HSBC and FOS determination decisions

[mycustbanking121]

Thanks for the support BankFodder.

 

I turned to the ICO simply because they have a range of enforcement tools available to it, for the bank to disregard my SAR as they did,. and not provide information i applied for, is a failure to meet the deadline and exposes them to penalties. Ordering compliance would be nice right now, instead of getting practices of undue delay.

[mycustbanking121]

Thanks for the interest in my posts regarding my HSBC matter. If anything. i have one question for you guys.. and that is.

 

Why is the ICO there to take complaints about non compliance?. representatives of HSBC decided to make sure my SAR was not complied with. Hence i did not get the right to access my data i requested to access to within the deadline. And no request for extended time, was made..

 

The ICO claim that there is nothing they can do about the non compliance of HSBC if HSBC claim there is no Data to give me access to.

 

From experience of working with UK banks. In the event a Group working for a bank and it's departments, fail to comply with a SAR and it's deadline. The bank tends to refuse to release the exact Data requested in the SAR to the groups working for the bank and it's departments until the applicant gets help to highlight the non compliance, for the bank to hire trusted people to comply with the SAR request and deadlines.

 

Hence, in the event the department representatives of the bank outright perform a non-compliance by ignoring the deadlines of a SAR. the department of the bank will be limited to Data they can supply you and depending on what Data you requested access to there is a high chance the bank will not release the Data you want until you and the bank organised for compliance.

 

I have tried to highlight this with the ICO and i now wait for there reply

[mycustbanking121]

i got the reply from the ICO case officer..

The officer does not seem to be interested in how the bank did not comply to the SAR i Filed.

In the end.. HSBC departments did not let me get access to the data i applied for within the deadline to comply with the 1 month, and i am now left at undue delay.

 

the case office claimed the following

 

"As explained previously, we are unable to take this case further.

If you remain dissatisfied with how HSBC have handled your request, you will need to pursue this independently through the courts.

This is not a process that the ICO can assist you with.

We therefore recommend that you seek independent legal advice if you wish to pursue this course of action.

 

I appreciate that this is not the response you were hoping for.

This case is now closed but if you remain dissatisfied with the outcome or handling of the case, you can ask for your case to be reviewed by a manager.

There is information on our website about this."

Edited December 19, 2018 by dx100uk
spacing

[Old Cogger]

unfortunately the ICO is now a Quango organization - take complaints and non action= HSBC was warned and promised a few years ago to ICO that they now have better systems in place regarding SAR request etc, since when HSBC has done nothing = ICO a waste of space as all the Regulators are. = job for the Tory Guys if you kneel before us.

[mycustbanking121]

Hi Everyone.

 

i originally wrote to HSBC To get records of a account i held with them 23 years ago, the account was not closed, yet dormant.

The bank claimed they only hold records for seven years.

i filed a SAR.

 

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

 

I turned to the ICO who told me they do not have the tools to listen to a phone recording of me and a HSBC Agent confirming that the SAR department will not provide me what i requested as the Data i asked for is or will be held in a different profile to the one they where going to provide me information from.

 

The ICO officer originally claimed there was no non-compliance, i escalated the matter to the Information Commissioner's office.

 

The Information Commissioner's office got back to me today to let me know that.:

 

"Initially I should clarify the role of the ICO. We are an independent regulator, and we cannot work on behalf of individuals to resolve matters to their satisfaction. Our purpose is to improve information rights practices within organisations

 

Hence the ICO or the Commissioner's Office, will not help me get HSBC to comply with the SAR to provide me access to all Data Requested.

 

Since the ICO or The Commissioner's Office did not review the phone recording of me and the HSBC Agent that determined where the DATA would be accessible for me from HSBC, and Why the SAR department would not provide me access to all DATA requested, both the ICO and The Commissioner's Office claimed:

 

"Whilst I appreciate you may disagree with this, there is no evidence to suggest that HSBC has not provided all of the information, as such we are not considering taking any further action as a result of this concern."

 

Not is all bad, though as Despite what was said and done. The Commissioner's Office has provided me with the What they will do next.

 

"We will now write to HSBC, informing them of our decision that they did not comply with the requirements of data protection legislation as their response to your SAR was outside of the one month time frame.

 

Thank you for giving me the opportunity to review your case."

 

Please let me know guys if you know of ways to make sure HSBC Comply to any of my SAR's and provide all DATA requested and or how i should go from here to address with HSBC how the DATA i requested was not provided to me. HSBC did not provide any phone recordings of any conversation i had with their representatives within outside a year ago.

