HSBC and FOS determination decisions

[mycustbanking121]

I found the threat about Fendy-v-HSBC

https://www.consumeractiongroup.co.uk/forum/showthread.php?83821-Fendy-Can-I-Get-Statements-From-Old-Midland-Bank-Account-20-Years-Ago

 

I was interested because i was a customer with Midland bank, then rolled over to HSBC when HSBC took full control over Midland Bank.

 

I had a situation where, after rolling over to HSBC, i spent time away losing contact with the HSBC representatives who Dealt with my every needs (Year 1994-1995).

I returned to HSBC in 1997 to open a new account, staff then did not want to provide me details of older accounts (1994-1995 accounts).

i opened new accounts and lived my life avoiding the intimidation.

 

In 2016 I read an article the HSBC can trace or locate Midland bank accounts, and that there is an Inactive account process where HSBC may hand dormant accounts to the BBA.

 

i filed forms with HSBC and the BBA to see if they could locate the accounts.

I was not asked, but the accounts i held in 1994-1995, the accounts i wanted to recover where frozen due to attempts of Unauthorized access.

I only assumed they had gone in to dormant or inactive account process.

 

HSBC representatives tell me The bank only holds records for a period of seven years, Unless i can prove HSBC holds records for a longer period of time.

I referred to the Inactive accounts.

 

Now HSBC Inactive accounts state that

"If your account is in credit and has been dormant for at least 15 years, we may transfer balances of dormant accounts to Reclaim Fund Limited (RFL)"

 

HSBC also claim that Yes Midland Bank became part of the HSBC Group in 1992; therefore we can help you trace any dormant Midland Bank accounts and reunite you with your money.

 

how do i get in touch with the right people working for HSBC, to get reunited with my Money as, so far, They claim they can not find any records as HSBC only holds records for 7 years.

 

Let me know if you guys know of laws or other i can highlight to get better assistance from HSBC who do not reply to me after i highlighted HSBC holds dormant accounts for at least 15 years..

 

I was trying to get back over A £ 1 million pounds, But i do not know how to get HSBC to find the account that was frozen during the 1990's due to unauthorized access attempts

Edited December 19, 2018 by dx100uk
spacing

[shamrocker]

You've left it over 20 years to try to get access to an account you had over £1million in???

 

Also, hasn't the 15 years you refer to long passed?

[mycustbanking121]

Hi shamrocker . I did not intentionally leave it over 20 years, I lost contact with HSBC in regards to these accounts.

As far as i was concerned, the money was secure with HSBC.

 

15 years has long passed, This does not mean HSBC closed my account, as i have other accounts with them.

And they did state, They may close and transfer my credit to the RFL from accounts that have been dorment for at least 15 years.

And if my english is spot on, the Bank States "May" with contingency 'a future event or circumstance which is possible but cannot be predicted with certainty.'.

 

Hence HSBC will of acted to protect my credit. and not necessarily handed my credit to the RFL.

 

Yes over £1 million is a lot of credit, and life can be tough enough for people to loss contact with a bank over this kind of money, when accounts are frozen due to Acts of Unauthorized access.. I prioritized family, friendships/ if i did not, i would not of lost contact with the bank..

Edited December 19, 2018 by dx100uk
spacing

[sgtbush]

£1 million?????

Illegitimate funds or bull

You choose

[mycustbanking121]

Sorry for the Miss-understanding sgtbush.

I was taking the advice of the forum when 1st time posting. to post an amount of money as this will help get the right answers, to explain my situation better.

Bullish sounds better.! I did mention over £1 million, Yes.

Edited May 26, 2018 by mycustbanking121

[Mr.P]

If you haven't already tried it, there is a web site you can use to track down lost or dormant accounts: https://www.mylostaccount.org.uk/

 

Should you be fortunate to know what the accounts numbers were, I'm sure the task would be much easier. It is worth checking to see if you have any old papers floating around in relation to these accounts. However, in light of the sums involved, expect the banks to be very thorough in checking your credentials, but do not pay any money to a third party to provide "assistance".

[mycustbanking121]

Thanks Mr.P.....

 

Credentials are not a problem for me, the bank being thorough is... To get them to be thorough is what i need

[mycustbanking121]

Hey Everyone.

 

I too, turned to a SAR for information the bank held of past accounts not closed but dormant.

it's been 22 days and HSBC have not contacted me,

I in fact contacted HSBC to find out

- they where looking in to my application,

we discussed possibilities of what to look out for to locate the information i requested.

