Advice Needed - Business & Bank Charges

[Dega]

Hello everyone

 

So around 2009 my fathers business was stretched and he was getting some hefty charges from the bank £40.00 for going over the agreed overdraft etc which I know is considered illegal.

 

He fought for a couple of years to try and save his business but a couple of events outside his control meant he eventually closed it down.

 

HSBC ended up selling the debt on which he eventually re-paid, and the same with his credit cards the debt was sold to others and he has managed over the last five years to pay everything.

 

Now in his 70's he doesn't have much left and I wondered if it were possible for him to claw something back from these institutions?

 

So am I right in saying despite his business closed down, he repaid all his creditors, so if there was anything untoward i.e. unfair bank charges, any loaded PPI on cards he can claim this back and keep the proceeds rather than surrendering them?

 

Any help and advice would be greatly appreciated at this time.

 

Thanks everyone.

[maroondevo52]

Hi,

 

It would be worth while getting details of all charges, PPI ect added to all accounts, sending a Subject Access Request to each Original Creditor would seem to be in order.

[Dega]

Hello

 

 

So I did a SAR on behalf of my father to the bank which held is personal account and business account and the letter back stated:

 

 

Please also note that we will only be searching for information held about you in your personal capacity as director of *****, as limited companies fall outside the scope of the Data Protection Act.

 

 

Then how do we go about requesting all information held on that account?

 

 

Please advise. Thanks

[maroondevo52]

Hi,

 

Quote from Site Team member Andyorch..........

 

It is extremely unlikely that the DPA will not apply in this case. Although the DPA concerns personal dataicon relating to individuals, this means in practice that it can apply to a sole trader in business, the partners in a partnership, your employees and the directors of a company acting in a personal capacity.

 

 

http://www.uk.experian.com/motor/samples/databk.pdf

 

Are there changes in the regulations relating to directors?

 

The 1998 Act encompasses any personal information that allows an individual to be identified. Under the 1984 Act, commercial customer records (large limited companies) containing company director information, were not considered ‘personal’, as the information was kept simply by virtue of their position. When the director left or moved, the record was updated.

 

Under the 1998 Act, simply noting the name of the Marketing Director makes it personal dataicon subject to the Act. Even if records refer to directors of the largest companies by name, any information held on those directors is covered by the Act

[Dega]

Hello

 

 

Thanks for you reply, sorry I am not sure I follow.

 

 

So the SAR should have provided us with statements for the old limited company business account, or if not how to I go about requesting these?

 

 

Please note the company was ceased trading around 4 years ago.

 

 

Thanks

[AndyOrch]

Did the DSAR not produce anything with connection to the business account at all ? Did you request to separate account numbers?

 

Andy

[Dega]

Hi

 

 

Thanks for reply.

 

 

The SAR request I did was on the individual

 

 

DATA PROTECTION ACT 1998

SUBJECT ACCESS REQUEST

Date: 27/03/2015

 

Dear Sir/Madam

 

Name: *****

D.O.B: *****

Address: *****

 

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 for ALL accounts or associated accounts I hold or have held with your organisation:

 

1. Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.
   
2. A complete list of all transactions or statements relating to ALL of my Loan Accounts with your organisation.
   
3. 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.
   
4. 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.
   
5. 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.
   
6. 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.
   
7. 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 account.
   
8. 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 postal order of £10 to cover your fee.

 

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIALTELY 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.

 

Your faithfully.

Then HSBC wrote back saying

"we will only be searching for information held about you in your personal capacity as director, as limited companies fall outside the scope of the DATA Protection Act 1998."

So I am assuming they will not produce the limited company statements from their reply, or am I wrong?

Is there another letter or SAR that would have been a better approach in respect of the limited company.

Thanks for assistance

Regards

[AndyOrch]

Was the business account held in his personal name or company name ?

[Dega]

The business account was held under the Limited Companies name so not personal

[AndyOrch]

Then I would assume that he had an accountant....do you still have access to the companies paperwork and accounts?

[Dega]

Hello

 

 

Thanks for assistance and apologies for delay in my reply, but yes he did have an accountant, however I am not too sure if some of his statements were shredded or burnt by him clearing room which is why we wanted a full set from the bank to go through.

 

 

So if we have burnt is it not possible to obtain these from the bank again?