 

As HSBC representatives i am in contact with claim they will not discus the matter further:???:

Edited December 19, 2018 by dx100uk
spacing

[dx100uk]

3 threads merged for complete history of your story

please keeps to one thread

 

dx

[mycustbanking121]

Hi Everyone,  I may later, but for now, do not upload documents from HSBC as they may be sensitive or private. 

 

here we go:

 

I wanted to get access to accounts i held with HSBC UK over 20 years ago. I was informed a SAR would get me this information. Once i Sent my application. 

 

HSBC UK did not reply within the deadline, Hence SAR non compliance. I turned to the ICO who claimed, for HSBC to not comply to a deadline was not a Non compliance situation. Hence they took no action to enforce my SAR.

 

I continued to contact HSBC about Inactive accounts and my SAR. Representatives and or the department i was referred to, claimed they only hold records of accounts for six years from the date of the last transaction, there for HSBC does not have my account records such as account number and it's final balance

 

During this whole situation, Non of the staff or departments i was in contact with, had any skills or professional advice and knowledge of HSBC UK Inactive account process and the website:\https://www.hsbc.co.uk/help/banking-made-easy/inactive-accounts/

 

When i highlighted this to representatives over the phone, they lost their temper and shouted that they the bank do not hold records for longer then six years and the bank does not have my money.

 

According to the website linked:

• The Unclaimed Assets Scheme
  • We participate in the Unclaimed Assets Scheme, established under the Dormant Bank and Building Societies Act 2008. If your account is in credit and has been dormant for at least 15 years, we may transfer the balance to Reclaim Fund Limited (RFL). RFL is a not-for-profit organisation authorized and regulated by the Financial Conduct Authority. However, if you have another account with us which is being used, we won't transfer your dormant account money to the central fund since your relationship with us is still active.

 

I continued to contact HSBC over the phone where i was able to meet a nice agent that informed me to contact the branch i held accounts with in the UK, so i did, i recently got back letters that where totally inconsistent to the Linked Website and my demands for services, as they continued to claim HSBC holds no records of transactions, business transactions and account records for longer then six years from the date of the last transaction.

 

I wanted to know if you guys can give me some advice and guidance. should i file an other SAR?

 

The first one i filed was in 2017 before the current updated laws for SAR compliance. Also, I wanted to locate records of dormant and frozen accounts i held with the bank over 25 years ago, these accounts where left in credit, i simply lost track of the accounts.

 

Which department should i contact for this?

 

Currently HSBC departments claim to me that the new Data retention policy of the bank means they do not hold records of the accounts beyond six years from the date of the last transaction.

 Does anyone else have more information i can use to get better services from the HSBC UK, such as how far back can i apply for access to information the banks hold about me like inactive account and dormant records, that the bank may hold for at least 15 years before they consider to transfer funds to the RFL. Since i remained a customer of HSBC UK, i do not think the RFL has my funds, despite this information i still applied to the RFL who had no records of funds HSBC UK May hold.

 

All i need to do now is find out how i can get my matter referred to the right department, as the current department who continues to deal with my matter, has no knowledge of Inactive accounts, as they continue to claim they only hold records of accounts from the last transaction date. Since the attached website clearly highlights HSBC UK holds accounts for at least 15 years when dormant and frozen, this department is not the right one i should be talking to!

 

If i make an application for a SAR, to recover records of accounts i held with the bank over 25 years ago, is it a SAR non compliance for the bank to ignore this and send my application to a department that only holds records of accounts for a period of six years from the last transaction?

 

Please let me know. 

 

Thanks for your time consumers

 

 

 

[dx100uk]

you might find this a worthy read..

sorry its so long mind..

 

 

[mycustbanking121]

thanks for the post dx100uk

 

I wanted to know what you thought about my matter, I read the forum in the above post, yet left me confused.

In my case. a department of HSBC states that: "Also, inline with the Data retention policy of the bank, we do not hold records of the accounts beyond six years from the date of last transaction in your account"

 

In other words, the representatives of a HSBC department is not stating they deleted the records, they simply state they do not hold the records after 6 years. that under certain circumstances the bank does stop recording day to day use of accounts within a 6 year period.   Please let me know if you got some more info.. 

 

Thanks

 

[dx100uk]

I believe there is a post there from scarlet with an address for a data centre they found?

[mycustbanking121]

@dx100uk   Thanks for the info, i am looking for the post by scarlet now.

 

Since i sent HSBC an email stating i reject their position regarding HSBC holding records of my account dormant and frozen , for six years period, they replied overnight to inform me they want me to wait up to 8 weeks while they investigate. 

