Jump to content


craigten

Taking HSBC to Court to obtain my data!??

Recommended Posts

Although I still badly want the help on the above question, I feel it might be of interest to this thread and anyone reading it of the latest communications with HSBC that I have had regarding them not supplying all my data, which is in contradiction to their privacy policy (details of that below) 

 

I have been in email contact with someone from HSBC who has been dealing with my compliant.

She emailed me on Monday saying that their letter to me on 26th June was their final response on the matter.

 

My reply to her was this:

Sarah, you mention the letter that was sent on 26th June. In it, it states 

'HSBC has comprehensive Records Management and Information Security policies which 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. If you held any accounts with HSBC plc which are now closed, we may no longer hold any information about these accounts'.

 

However, HSBC's own privacy policy,here, states:

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. 

 

I am still a customer of HSBC so still am in a 'relationship' with you.

Therefore, my question is, bearing in mind your own privacy policy, please can you explain why so much of my data is missing, with no record of deletion?

In effect, I put it to you / HSBC, that you have no clue where it is or who has it.

 

Her reply to this specific question was:

I appreciate you are still a customer with HSBC and feel you've been given conflicting information regarding our Privacy Notice.

I can't comment any further regarding our Privacy Notice, as I don't have the specialist knowledge.

 

I understand your frustration with this, but a final response has been sent out to you from the team who specialise in that area and deal with complaints daily about those sort of issues.

 

I am unable to go into that any further nor can I add any information regarding the DSAR.

All information we are required to send to you has been sent to you, including all calls held.

 

If you remain unhappy with the response given previously, you would need to escalate it to The Financial Ombudsman, as that was the banks final response regarding the matter.

 

For me, this is tantamount to them putting their hands over their ears and shouting "la la la la la" and ignoring what I am saying about the contradiction.

 

What do you guys think?

Share this post


Link to post
Share on other sites

very useful...

 

time to involve the FOS upon this.

 

but I suggest this is an informal phone call in the 1st instance.

 

let me resit this later.

 

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

Can i ask what you mean here, please?

 

An informal chat with the FOS to ask what?

 

Sorry for the questions...

Share this post


Link to post
Share on other sites

the simple questions already outlined above.

but you need to be cute and not waffle or worry about or relate everything to date else they might run a mile.

 

stick to the simple facts [giving away a wee bit of history only]

 

in 2010 you made a PPI complaint to HSBC regarding if PPI existed on numerous very old loans with them [insert date range]

HSBC replied that there was no PPI on any loan.

 

in 2019 with the impending deadline approaching you revisited the issue as you were sure you did have ppi.

sar's were sent, with little new information initially forthcoming, until you started to question their blanket statement of any data outside of 6yrs has been destroyed.

 

following the involvement of the ICO some historic data from HSBC did appear [if this part of the story is wrong way around switch it out to be correct]

 

that data shows that I did have xx number of PPI policies but that HSBC could not match any of those to my historic loans , so ultimately refused my claims again and have issued a final response.

 

would this be something you would be interested in investigating upon my behalf as it appear I have proof of PPI being levied under several policy numbers but because HSBC have no data to link them to my loans i'm being fobbed off.

 

as simple as that

invite them to take it on.

see what they say.

 

RECORD THE CALL

the smallest of comments that you forget could be the key to success.

but don't expect this to be quick!!

 

 

 


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

Absolutely brilliant!

 

Thank you.

Share this post


Link to post
Share on other sites

Hi there,

 

Sorry for the long delay, far too much going on in other areas.

 

Okay, I rang the FOS and recorded the call: 

I advised them that in 2012 I made a request to HSBC for them to look for PPI on my loans and that they replied to say that there were no PPI on any of my loans.

 

I then explained how earlier this year I made a DSAR and the results appeared to show PPI on all of the loans but didn't show the amounts of the loans.

