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    • I have added their poc in your above post for clarity.   you need to address para 3.    bump point 3 forward down 1 number and add in:   3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .    if mcol is still flaky ….   MCOL is only one way of responding to a claim.  . If you are having problems logging in, or would prefer not to use MCOL,  you can fax, email or post your response to the Court instead.  If you send your response by e mail  please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim defence response” and quote the claim number in the subject field.  . neither by email nor MCOL do you need to inc I confirm that the above facts and statements are true to the best of my knowledge and recollection.
    • you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence. you've been here +6yrs and have numerous court threads and numerous private parking ticket threads  but somehow always seem to screw up one way or anther..   if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .   POC   1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.   2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract).    3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.   4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.   5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).   defence:   1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.   2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.   3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.   4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park.    needs firming up people...   you can file by email if MCOL is playing up still though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,      
    • OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.   Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!   Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.        
    • I’ll get a picture of the signs tomorrow and see where I get ringing the council about the planning. Also how long do I have to get the defence in? I know you said I will have leeway but I can’t have that much.    Thanks  Andrew 
    • now read the letter properly and carefully.... doesn't say WILL anything...   unless you are purposefully buying these in bulk and knowingly doing it their client will not be the least bit interested in you.
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craigten

Taking HSBC to Court to obtain my data!??

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2 hours ago, BankFodder said:

 

Is this the address you wrote to with your last data request?

FAO DPO, P.O. Box 6201, Coventry CV3 9HW

 

 

Just checked and seen I sent it to;

HSBC Bank Plc
8 Canada Square,
London,
E14 5HQ

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Right, another request to Canada Square but sent a separate one to Coventry.

Compare the results. If Canada Square are telling porkies then that will give you extra leverage.

I suggest that you post up the letter which you are proposing to send here before you send it


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Also please can you post up the refusal letter you had from them - in scanned pdf format


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Excellent! Should I do this now, in response to them not providing all the data to my DSAR, or wait until they fail to provide it to my next DSAR?

On ‎14‎/‎04‎/‎2019 at 08:53, BankFodder said:

Right, another request to Canada Square but sent a separate one to Coventry.

Compare the results. If Canada Square are telling porkies then that will give you extra leverage.

I suggest that you post up the letter which you are proposing to send here before you send it

 

Brilliant, and I will!! Give me a few hours!!

 

On ‎14‎/‎04‎/‎2019 at 08:38, BankFodder said:

And now from the horses mouth: –

 

 

 

https://www.hsbc.com/privacy-notice

Forgive me for stating the seemingly obvious but doesn't this directly contradict all the letters I've received where they quote their favourite 'We only keep it for six years' claim?

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5 minutes ago, craigten said:

Excellent! Should I do this now, in response to them not providing all the data to my DSAR, or wait until they fail to provide it to my next DSAR?

 

Wait

 

1 minute ago, craigten said:

Forgive me for stating the seemingly obvious but doesn't this directly contradict all the letters I've received where they quote their favourite 'We only keep it for six years' claim?

 

Yes - I think that you must be the only person who is surprised


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I just find it difficult to believe* how a huge organisation such as this would make such a glaring error that could / would / will bit them in the behind. 

 

*But obviously I'm chuffed about it!!

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Why do you think that it is an error?


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Perhaps I'm being naive but if it were to go to court, this disproves their claim of only keeping the data for six years, no?

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It is certainly the kind of evidence you are looking for - but best of all, get the disclosure and then attack them on the lie.


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Is it worth getting the ICO on live chat (so evidenced) on this to get their opinion the the fact that HSBC are refusing to give beyond their 6 years 'limit' and yet their privacy notice says 'normally keep core banking data for seven years from the end of our relationship'?

 

Quick one - just out of curiosity, I needed to speak to HSBC tonight so I asked them what address I should use to write to regarding a DSAR and they gave the one in Coventry (Harry Weston Rd, Coventry, CV3 2TR)

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I cannot post the refusal letter until I’m back home in ten days.