 

So far HSBC representatives claim 30 days to comply rather then without undue delay.

 

Hence i got to wait an 43 days to get a reply from HSBC to find out if they actually tried to comply and located my requested information or if they are just trying to guess if i did or did not have accounts with them as i claim...

 

Any advice from you guys would be great:???::???:

[Bazooka Boo]

Sorry I don't understand?

 

 

When did you submit the SAR and how?

[mycustbanking121]

Thanks for the reply,

They signed for the SAR on the 28th last month.

I sent the SAR Via Express Post

[mycustbanking121]

the SAR was accepted on the 28th

 

They just don't seem like they want to or will communicate to me within 30 days "Undue delay" any response i am going to get from them will not be until 45 days. Hence i will not be able to communicate with HSBC to make sure there is Compliance within 30 days

[Bazooka Boo]

Once they have had the 30 days and you're still waiting for the information, then you can start your complaint, firstly with them, then if that isn't satisfactory, the ICO.

[andy023]

hsbc normally respond

[mycustbanking121]

You're right..

i have been a customer of HSBC since Midland bank offered me a position to be a client with HSBC when HSBC took over the Midland bank.

 

I simply do not want to hear from them

- that they do not know how to locate my account records.

as the accounts have not yet been closed.

[dx100uk]

threads merged

 

dx

[mycustbanking121]

Hi Everyone, I wanted to see if I can get some help with my situation.

 

I filed a SAR against HSBC, the reordered date of delivery and collected date of my Sar at my HSBC in Coventry/Lamington was the 27th June.

 

HSBC sent a letter to me on the 1st August claiming they did not get my SAR on their desk until the 25th June.

Again HSBC UK did not send me any files of any kind until a week later outside the 30 days.

HSBC did not send me any of the data I applied for in the SAR,

 

I filed a complaint form with the IOC, yet they are not replying to any of my emails or complaint form that I sent..

It has been almost 3 weeks since my complaint form was lodge with the ICO.

 

HSBC UK has Ceased communication with me, and continues to reply to me that they will hand my information to the appropriate department, who will contact me at a later date.

No one from HSBC UK has contacted me since 1 august.

 

I asked the ICO for help to get the data I filed to get in my SAR, to communicate better with HSBC.

 

Does anyone know of other ways I can make my non compliance complaint?

 

Does anyone know what is happening with the ICO?

 

All I know is the ICO website is down.

I have had no confirmation that they are dealing with my complaint to assist me

 

Let me know if you can help me out with this one guys

 

The only reply i got from HSBC in regards to filing a SAR

HSBCSAR.pdf

Edited August 22, 2018 by dx100uk
merge

[dx100uk]

threads merged again

please keep to one thread

 

dx

[mycustbanking121]

Hi everyone.

 

 

I wanted to see if there is any advice of how i can communicate with HSBC to point out the NON Compliance to my SAR through the HSBC protection Data office.

 

So i understood that HSBC has 1 month from the day after they get my SAR Application to comply, and the SAR is to be complied to without undue delay.

 

HSBC failed to comply to the deadline and failed to provide me access to all my data i requested.

 

I turned to the ICO, where the officer claimed to me, HSBC does not have to comply within the deadline if at some point in time, HSBC writes to me after the deadline they miss, to let me know how HSBC has failed to comply to the SAR.

 

I complained to HSBC about the non compliance, that they failed to give me access to data i applied for, within 1 month from the SAR. HSBC DATA office replied to me that as far as they are concerned they complied to the SAR and did not talk about the fact they did not communicate with me until nearly 1 more month after they failed to comply within 1 month compliance..

 

Let me know what you guys think. should i been going straight to a lawfirm or argue it through with HSBC and the ICO officer how the SAR was not complied to within the 1 month deadline, and that i was not given access to the data i applied for in the SAR..

[BankFodder]

I am astonished at the advice you have apparently received from the ICO. Did you receive this in writing? And if so please will you post it up here in PDF format.

 

The ICO advice is wrong.

 

If you received this advice on the telephone, then did you record call? If not then why not. Our advice everywhere on this forum is to read our customer services guide and to record your calls.

