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    • 4 th time we've merged your threads  for complete history of your story please keeps to one thread
    • @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.?  
    • Hi   I have to agree if you have paid off the debt owed to them via this meter and are up to date on your bills  I would look at changing supplier and as said asking new supplier to install a standard meter and look for the best deals for you.
    • I have severe anxiety and going to leave my job and have been invited to a meeting but dont wish to attend that is three hours away from where I am. Can I legally give the  permission to decide without my being there? I cannot handle going as I know I'm going to be fired anyway as on my final warning. I'm also giving in my notice this week too! This job is just too much for me now and I cannot work here any longer. It's no good for my health and sanity  I am sick to my stomach thinking about going and about to hand my notice in anyway    
    • 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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Bailiff Advice

Vehicles on HP can be sold by bailiffs if there is a beneficial interest. Debtor ordered to pay costs of £3,400

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I think there has been some movement on this, and to the benifit of the debtor. I would ignore uniformed comment and rhetoric though, and wait for the situation to be revealed on here.


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If it's to the benefit of the debtor, what are we waiting for? Who has the update?

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Hopefully those who stay in touch with these cases will update the thread.

 

We do find that any news related to enforcement company successes in court seem to be communicated to social media much quicker that any debtor success against enforcement companies. These enforcement companies do seem to want to create social media buzz, to create fear amongst the public, when usually the court cases are about very specific circumstances and the legal position has not been made totally clear.


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The cases that go against the debtor seem to get posted on here pretty sharpish, sometimes on the same day. I would've hoped the same benefit was given to cases that benefit the debtor.

 

Fortunately, I've done a little digging about.

 

The debtor lost his case in court on 16th August. He was also ordered to pay the local authorities legal costs of £3,400. He was refused permission to appeal.

 

Neither the debtor or his legal representative have made an application to appeal and accordingly, given the importance of this subject, the enforcement company have given me permission to provide an outline of the case in the hope that it may help other debtors to avoid making the same mistake.

 

This was incorrect.

 

 

Mr MH was allowed to appeal to the High Court, and from what I can gather the Judge ruled that a car on HP cannot be taken control of and sold.

 

 

The case was against Newlyn's (again) who seized a taxi that was subject to HP.

 

 

This has been a long, drawn-out case that has seen Mr MH lose his employment and being forced onto benefits.

 

As far as I am aware, costs have been awarded in favour of Mr MH, which may be into five figures.

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Has there been any update on this case?

 

As a brand new 'visitor' to the forum, perhaps you would be kind enough to let us all know the outcome.

 

Hopefully those who stay in touch with these cases will update the thread.

 

We do find that any news related to enforcement company successes in court seem to be communicated to social media much quicker that any debtor success against enforcement companies. These enforcement companies do seem to want to create social media buzz, to create fear amongst the public, when usually the court cases are about very specific circumstances and the legal position has not been made totally clear.

 

The regulations were completely overhauled exactly 3 years ago and any previous case law relating to distress went with it.

 

Even John Kruse has written of the need for court rulings to be made in order to clarify the law. Despite social media posts about frequent court successes for debtors, the reality, is that nothing has ever been published as evidence...and this has been the case for many years.

 

Fortunately, I've done a little digging about.

 

This was incorrect. Mr MH was allowed to appeal to the High Court, and from what I can gather the Judge ruled that a car on HP cannot be taken control of and sold. The case was against Newlyn's (again) who seized a taxi that was subject to HP. This has been a long, drawn-out case that has seen Mr MH lose his employment and being forced onto benefits.

 

As far as I am aware, costs have been awarded in favour of Mr MH, which may be into five figures.

 

There has been no 'digging' so stop being quite so childish. It is common knowledge that the case was in court yesterday and it is a remarkable 'coincidence' that you just so happen to join the forum today.

 

For the avoidance of doubt, Mr MH (the debtor) did not have 'clean hands' and for life of me, I cannot fathom out why he did not just pay his penalty charge notice as he should have done. I can only assume that he received 'advice' to the contrary.

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Fortunately, I've done a little digging about.

 

 

 

This was incorrect. Mr MH was allowed to appeal to the High Court, and from what I can gather the Judge ruled that a car on HP cannot be taken control of and sold. The case was against Newlyn's (again) who seized a taxi that was subject to HP. This has been a long, drawn-out case that has seen Mr MH lose his employment and being forced onto benefits.

 

As far as I am aware, costs have been awarded in favour of Mr MH, which may be into five figures.

 

This is the kind of ill informed speculation i was hoping to avoid.

 

I think all comments should be treated with a huge pinch of salt unless proof is provided. As usual the looney forums will claim this is a cure for the flu, and the EA will say it is of no consequence, until evidence is provided it is pointless speculation. Personally I suspect the truth lies somewhere in between.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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There has been no 'digging' so stop being quite so childish. It is common knowledge that the case was in court yesterday and it is a remarkable 'coincidence' that you just so happen to join the forum today.