 

in the meantime. I wonder if this is of any help to anyone if / when HSBC claim that they don’t keep records on microfilm;

The HSBC Debit Card Cardholder’s Agreement

https://www.hsbc.com.sg/1/PA_ES_Content_Mgmt//content/singapore/hsbcjade/displays/pdf/jade-debit-card-tnc.pdf

 

Specifically, page 9;

General
16.1
Our records (including computer and microfilm stored records) of all matters relating to you are conclusive evidence of such matters and is binding against you for all purposes, save for manifest error, but subject to our right to rectify any error or omission therein and our right to adduce other evidence. We may, in our discretion, destroy any documents relating to any Card Transaction after microfilming or otherwise recording the same in such manner as we may deem fit as well as to destroy such microfilm and records at any time.

 

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Hi  craigten

 

So where are you at with this now ?

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Hello there.

Just back from a two week holiday and planning on getting stuck in on the weekend.

You’ll see I’ve been advised to gather evidence (Bankfodder has been brill)....I’m not 100% sure on how to push on with this?

Also, shall I send a DSAR to Coventry and again to Canada Square?

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Yes if you have not already


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Evening all,

Due to some family issues and other things going on, I've finally got a bit of spare time to be able to attack this again.

Please can I just check with you that the below is sufficient to send to the Coventry address (the aim, I believe, is to get the 'real' data that includes details of the PPI I had back in the late 90s, as opposed to the data I received when I sent a DSAR to the Canada Square)?

 

Harry Weston Rd,

Coventry

CV3 2SH


25th May 2019 
Dear Sir/Madam


GENERAL DATA PROTECTION REGULATIONS - SUBJECT ACCESS REQUEST
 

 [removed - dx]

 

However, to confirm - this goes to the Coventry address and another to Canada Square?

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Update: DSAR sent on Monday to the Coventry addreess via recorded delivery.

 

Once I receive the data back, I'll post on here.

 

In the meantime, are there any other ways to get the data that is stored on microfiche from these scoundrels?

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Update on this;

a good while ago I made a complaint to HSBC that their consistent claim to me that they were following Data protection laws by destroying data after 6 years was, in effect, rubbish as (thanks to Bankfodder, I think?) I learned on here that there is no such law / guideline.

I also complained that they were giving me details of my loans from (way) over 6 years ago but weren’t providing me the data / records to go with them and I asked for the certificate of destruction (there might be more than that but until I get home, this is from memory).

 

Today I received a letter apologising, saying I was right about the 6 year thing, they’ve looked and can’t find any physical records (no mention of microfiche) and that they were unable to provide me with a certificate of destruction do being as they can’t account for my data, they’ve offered me £500!?!?

 

Odd?

 

Here it is, thought please?

HSBC 2.pdf

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Hi all,

A good while ago I made a complaint to HSBC that their consistent claim to me that they were following Data protection laws by destroying data after 6 years (The usual quote you must all have experienced of 'We hold paperwork for the last six years in accordance with The Data Protection Act') was, in effect, rubbish as (thanks to Bankfodder, I think?) I learned on here that there is no such law / guideline.

 

Part of my letter of complaint is as follows '

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.'

 

Yesterday, I received a letter apologising, saying I was right about the 6 year thing, they’ve looked and can’t find any physical records (no mention of microfiche) and that they were unable to provide me with a certificate of destruction and being as they can’t account for my data, they’ve offered me £500!?!?

 

Also, you will see from the second attachment that they then go on to say that they feel that being as I'm complaining about something that happened more than six years ago and that I'm complaining more than three years after I realised (or should have realised) that there was a problem, that the Ombudsman may agree with them that it's outside the time limits and that they (HSBC) wouldn't give them permission to consider my complaint.

I am struggling to understand why they are pushing me to accept the £500....!

 

I have attached the letter to this post...

