Anticipating Action from HSBC

[delicarik123]

Indeed you can go after your credit cards and whats more, they are not part of the test case !!!

 

You will find a list of CC claims here :-

 

Other Institutions - The Consumer Forums

 

Lex

 

Does this then mean you can go for the charges back without it being "stayed"? still learning lol I am so out to get these guys now. I cannot believe that i have paid out thousands and thousands to companies and never challenged them...until now. I hope that I do get somewhere with them all. Trust me to find this site 2 or 3 years later than i should have lol.....that's my luck!

[Mr lex]

Thats right Deli,

 

Credit Card charges are not part of the test case.

 

It would be a good idea to start a thread in the forum for each card, that way you'll get the best help from people who have been there before you !!

 

Lex

[delicarik123]

Thanks again Mr Lex, will do!!

[delicarik123]

Hi all

 

I have sent a letter asking for the agreement for my credit card. Received a reply today, the usual, you have not signed it blah blah...

I am about to send off the no signature required letter, however the 12+2 days is up on Friday so I doubt that they will send me anything by then.

 

What is next please?

 

Any help appreciated.

[Readalot]

'account in dispute' letter would do.

 

You have issued a valid CCA request. They failed to respond in time. It is not your fault that they are playing silly buggers. If you want, you could combine 'no signature - not my problem' letter with 'account in dispute' letter into one.

[skippync]

Send a dispute letter but print your signature so then you have complied with their silly request. If they send documents and the signature is printed on them then you are in a position to get a graphologist for £250 to compare your signature to the one on the documents that they have provided and if they dont match you have a case under Section 2 Fraud Act under Criminal Law specifically fraud by misrepresentation. I can guarantee the bank will properly deal with you then

[delicarik123]

Great , thanks Skippy, thats very informative, will do that

[johnnymitch]

If you print your signature they will come back with the excuse that it does not match the one they hold ......

 

I would suggest giving them something as near to your signature as possible ... but just put in a tiny extra swirl or dot that you will be able to identify as unique .... that way you won't need a handwriting expert to spot it ...

 

They're not supposed to need a siggy but the time they spend arguing back and forth makes it counter-productive to the object of the exercise ... .....getting the information you need to proceed with your CCA business.

[delicarik123]

Hi, wondering if anyone knows what my next move should be please. I have received a letter from HSBC today as follows basically telling me that my request has been sent to the uk data protection compliance team. However, before search begins they need to establish my connection with them? And that my signature has not been provided!? and they need this to verify the identity of the person making the request. They have attached an application form for me to complete

 

they have also said, please not the fee is an administration fee and will not be refunded if no information is found! If no information is found, then surely I do not owe them any money !! However, I have a bank account with them and have had for many years, so it is worryin that they should say this, of course information will be found!

 

They have also told me that before i decide to progress i should read their letter as succh a request may not provide me with what i am looking for?!

 

They also go on to say that a full search may deliver more information that i need. They say that they operate numerous diverse systems that may provide current, historical and duplicate data and that this can result in numerous printouts being provided, often containing repetitive information. which may not answer my specific query.

 

They say I may find it more beneficial to ask for specific info. from my local bank. this may be quicker, and the fee will be waived with a local search.

 

They also say that details relating to a limited company do not fall within the data protection act 1998?? What do they mean?

 

They say that if addresses held on file differ to those i have supplied they will ask for me to collect info from a branch of my choice, and if the staff there do not know me then i need to take ID.

 

Enclosed in my letter is a Request to undertake a search under the data protection act 1998 for personal information on the individual named below form. Now this asks again for payment (that i sent with the original request!) it asks me for reasons for my request, it asks me for the account numbers and/or sort codes of the accounts which i refer to. and most of all it asks for my signature!

 

Can anyone tell me how to progress with this please?

 

Many thanks

[johnnymitch]

Hi declarik , welcome to the forum

 

If you sent a SAR with a £10 fee then this is their time-wasting exercise designed to put you off ....

 

They are required by law to supply all they hold on your within 40days of receiving your SAR ... send them a suitable letter from this link telling them so .....you could also point out that they've been happily corresponding with you for (?) years since your account was opened , so how are they now doubtful about your ID ?

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-

 

And just to stop them using it as a further excuse to put-off , fill in their silly form and send it back with the rest to:

 

 

UK Data Protection Compliance

HSBC Bank plc

Griffin House

4-01, 41 Silver Street Head

Sheffield

S1 3GG

__________________

 

 

by all means come back if you have any further problems or questions ....someone will answer, and we're user-friendly on here .

Edited October 29, 2009 by johnnymitch

[delicarik123]

Thankyou for the response Johnny. Yes indeed i sent the £10 fee. I did think that this was just a usual delay tactic, i just wasn't sure which letter to send next and I tried looking around and couldn't find one, so thanks for the link will get a suitable letter composed and sent to them.

 

Again thanks for the reply. And for the welcome

[delicarik123]

Oh and sorry to ask another question, by filling in their silly form they are asking me for a signature....should i leave that blank? as i was under the impression i did not have to sign.

