barred == 6 clear years with no payment or written acknowledgment of the debt.

 

So you need to know when/if Orange defaulted your account, the same applies to the Clydesdale account.

 

I think youneed to make A Subject Access request to Orange and Clydesdale to get all the data on the accounts, there is a statutory fee of £10 for this the creditor has 40 days to comply.Use the template from the CAG library and address the request to the Data Controller at the creditors head office addresses.


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Thank you for your helpful response. I am not sure at all the dates when T-Mobile or Clydesdale defaulted me roughly about 6-7 years ago I would reckon for them both but this is just guess work.

 

I will take your advice and send a subject access request that you mention, so I send one to t-mobile and one to Clydesdale bank with £10.00 enclosed in each is this correct?

Also is it ok to enclose £10 in cash as don't have a cheque book?

 

I am certain these debt collection agencies have not kept the original default dates and will be chasing this info up as per your advice.

Thanks and look forward to your reply.

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Hi it would be best to use a postal order obtainable fromany post office for a small fee, safe and secure and can be tracked.

DCAs buy debt6 with the absoluteminimum of information, Default Notices are not routinely stored as hard copy,just note i the records that a DN was set on a certain date.


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Hi it would be best to use a postal order obtainable fromany post office for a small fee, safe and secure and can be tracked.

DCAs buy debt6 with the absoluteminimum of information, Default Notices are not routinely stored as hard copy,just note i the records that a DN was set on a certain date.

 

Ok thanks I will send via postal order. Sorry 1 more thing, do I ask them to include the date when they issued the default or will that already be part of the information they send to me after I send the letter off?

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YES ask for the original default date specifically and the actual default balance.

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

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YES ask for the original default date specifically and the actual default balance.

 

Ok will do, thanks alot for your help.

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Please also check the date that they receive the request, the 40 days starts from then.


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Will do, thanks.

Good luck please keep us posted!!


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Its a well known trick of the DCA's that they register their own default dates, normally when they acquire the debt.

 

Only the original date of default from the original creditor is valid.

 

Quite how they get away with this repeatedly is a disgrace. It will usually be attributed to an "administrative error" but you will have to prove it by SAR the original creditor.

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Occurences such as this are not an every day occurence, and is easily spotted and sorted out, the most common error is that when a DCA updates the entry for a date they have aquired they enter a whole new entry instead making it appear that 2 seperate defaults have been filed in 99.9% of cases the original default date is shown on both.

However there is some chang afoot it seems that the original entry will be marked as settled Balance £0 and a new entry with the balance £xxxx registered under the debt purchasers name, this is supposedly to reflect the true conduct of the defaulted account.


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Was going to send letters on friday when I have a day off but sent an email to both ceo's at marlin and lowell to see if any luck. Lowell have emailed back saying I offered a good explanation and they will as a gesture of goodwill close my account on their system and have the default removed and that they would expect the default to be removed within 5 working days and I should check my credit file then for evidence of the removal.

 

Sounds good to me. I have not heard back from marlin yet and this is the main one as it does not leave my file until 2016 and is for only £209.00 originating from clydesdale bank. When I think about it this debt as av said is the wrong default date in which you advised me to send a sar which I will still do if not heard back very soon but I had a standard current account with clydesdale bank with no overdraft but remember clearly that one day an overdraft of £100 was suddenly there, me being quite poor then as at college said nothing an began using it but paying back in regularly but when I left college got a job but made unemployed I had no money just jobseekers allowance at this time and occurred a bank charge that they would not refund therefore it came to this unfortunate scenario.

 

Does that change anything that a mystery overdraft appeared without my say so and that bank charges have caused this? Or should I still just send a sar?

 

Thanks for anymore help/info.

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Definitely send the SAR. Tell them that you require everything that they hold about you

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If this ''mystery'' overdraft is pure charges then it should not result in a default and should not be reported on CRA files. the ICO Technical Guidance states that

''if a default sum is made up of charges without which the account would not have defaulted then no default should be placed''.


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