Jump to content


  • Tweets

  • Posts

    • Thanks DX.  I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before.  Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here.    Thank you.    B   Witness Oct19_redacted.pdf
    • You came here for advice, soem advice has been given adn you question the validity and source of that advice. We are all lay peopele, ie not giving professional advice but it is based on experience of the world and in some cases working in the field that advice is given on. Now you dont have to take our advice, we wont get the huff if you prefer to look elsewhere or do something else. when I asked what you think they would do with your NI number it is to prod you to think for yourself and question why they would ask for this when there is nothing legal they can do with the information so wouild you be wnating to give it to them knowing that they would want it to break the law if they processed it. Now you can take that up with the company at the top but TBH unless you want to spend money on a lawyer they will not answer the question or fob you off with some ridiculous answer anyway.   so for the moment read a lot about  RLP and similar situations to yours ans make particular note of what happened to the peopel in the end. You will find no threads theat ended by saying " thanks to you I gor sued by RLP and owe them a fortune". It isnt going to happen and the reasons why are explained in many threads. They rely on your feeling of guilt to get anywhere
    • you need to respond to their letter saying that you belive that you ahve been paid correctly ( or underpaid if you are due a small amount of accrued holiday pay etc) and demand that they show a full account of what you received, when and why and how they arrived at this figure. You then reconcile that with your P45 and use the figures to bat off any furhter demands if they still akke one. Come back if they dotn drop the matter and give us the full breakdown on hours worked, hourly rate, gross pay, tax paid  etc
    • @dx100ukI never got a response to my SAR from Octopus.   But I have just received a 'letter before court action' from one of their legal representatives, who have been "instructed to consider legal action against [me] if full payment, a settlement or your proposals to make suitable repayments arrangements are not received in the next 30 days."   I'm reading the threads now. Any advice on how to proceed? 
    • I would say let them do their worst, it will surely backfire on them. Now with restrictive contracts that stop you working fro competitors- these are notoriously vague so often not worth the paper they are written on. also they have to be fair so for example if there are only 2 companies in the UK that make a certain product your employer cant say you arent allowed to work for the other one. If you were for example trained as a hairdersser and you were going to open a salon in the next street to your ex employer then the restriction would apply if worded correctly. Dont panic about this, your new employer will be au fait with the situation and time spent worrying about a nastly letter will in their eyes take you eye off the ball so concentrate on the new job.
  • Our picks

craigten

Taking HSBC to Court to obtain my data!??

Recommended Posts

Hello.

Many of us suspect that banks hold information on us that go back beyond the 6 year statutory limit but when you send a SAR, that’s usually all they send you. I was wondering - has anyone complained to the ICO about this and have the ICO checked it?

Share this post


Link to post
Share on other sites

I have no idea where you come up with this idea of a six-year statutory limit.

 

There is no such limit. If you supply a subject access request then the institution that you are dealing with is required to supply all data which they hold on you – regardless of the age of it.

 

Of course some of the banks have been up to dirty tricks. In the past, Santander, Barclays, Lloyds have tried to withhold data that is older than six years. Some of them have said that they no longer hold it. In fact all of these institutions hold data going back at least two the year 2000 and in fact about 10 years ago I interviewed a woman who had previously worked for the archive centre of the Abbey National – subsequently Abbey – subsequently Santander and she told me that they kept all their data going back to 1933 at an archive centre in Leighton Buzzard.

 

I have no idea whether this still exists or has been destroyed. NatWest and RBS have an archive centre somewhere – but I can't remember where. Lloyds have an archive centre in Andover and if you search this form for Lloyds and Andover, you will find the address because I posted it up 2 or 3 times now.

 

Quite recently I spoke to some Lloyds staff at their PPI centre and one of them told me that she herself didn't realise that they kept data older than six years. She was under the impression that it was no longer available because it had been destroyed. These are the kind of dirty tricks that Lloyds plays on its customers and they manipulate their own staff in order to achieve their ends.


Share this post


Link to post
Share on other sites

Brilliant, thank you. The bank concerned is HSBC and the loan was, unfortunately, back in 1998. I have once, many years ago, sent a SAR and they said something like they only keep it for six years. So, if I do it again and get the same answer, what then, please? Also, do Experian, etc keep records going back that far?

Share this post


Link to post
Share on other sites

Do you have a copy of the letter in which they said that they only keep data for six years?


Share this post


Link to post
Share on other sites

Apologies for this, I cannot find them.

However, could someone point me towards the appropriate SAR to send HSBC for my data on this wonderful site. I am unable to find it, but then my navigation skills are not good....they're awful!!!

Share this post


Link to post
Share on other sites

just click sar in your post


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites
Do you have a copy of the letter in which they said that they only keep data for six years?

 

Although I am sending an SAR by post,

I rang HSBC up earlier and it took 30 minutes for the person to tell me that they can see that I have had 5 loans and one 'Flexiloan' account,

he could only see the dates of 5 May 2004 and 7 December 2015 and said that he will "pass on the request for more details,

including whether or not I had PPI to the 'Specialist Team' to double check"

and noted that HSBC had sent me a letter in 2013 declaring that they could see that I had loans

, due to the Data Protection Act,

they do not hold data for more than six years'.

 

I have asked for a copy of this letter to be sent again to me.

 

Thoughts?