 

I have two questions:

1. They phrase offering me the £500 for the reasons of 'To make up for the inconvenience caused and in recognition of your banking relationship'.....this doesn't really ring true so what is the £500 really for? Is it so that I don't report them to the ICO for claiming the six year 'rule', because, to me, this doesn't seem worthy of £500?

2. If they have offered £500 to me for the reason above, what is to stop all you people who have been given the six year rule rubbish line claiming (asking) for £500 too?

3. Do you people, who know better than me, think £500 is enough?

 

 

Hope this helps anyone!

 

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Please would you combine the pages into a single pdf file to make it easier to deal with.

Thanks


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To understand whether this is a good offer or not, it will be helpful if you explain to us why you are looking for the data.

Also, you have said that you have asked them several times – but when was the first time. When was the first time that they spun you the six-year story.

As a general comment, they are saying that the thing you are complaining about could be outside the FOS time limits – but the real complaint here as far as I can see is misleading you and in that respect they are in breach of GDPR and that has happened very recently.


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Thanks for this, this is great help.

 

In answer to your question, yes, I sent a SAR to their Canada Square address about two months ago, I will upload the relevant details what came back later.

 

However, last week I sent a fresh SAR to their Coventry address but I used this address:

HSBC

Harry Weston Rd,

Coventry

CV3 2SH

 

However, I have just seen that you have helped me in another thread with, apparently, the correct address of:

FAO DPO,

P.O. Box 6201,

Coventry

CV3 9HW

So I will send another DSAR to this address today!

 

 

Edited by craigten

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You haven't told us why you want the data


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Yep that's the problem I'm having, its going to mediation but the bank (Barclays) are just claiming they don't have the data. Trying to piece some evidence together. Good luck.

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Apologies, I am utterly convinced that I had PPI added by my local branch to my loans when I was a young man of about 20 (20 years ago. Yikes). It was phrased to me that it might help my application.

 

Re piecing together evidence, I'll do all I can. However, just looking over this thread again I see that BF pointed me towards this fantastic piece of evidence:

 

HSBC's Privacy Notice:

Here

 

How long we’ll keep your information
We keep information in line with our data retention policy. For example, if you’re a customer, we’ll normally keep core banking data for seven years from the end of our relationship. We retain information to comply with legal or regulatory requirements or for our legitimate purposes, such as responding to enquiries, and may sometimes need to keep it for a longer period; if we don’t need to retain it for as long, we may delete, destroy or anonymise it sooner. This enables us to comply with legal and regulatory requirements or use it where we need to for our legitimate purposes such as dealing with any enquiries.

We may need to retain your information for a longer period where we need the information to comply with regulatory or legal requirements or where we may need it for our legitimate purposes, e.g. to help us respond to queries or complaints, fighting fraud and financial crime, responding to requests from regulators, etc. If we don’t need to retain information for this period of time, we may destroy, delete or anonymise it more promptly.

 

 

Also, I found this:

 

The HSBC Debit Card Cardholder’s Agreement

https://www.hsbc.com.sg/1/PA_ES_Content_Mgmt//content/singapore/hsbcjade/displays/pdf/jade-debit-card-tnc.pdf

 

Specifically, page 9;

General
16.1
Our records (including computer and microfilm stored records) of all matters relating to you are conclusive evidence of such matters and is binding against you for all purposes, save for manifest error, but subject to our right to rectify any error or omission therein and our right to adduce other evidence. We may, in our discretion, destroy any documents relating to any Card Transaction after microfilming or otherwise recording the same in such manner as we may deem fit as well as to destroy such microfilm and records at any time.

 

On ‎01‎/‎06‎/‎2019 at 15:07, BankFodder said:

but the real complaint here as far as I can see is misleading you and in that respect they are in breach of GDPR and that has happened very recently.

 

Gosh I am struggling to pick this up clearly (I am sorry) - by breaching GDPR, you mean by not being able to prove that they have destroyed the data, as claimed?

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