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    • So I see that you are mixing and matching your sources of help. This is really not a good idea and too many cooks spoiling the broth springs to mind. We are putting in quite a lot of work here try to help you and if you then go ahead and take advice from elsewhere it can put us into difficulty because advice might clash or even conflict. Of course no problem at all, you using Which or anywhere else – but I think you ought to decide where you are going and stick with it
    • Yes I think you should simply go ahead and apply for a warrant and execute it. In terms of further damages for distress, I agree that it is a continuing breach but on the other hand you have had damages for distress up until X X date (I can't remember when) so you are now applying for damages for distress from that date. I think probably £200 is a reasonable figure. I certainly agree that the continuation of their breach tends to compound their responsibility but we aren't really trying to get money out of them, we are trying to prove a point. Up to you – but I would have thought that £200 would be reasonable. Don't forget that when we finally get the information we need and they eventually put their hands up to their error, you will be looking at something quite substantially more and there will be the further question of the inaccurate processing of your data which itself is a serious matter in addition to the damage which it has caused.  
    • Well paying nothing would obviously appeal!   Yeah one was definitely 1990' as it was previously the Egg card and other I think was also 90's but could have been 2000's
    • Who says you have to pay anything? When were the cards taken out..very pre 2000 even 1990's i bet!
    • I think now is the time to assemble a list of all the losses which have been incurred as a result of this. So were talking about the wasted money on the lease, the cost of repairs – and any ancillary expenses associated with alternative transport. Of course it would be a prudent thing to just double check the terms and conditions so that we don't end up with egg on our faces. But if everything pans out then the chances of success, if you decide to make a County Court claim, are extremely high
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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HSBC UK DSAR Non-Compliance (GDPR)


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HSBC UK have not complied with my Data Subject Access Request (SAR), submitted under the new General Data Protection Regulation (GDPR).

 

The DSAR was requested on 16/06/2018 and should have been disclosed by 17/07/2018.

 

16/06/2018 - Request sent to HSBC UK for DSAR under new GDPR

 

18/06/2018 - Acknowledgement email received from HSBC UK Customer Care Team

 

22/06/2018 - Acknowledgement letter received from HSBC UK Data Protection Office

 

17/07/2018 - Data not received, so contacted HSBC UK who stated that they were not aware of this request and have not even started to gather data for the disclosure

 

17/07/2018 - Internal complaint made to HSBC UK Customer Complaints Team

 

18/07/2018 - Complaint made to Data Protection Office and Letter Before Action sent to HSBC UK.

Telephoned Data Protection Office and confirmed that they have received both email and LBA.

 

When asked for timescales in relation to compliance for my DSAR,

a team manager has advised they don't know and cannot give any timescales.

I have made them aware I will be reporting the non-compliance to the ICO, but they didn't seem at all bothered.

 

18/07/2018 - Information Compliant Handling Form submitted to ICO

 

18/07/2018 - Complaint acknowledgement received from ICO

 

Next steps:

 

Now waiting for the Data Protection Office to make contact with me to progress DSAR and also waiting for HSBC UK complaints team to pick up the complaint.

 

No doubt this will be towards the end of the 8 FCA timescales!

 

Also,

waiting to see if HSBC UK will comply within the 5 working days afforded to them in my LBA.

 

I very much doubt they will,

due to the large amount of data they will need to gather,

redact and securely send on to me.

 

Will potentially need to look at submission of a POC for a County Court claim if not.

 

Submitting a GDPR POC is unchartered territory for me,

so if it comes to that point,

could really do with some help.

 

Hints/Tips:

 

Some may already be aware of this, but I was not.

None of the calls received at the HSBC UK Data Protection Office are recorded.

 

So when I asked for copies of all recordings to their department, they advised me of the above.

 

Also, HSBC UK Data Protection Office don't advertise or easily give up there email address.

So if you do need to email that team,

you can do so here

roi.poc.fulfilment@hsbc.com.

 

It definitely works,

as I have emailed them my LBA and complaint letter and they have received it the next day.

Edited by dx100uk
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So HSBC have now sent me the full data disclosure as a result of the LBA. I have still made a complaint to the ICO, asking them to make a statutory assessment as to whether or not HSBC has complied with it’s legal obligations under the General Data Protection Regulation. I am also awaiting the results of their internal complaint process.

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  • 2 weeks later...
  • 2 weeks later...

So, I had full SAR disclosure from HSBC. Unusually, they responded to my complaint within 3 days, instead of the usual 8 weeks (as per FCA guidelines). HSBC were very keen to resolve the issue at first point of contact. They offered £250 in compensation, which I have now accepted.

 

I have still submitted a complaint to the ICO, more to make them aware of the non-compliance by HSBC.

 

Admin/Mods this thread can now be closed.

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  • 2 weeks later...

I have a non_compliance issue With HSBC UK too.. I am currently waiting for reply from the ICO. HSBC have not contacted me further to let me know if they are or are not going to comply to the SAR i filed nearly 3 months ago now..

 

Has anyone got more information about getting LBA and starting county court action.. I am in Australia right now, and need to organise to get the action taken in the UK...

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I have a non_compliance issue With HSBC UK too.. I am currently waiting for reply from the ICO. HSBC have not contacted me further to let me know if they are or are not going to comply to the SAR i filed nearly 3 months ago now..

 

Has anyone got more information about getting LBA and starting county court action.. I am in Australia right now, and need to organise to get the action taken in the UK...

 

 

start your own thread or it may get missed as this thread closed

:mad2::-x:jaw::sad:
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