 

If you have not received the advice formally then I would suggest that you begin a formal complaint to the ICO so that you receive a formal written response. I would expect the response would be in the form of an email which would say something like "in our opinion it is unlikely that HSBC have complied with their GDPR obligations"

 

In terms of your problem with HSBC, please would you outline what has happened in bullet point fashion. I'm afraid the account that you have given us above is not very clear

[mycustbanking121]

@BankFodder. Right now i am waiting reply from the ICO.

i have the advice in writing and will post.

 

i did not provide the exact words of the officer, but the officer did not seemed to mind that HSBC did not comply within the deadline. and claimed that it was not a problem as HSBC data office department wrote to me after the deadline and my complaint to let me know they got my Application 3 to 4 weeks after it arrived with HSBC officers. Hence HSBC did not comply to the SAR.

 

And as far as HSBC was concerned, they had no excuse for not Giving me access to the Data i requested access to in the SAR.

For now i have the upload/replies from the ICO on hold as, i want to give them a chance to fully comprehend the facts of non compliance.

 

I was shocked to hear the officer ignore the SAR deadline and suggest seek further legal assistance

Edited December 19, 2018 by dx100uk
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[BankFodder]

I think you should upload the opinion immediately so that other people will be informed. It really is quite extraordinary but I think we need to see the actual wording and the actual document please.

[mycustbanking121]

As i have got this in email form. i can share the exact wording untill i upload the pdf i get from the ICO..

 

Your concern:

 

You are concerned about how your subject access request (SAR) was dealt with and what information you received from it. You made your SAR on 27 June 2018, it is unclear what information you requested. You received contact from HSBC on 1 August to say that their office was not made aware of your request until 25 July. HSBC sent your information on 8 August but you felt that information was missing. You contacted the bank to query the missing information and received a final response from them on 14 August. It is unclear from this correspondence what information is missing.

 

Our response:

 

We can write to HSBC regarding the delay in responding to your SAR. However, as HSBC have explained that this was an administrative error, and have apologised, then we would not be taking any further action following this.

In order for us to write to HSBC however we need some further information from you:

 

A copy of your original SAR, stating what information you requested.

A copy of your correspondence with HSBC about what information you believe to be missing.

[BankFodder]

Thank you for this. However, I have to say that what you have copied out here directly from the message which you received from the ICO: –

 

As i have got this in email form. i can share the exact wording untill i upload the pdf i get from the ICO..

 

 

Our response:

 

We can write to HSBC regarding the delay in responding to your SAR. However, as HSBC have explained that this was an administrative error, and have apologised, then we would not be taking any further action following this.

In order for us to write to HSBC however we need some further information from you:

 

A copy of your original SAR, stating what information you requested.

A copy of your correspondence with HSBC about what information you believe to be missing.

 

Is not at all what you gave us to believe in your opening post on this thread where you said: –

 

I turned to the ICO, where the officer claimed to me, HSBC does not have to comply within the deadline if at some point in time, HSBC writes to me after the deadline they miss, to let me know how HSBC has failed to comply to the SAR.

 

I complained to HSBC about the non compliance, that they failed to give me access to data i applied for, within 1 month from the SAR. HSBC DATA office replied to me that as far as they are concerned they complied to the SAR and did not talk about the fact they did not communicate with me until nearly 1 more month after they failed to comply within 1 month compliance..

 

I think that this helps to show why we prefer to see original documents on this forum rather than people's interpretation of those documents.

 

I suggest that you respond to the ICO with the information they require. You should also point out to them that you are not asking the ICO to take action that you are asking them to express a view as to whether HSBC are likely or not to have complied with their statutory duties in respect of data disclosure.

 

Tell the ICO that you note that the HSBC say that they had an administrative error but that you would like to know if there is some exemption contained in GDPR or the Data Protection Act which allows specifically for non-compliance to be justified by administrative errors.

Tell the ICO that you have looked through legislation and you are unable to find such an exemption.

[mycustbanking121]

Thanks for the reply Bankfodder, I did say it was not the exact words.. and yet still the fact still remains.. that compliance is within 1 month, without undue delay.. they still explain how "as HSBC have explained that this was an administrative error, and have apologised, then we would not be taking any further action following this"

 

Last time i checked that would mean to defeat the purpose of the administration of law, as HSBC did not comply within the deadline and did not provide access to the data requested

[BankFodder]

I agree with what you're saying in terms of their failure to comply. However I have to say that your first post claimed that the ICO was acquiescent in this – and in fact it turns out that they are not at all. Although they are a bit limp wristed their position is not flawed. Simply not very aggressive. As guardians of an important human right it would be nice to see the ICO with a bit of spine