HSBC Help

[cathbluenose]

Hi,

 

I'd be grateful if anyone could help me. I went into my bank (HSBC) and a lady in there confirmed that I had PPI on both an old 'flexi' loan and also an old HSBC credit card. I sent off the SAR's and can't see anywhere that I do or I don't. On another worrying note, the bank said as they have

 

'assumed my request for information is likely to obtaining details of PPU held with HSBC, I can confirm that I have found no record of any PPI being attached to any loan with HSBC'

 

I beleive that they are (surprise surprise) lying!

 

So, shall I just send off the questionnairre complaint anyway? Why should I say it was misold?

 

Would really appreciate any help/advice,

 

cheers

[ims21]

Sadly a lot of lenders are making assumptions as to what a SAR is for and they may well try and confound you by telling you you did not have PPI when in fact you did. This ploy would tend to put people off and tus get the bank out of paying up.

 

When you sent your SAR, did you add a line that said it is to include copies of the agreements?

 

Do you have copies of the agreements at all?

[cathbluenose]

Hi- many thanks for replying- I didn't think anyone had so apologies for the late reply.

 

The letter I sent was:

 

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts and credit cards accounts. I would be grateful if you would provide the following regarding payment protection insurance held for the following two accounts only:

1. Settled flexi loan account xxxxx

2. Credit Card account xxxxxx

-Full copies of all contracts which you believe exist or have existed between myself and your organisation from these two accounts , including true copies of any documents you hold in support of the same. This includes application forms/requests for services.

-A complete list of all transactions or statements relating to both of these accounts with your organisation.

-Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

-Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

-Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

-Underwriting sheet or other such document recording any commission (or other) payment made to an intermediary or packager, and/or payment/commission from the insurer in relation to my accounts.

Where you have used abbreviations and/or codes, I would request that an accompanying sheet be provided so as to translate these abbreviations and/or codes and their meanings, I also request an accompanying appendices of the documents included and reference to the purpose or meaning to those documents.

I request that you provide all the information requested above, even though you may consider that it falls outside Data Protection.

I reserve the right to refer to the contents of this letter if an application for pre-action discovery is necessary relating to any of the documents requested herein.

I enclose a cheque in the sum of £10 to cover your fee.

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

I look forward to hearing from you in the first instance of receipt.

 

 

 

They have not sent copis of any agreement held through PPI and advised to write to a seperate department quote'a seperate legal entity to HSBC bank plc and you will need to write to the correct data contoller enclosing the £10 fee'

 

I did do this some months ago and have now not heard anything from them.

 

I guess I'll have to send another letter to the 'insurance services' with another £10 cheque!

[ims21]

You do not need to write again for a SAR...if you have sent the SAR to the bank that holds your data, i.e. HSBC then that is good enough.

 

If their 40 days are up then you could either lodge a complaint with the ICO to get them to force the bank to comply or you can issue in the courts to force compliance.

 

I would write to the bank again telling them that they have failed to comply with your SAR, a request made under the Data Protection Act, and therefore they are in breach of that Act.

 

Tell them that they now have 14 days to comply, failing which you will be lodging a complaint with the ICO and issuing proceedings through the courts to force compliance.

 

Head the letter "Letter Before Action" and send it to their registered office by recorded delivery. Address it to the Data Controller.

[cathbluenose]

Thanks for the advice- they havenow sent all copies of records and the like but no PPI information- they are insistant upon me writing to a seperate data controller from their insurance section regarding PPI. Are they therefore still in breach of failing to comply with my SAR or shall I write something different? Losing the will here as it seems so ardous and it's like pulling teeth with them!

 

Many thanks for your advice!

[ims21]

So with the SAR did you get copies of the credit card statements and/or transaction history? If so the PPI payment will show on those.

 

What exactly did you get back in respect of the flexi loan account?

[cathbluenose]

Thanks. Right, I've got the PPI for CCard and transactions which prove that I had that. Past tense- it seems to have been applied for a period of 2 years then stopped? I have no documentation or recollection of why that is......................

Interestingly the so called agreement does not have either my signature or anything else on it- it's just a generic copy. No tick in the PPI box either? Bit stumped there.

 

Flexi loan is a lot more sketchy- I have some simple print out of a 'Customer Data Utility' from HSBC inhouse computer system- looks like something from the dark ages- very very basic information such as product number, date opened(1996) and 'unknown' under date closed. Last update date 2002. NO payment history nor agreements. I know this was closed years ago but without detailed information it makes things difficult to say the least!

[ims21]

Ok so the credit card you have all you need to out in a claim. It clearly shows on the statements and the copy of the "agreement" they sent to you shows that you didn't request the PPI. When you put in your claim they may suggest that you took it out over the phone or some other nonsense in which case they would have to prove that.

 

With the loan, it may well be that they don't have data on the account if it was closed more than six years ago because they are not required to keep data on closed accounts for longer than that.

 

You said that a person in the bank confirmed that PPI was on this flexi loan so it may be worth popping back to the branch and investigating it further. See if you can get a print out from them of what they see which confirms PPI was on the loan.

[cathbluenose]

Excellent- thank you for your help. I will go into the branch this week- wish me luck ha ha!