Share this post


Link to post
Share on other sites

you are talking here about HFC or beneficial finance you

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites
you are talking here about hfc or beneficial finance you

 

dx

 

hsbc.

Share this post


Link to post
Share on other sites
Do you have a copy of the letter in which they said that they only keep data for six years?

 

Finally got this for you....and then some:

 

Don't hate me for this but before I get around to sending a SAR, I just thought, out of curiosity, I would try them direct.

 

This is what I received - they include the quotes 'ensure records are identified and securely retained for the appropriate period of time, and destroyed / deleted in a controlled manner on expiry of the retention period' and

 

'Please note that we only hold paperwork for the last 6 years in accordance with The Data Protection Act'.

 

Your thoughts, please?

 

Links to letters here:

https://drive.google.com/open?id=1-inVQ2twccx-eXP-aGMGSRWCr59mT1p1

 

https://drive.google.com/open?id=1qwIWqa_0MtIoGxQj06W857oZ8sBISGZo

Share this post


Link to post
Share on other sites

those the exact words used to IMS21 and myself from HFC back in the day. [which is why I mentioned them]

 

we actually found out that they had not destroyed the data outside of 6yrs at all.it was a lie!.

 

if remember correctly we both sent a request in for a signed certificate of destruction from the data controller guaranteeing that the data has been securely destroyed, they then suddenly found it all.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

That is just wonderful!!!

SAR it is then. However, I think I'll send that letter to the Data Controller....just got to find out who it is!!

 

However, now due to GDRP, won't Banks be jumping to attention and actually deleting all this data (for their own benefits)?

Share this post


Link to post
Share on other sites
those the exact words used to IMS21 and myself from HFC back in the day. [which is why I mentioned them]

 

we actually found out that they had not destroyed the data outside of 6yrs at all.it was a lie!.

 

if remember correctly we both sent a request in for a signed certificate of destruction from the data controller guaranteeing that the data has been securely destroyed, they then suddenly found it all.

 

Sorry for the delay here, is this what I should now do?

 

I have sent an SAR by Recorded Delivery last week but I'd like to address this letter, if I can.

 

Is there a specific template to ask for proof that they have destroyed / no longer have the data?

 

As soon as you let me know, I'll get on it!!

Share this post


Link to post
Share on other sites

Exhaust Sat 1st


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

autocorrect strikes again

exhaust the SAR process 1st


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Update here:

On 7th January I sent the following SAR to HSBC by 'signed for' post:

HSBC Bank Plc

8 Canada Square,

London,

E14 5HQ

 

 

7th January 2019

 

 

Dear Sir/Madam

 

 

GENERAL DATA PROTECTION REGULATIONS - SUBJECT ACCESS REQUEST

ACCOUNT /REF NUMBER xxx

 

[template removed - please read its top line! - dx]

 

Up to this point, all I have received are two letters both addressing a loan each but both stating that they no longer have records of them. This is not what I asked for.

The latest letter, received this week, is below:

 

(I tried to upload it as a PDF after I had converted it but I received a message saying that 'you do not have permission to upload that file or format'??)

jpg2pdf.pdf

Edited by dx100uk
merge/template removal

Share this post


Link to post
Share on other sites

There is no provision in the data protection act that says that data must be destroyed after six years. It simply requires that data is not held longer than is necessary.

 

Is the account you are referring to closed or not closed? Are you currently a customer of this bank?


Share this post


Link to post
Share on other sites

Thank you.

I am still a customer. I have more than one account with them. Of the six different 'loan accounts', I still have one, I think.

I'm quite cheesed off that they seem to be viewing the SAR as simply a token request for details of the loans. Am I being too sceptical here....or do they know exactly what they are doing here?

Share this post


Link to post
Share on other sites

You can try something like this:

 

Dear Sir,

 

Thank you for your letter of the XXX date.

 

You claim that you no longer have the data I require because you are required by the data protection act to destroy it after six years.

You should understand that I'm fully aware that the data protection act contains no such provision – but if you insist that it does then please let me know the particular section of the Data Protection Act which contains the obligation.

 

Accordingly I reject your position that you do not have the data and I believe that you are withholding the data from me because you feel that it would be disadvantageous to you to provide it to me. It maybe that the data is within some archive service and of which you are fully aware.

 

If it is your position that the data has been destroyed then please will you provide a certificate of destruction from your data controller.

 

I should warn you that I am sending your letter of the XXX date containing your misleading information about the Data Protection Act to the information Commissioner as part of the complaint.

If you do not provide me with a certificate of destruction signed by your data controller then I will add that to the information Commissioner's complaint as well.

 

I would also remind you that you have a duty to treat your customers fairly and in particular to communicate with them fairly. This is a statutory duty created by the Financial Conduct Authority.

 

By attempting to mislead me as to your Data Protection obligations, you are already in breach of your statutory duty. It would now be helpful if you would begin to treat your responsibilities according to law in order to avoid further complaints.

 

Yours faithfully

 

 

 

copy to the data controller

  • Like 1

Share this post


Link to post
Share on other sites

Wow!!! Thank you again. Quick one - 'letter of the tape'?

Share this post


Link to post
Share on other sites

corrected


Share this post


Link to post
Share on other sites

So do they know full well what they’re doing by ignoring the SAR, as such?

Share this post


Link to post
Share on other sites

I have no idea – and does it matter?


Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...