 

I informed HSBC Customer services my SAR and other complaints where going to the wrong department as i seek to be reunited with money i saved with the bank over 20 years ago. I advised them that the department i am constantly referred to only holds records for six years  after the last transaction and there for claim they do not have the records i filed for in my SAR.

 

I then again highlighted the website:https://www.hsbc.co.uk/help/banking-made-easy/inactive-accounts/

 

where HSBC Informs us that they hold accounts that are dorment and frozen for at least 15 years before they transfer funds to a Scheme. But because i continued to have accounts with HSBC, they would not have done this. So the bank should still hold the records i filed for in my SAR.

 

[mycustbanking121]

@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.?

 

[dx100uk]

4 th time we've merged your threads

 for complete history of your story please keeps to one thread

[mycustbanking121]

On 26/05/2018 at 23:11, sgtbush said:

£1 million?????

Illegitimate funds or bull

You choose

 

If you have other accounts with HSBC during the minimum 15 year period, they will not provide the previous accounts to the Unclaimed monies Schemes or the BBA, at some point HSBC should contact us to return the accounts.

[mycustbanking121]

i contacted HSBC UK to get assistance with locating and returning monies from an account that was dormant, inactive and frozen 

 

Dormant Bank Accounts | Inactive And Lost Accounts - HSBC UK

WWW.HSBC.CO.UK

---

To keep you safe, we regularly review accounts and if you don’t use an account regularly we may class it as inactive or dormant. Find out more.

 

I told HSBC UK my accounts i held where last active in 1994, HSBC UK Staff then tell me, "they do not keep records of accounts/closed accounts for longer then 6 years, there for they will not be able to get the records i ask for now in 2022".

 

I then highlight to HSBC UK that 'If your account is in credit and has been dormant for 15 years or more, we may transfer the balance to Reclaim Fund Limited (RFL). ' Also 'However, if you have another account with us which is being used, we won't transfer your dormant account money to the central fund.'

 

At this point, HSBC UK staff told me that if they do not have access to account records any further back then 6 years, they will not be able to get the accounts returned to me that i asked for.. I continued to highlight HSBC can hold account records for at least 15 years. but they would not listen to me

 

By now i was asking HSBC UK staff to provide me contacts of HSBC departments that dealt with Inactive, dormant and frozen accounts. They ignore me refuse to provide me any information other then what i find online relating to anyone at HSBC UK Inactive, dormant and frozen accounts

 

If anyone knows more then me and can provide me with contacts i can use to better get assistance from HSBC UK to be reunited with my monies. Please let me know.

[dx100uk]

thread merge number 5 in 4yrs asking the same question...

 

dx

[mycustbanking121]

Well.

 

I decided to take my time to stay up to date with ongoing HSBC UK services and the changes over the last 25 years.

 

Personally i been with HSBC since it merged with Midland bank despite the fact current HSBC UK teams who i talked with online, only have access to account records maintained by the bank within the last 6 years.

 

In other words. According to HSBC UK teams, If HSBC UK does not maintain account records for longer then 6 year period, they are not going to be able to locate records of accounts dated back to midland bank.

 

despite this being a growing trend. HSBC UK still have the legal powers to provide us with up to date information on their web sites. Leaving us feeling lucky if we had accounts with HSBC UK that where made in someway, dormant, frozen and inactive accounts.

 

This means the HSBC UK will maintain these dormant frozen and inactive accounts for at least 15 years, and if you hold current accounts, you can bet HSBC UK will hold on to the records of inactive and dormant accounts for a longer period to make sure you maintain the right to have these monies reclaimed at any time you reclaim them

 

/etc.clientlibs/dpws/clientlibs-public/clientlib-site/resources/social/logo/Square-1200x1200px.jpg

Dormant Bank Accounts | Inactive And Lost Accounts - HSBC UK

WWW.HSBC.CO.UK

---

To keep you safe, we regularly review accounts and if you don’t use an account regularly we may class it as inactive or dormant. Find out more.

)

 

What does this mean to me..

 

Well according to HSBC UK specialist and standard teams. If they do not have access to account records backdated past 6 year period, they have no records to provide through courts and or SAR.

 

and to top it off, if you complain to the FOS and they do not uphold your complaint for lack of services. HSBC Teams will continue to remind you about this as if the FOS determination to not uphold a complaint is binding on you and the bank if you do not accept.

 

Despite the untruths of their misconception of how they want to run a bank where they are in a position and not going to be removed from their miss information they provide.

 

HSBC UK teams continue to thing a FOS decision is binding on you and them if you do not accept the fos outcome/ How wrong can you be.. if anything we are back at the beginning where you have a complaint against HSBC UK to put things right. and people working for HSBC UK who do not want HSBC UK to put things right. continue to prevent things from being put right.