 

For the avoidance of doubt, Mr MH (the debtor) did not have 'clean hands' and for life of me, I cannot fathom out why he did not just pay his penalty charge notice as he should have done. I can only assume that he received 'advice' to the contrary.

 

What's the aggressive tone all about? Are you not pleased with this outcome?

 

It is common knowledge that the case was in court yesterday and it is a remarkable 'coincidence' that you just so happen to join the forum today.

.

 

So why didn't you update the forum with the ruling?

 

This is the kind of ill informed speculation i was hoping to avoid.

 

I think all comments should be treated with a huge pinch of salt unless proof is provided. As usual the looney forums will claim this is a cure for the flu, and the EA will say it is of no consequence, until evidence is provided it is pointless speculation. Personally I suspect the truth lies somewhere in between.

 

Bailiff Advice has already confirmed it was 'common knowledge'. You need to ask her why she declined to update the forum with this favourable ruling. I can't fathom why.

 

and the EA will say it is of no consequence

 

As this was a High Court ruling, it is of great consequence.

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As this was a High Court ruling, it is of great consequence.

 

It depends on what the judge said surely, if it was a decision which could be precedent setting and not just one which turned on its own evidence and so on.

 

As said it is pointless speculation unless some proof of what went on is provided. This will be provided in due course i am sure. So why not wait and see.

 

Sorry. just to add, of course you could always provide a transcript if you have one.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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It depends on what the judge said surely, if it was a decision which could be precedent setting and not just one which turned on its own evidence and so on.

 

County Courts will now be bound by this decision.

 

Sorry. just to add, of course you could always provide a transcript if you have one.

 

Well you see, I've approached the person who gave me a copy but they stated to me that they would prefer that I do not share the judgment on here. That is their choice and I have no intention of ignoring them.

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I wonder whether the usual source for these court cases that often favour EC's, will be so quick to provide emailed confirmation that he had lost a case and confirm what the precedent is exactly.

 

Looking back at the thread, i was always highly dubious of EC's taking finance company owned vehicles in pursuit of beneficial interest that might be owed to the debtor on sale of a vehicle. No EC's without a courts authorisation can force a finance company to sell a vehicle to release possible beneficial interest.


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Indeed. When this case went against Mr MH in the County Court, Newlyn's (or their solicitor) ensured this was posted on here without delay. Now it has been reversed, leaving them with a big bill, there seems to be reluctance to update us all.

 

In fact the person who posted the earlier ruling stated that they had been given permission to provide the details. I can only assume permission was not given this time. Not that permission is needed anyway.

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Well you see, I've approached the person who gave me a copy but they stated to me that they would prefer that I do not share the judgment on here. That is their choice and I have no intention of ignoring them.

 

If the court case was yesterday, I really can't see how a transcript of the case would be available today

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Perhaps forget about the jokes and show some evidence and details.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Oh I'm sure Peter Felton has updated Bailiff Advice already, so I'm sure her word will suffice.

 

 

As Colin11 said, this ruling was only yesterday so paper evidence won't yet be available. Oh, and you've already acknowledged it on your blog.

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Well you see, I've approached the person who gave me a copy but they stated to me that they would prefer that I do not share the judgment on here. That is their choice and I have no intention of ignoring them.

 

So for the first time, a debtor has actually won a case in court and for some very odd reason, there is a reluctance to share the judgment (which was being handed down yesterday).

 

There could be two reasons....the judgment may be very critical of the conduct of the debtor (with justification)......or there may be an application for appeal. There may even be a combination of both.

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Not sure how any of that means an update couldn't be provided. A petulant declaration of "we'll appeal this" in the heat of the moment could quickly fade away.

 

It seems that you're implying you have been informed by Newlyn's or Mr Felton. If so, please do share. There would be no sub-judice as no appeal has yet been listed.

 

Well you see, I've approached the person who gave me a copy but they stated to me that they would prefer that I do not share the judgment on here. That is their choice and I have no intention of ignoring them.

 

It seems the joke was lost on you, so lest we forget - [link removed-dx]

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I hope to soon be able to report two other judgments. One regarding a debtor who was ordered to pay £4,000 after a failed EAC2 complaint against an enforcement agent.

 

The second one has far reaching implications for all debtors who pay creditors direct (in order to avoid paying bailiff fees).

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Why delay them?

 

Ooh should've added... are these County Court or High Court judgements?

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This is really pointless.

 

We are arguing about something no one has yet seen.

 

We had all this with Murgatroyd and what did that turn out to be.

 

So lets see what it is we are talking about eh.


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BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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thread will now be closing until/unless confirmed evidence of this is provided to our admin email address.

 

 

dx

siteteam


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style="text-align:center;"> Please note that this topic has not had any new posts for the last 947 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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