 

Thanks x

[lee32uk]

I refused to sign their form when i made my sar a while back. I also insisted that they send it all to my home address (HSBC wanted me to collect at a branch)

 

You can use the anti tamper sig strip if you want to give them your signature. Just copy n paste to the bottom of your letter.

[delicarik123]

Thanks Lee, although i have decided not to sign their letter anyway, it is not a requirement so they are not getting it!

 

I have written back to them pointing this out and pointing out the original request and that they have been happy to send stuff of a personal nature to my home address before and asking why would they now feel it necessary to validate my identity!

 

So thats of today, I know they are trying to delay, but i have also point out that they have 35 days left to reply.

[WebMaster]

I did the same as you lee: told them I wasn't going to fill in the form, and that I wanted the data posting to me, not for collection from a branch. They didn't argue with either of these points

[delicarik123]

Sent a letter to MCS regarding the same thing, they came back saying sig was required, sent them a letter saying it wasn't. Got another letter today pointing out that they cannot provide the info as it is not signed., they implement this to protect my account details and identity fraud.

They tell me to refer to section 7(3) of the DAP "right of access to personal data" and allow them to quote from it

 

"A data controller is not obliged to comply with a request under this section uless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which the person seeks"

 

They then go on to "reasssure me" that this is not a deliberate attempt to withhold information and they are happy to furnish me with the documentation upon receipt of a signed request!

 

Any suggestions on my next move, already put the account in dispute.

 

Thanks

[Castlebest]

I would sign it incorporating the anti tamper strip Lee noted in his post above, its a pain in the bottom and just an excuse to delay things but once its signed they have nothing to hide behind.

 

pete

[delicarik123]

I think I will thankyou Castlebest. Although just recieved a letter saying they will comply although by sending it to local branch, should I be concerned about that?

[lee32uk]

I think I will thankyou Castlebest. Although just recieved a letter saying they will comply although by sending it to local branch, should I be concerned about that?

 

I had the same letter. I wrote back stating that I expected delivery to my home address. I didn't want the inconvenience and also didn't want to walk through the town with several kilos of HSBC rainforest under my arm

[delicarik123]

Ha! Never even thought of that Lee. Will compose another letter! lol they did concede into getting the info for me (although still insist on saying if there is any) lol so i will insist it comes to my house.

 

Thanks

[delicarik123]

oops posted twice !

[delicarik123]

I must admit, I have left this for a number of months, they didn't comply, sent the letter saying they would send to my local branch, when I did go to collect, nothing there! Then I got a letter again saying they wouldn't send due to no signature, so they contradicted themselves.

 

Thing is, I am still getting the usual suspects sending me letters, D&G and Central debt recovery. I did send D&G a letter to say that the account had been in dispute since whenever and I heard nothing. Then, I got chased by central, I haven't bothered contacting them. Should I still persist with this or leave it now, as I suspect that it may not be enforceable due to the lack of compliance on the agreement, or should I persist and see if there are charges i can claim back?

 

Any advice would be great.

 

Thanks

[citizenB]

But you sent them a signature didnt you, using the anti tampering strip ?

 

If you did, did you send it by recorded/special delivery post and have you confirmed with RM that the letter was received.

 

You should also be able to contact the post office on 01246 542091 and ask if the Postal Order has been cashed. You will need the receipt that you were given when you purchased the postal order because you will be asked for the PO id number. If it has then they certainly have no excuse not send the SAR.

 

If so, then you should

 

a) Send them a reminder letter giving them no longer than 14 days to provide the information.

 

b) If they dont comply then you must put in a complaint to the Information Commissioner's Office.

 

HTH

[delicarik123]

Sorry, no I didn't send it using the anti tamper strip, I didn't provide them a sig at all. What I did do was call their usual number to confirm my identity as they won't speak to you unless you pass their security and I made them make a note of why I was calling, purely to identify myself so that they could send me the info I required.

 

Maybe I should write and tell them this.

[citizenB]

If you telephoned them and went through their security questions to establish who you are then I see no reason why they should not send you the SAR.

 

My plan would be to send them something along the lines of the following.

 

Dear Sir or Madam

 

Account No:

 

Reminder - non production of Subject Access Request (Data Protection Act 1998)

 

Letter Before Action

 

On ........ I sent a request for all information you have in respect of my business relationship with the Bank. This request was made under the Data Protection Act 1998, enclosing the statutory fee of £10.00.

 

I now have confirmation that the statutory fee, which had been provided to you in the form of a Postal order (number .... ) was cashed via your banking system on ........ (Remove this if you havent been able to do this but I would make an attempt to establish that it has prior to sending this letter)

 

On........ you wrote claiming that for security purposes you required my signature. As you have previously sent sensitive data to my home without signature, I feel this was little more than obstructive.

 

However, on....... I telephoned your office and after answering security questions, you established I am who I say I am. Therefore there is no longer any reason for you not to provide the information requested.

 

I therefore look forward to receiving the information I have requested within 14 days from the date of this letter.

 

Should you fail to do so, I will consider my options, not least of which will be a claim for non compliance in the County Court.

 

Yours etc....

 

 

XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXX

 

The above grid should be coloured either a mid grey or light yellow and signed over ... very lightly .