 

I explained how I emailed them to ask about where the data is regarding said loans and how they initially quoted the old six year line but when I queried their privacy policy that states 'if you’re a customer, we’ll normally keep core banking data for seven years from the end of our relationship.' and how they then said they don't have the data but also do not have any record of deleting the data or on what date it was deleted.

 

The FOS asked how many loans there were, I said there were five and asked if this was something that they could look in to?

They said "We can have a check" and look at the evidence and would want to see mine as this would help. They said I would need to email them to start.

 

I will be doing this in the next 48 hours.

However, I'm guessing I need to get my PPI claim with these buggers (HSBC) quickly before the deadline. 

 

Is there anything else I can do, please?

 

Thank you ALL for the great help you've given me and everyone so far!!

Share this post


Link to post
Share on other sites

fill out an FOS CQ

send that to HSBC

 

copy that with ALL your data to the FOS.

 

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

Quick one - I’m taking a whole day this weekend to get this done.

 

Incidentally, I read this today on the Martin Lewis site;

While putting in an actual complaint is best, you could still beat the deadline by enquiring if you ever had PPI by 11.59pm on Thursday 29 August. Every big bank or card firm we spoke to told us this'll work. What's more, now most automatically turn the check into a complaint later, but not all will.

 

Link here;

https://www.moneysavingexpert.com/reclaim/ppi-loan-insurance/

 

Did we all know this?

Share this post


Link to post
Share on other sites

obviously else we wouldn't have told you to do so elsewhere.

 

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

Morning folks,

I've got part of the day to myself to get this done, once and for all.

I need to double check:

 

1. Simply a FOC CQ to HSBC for each of my loans is all that is needed to send HSBC

(they don't need to see any evidence that I have?)

 

2. Re the complaint to the FOS: I am claiming five things?

 

A) that the attached PDF ('Proof of PPI maybe') proves that I had PPI with each of the loans and that I am disputing that they were explained to me?

 

B) That HSBC claiming that they don't have any data longer than 6 years ago is plain wrong as they included bits in my DSAR as far back as 2004 (PDF '2010 Claim but 6 year...' is but one example of this)

 

C) That their repeated claim of the '6 year rule' in many of their emails / instant chats/ letters to me directly contradicts their own privacy policy that states 'if you’re a customer, we’ll normally keep core banking data for seven years from the end of our relationship', and that HSBC are deliberately not sending me the data they do have for fear of it proving I did have PPI on my loans?

 

D) That following my DSAR, they sent me some phone recordings but haven't sent me phone call recordings from 2013-14 where the customer service operator told me exactly how much the loans were for (which would be useful to me)

 

E) Provide emails from HSBC where they acknowledge my point of the contradiction between their '6 year' claim and their privacy policy but go on to 'refuse to discuss it any further', further substantiating my claim that they are holding back data from me

 

3. Complain to the ICO about the repeated failings of HSBC to provide me with data further than 6 years previously and provide them with the proof of contradiction and, thus, infringing GDPR and my rights?

 

Please let me know if I'm missing something, I sure would appreciate it (as I always do!)

Thank you,

C

2010 6 YEAR CLAIM BUT STILL SENT 2004 LOAN, YOU CAN TAKE THIS..02062019.jpg

PROOF OF PPI MAYBE.pdf

Share this post


Link to post
Share on other sites

Hi all,

quick question - I recently sent a DSAR to HSBC and they responded with details of my accounts but none of my First Direct bank statements / data, etc.

Should they have?

Share this post


Link to post
Share on other sites

Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

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

 

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

Share this post


Link to post
Share on other sites
12 hours ago, craigten said:

 Morning folks,

I've got part of the day to myself to get this done, once and for all.

I need to double check:

 

1. Simply a FOC CQ to HSBC for each of my loans is all that is needed to send HSBC

(they don't need to see any evidence that I have?) - no send one fos cq mentioning ALL mis-selling all the loans.

 

2. Re the complaint to the FOS: I am claiming five things? no you send them a copy of the same HSBC FOS CQ. inclosing ALL your evidence

 

A) that the attached PDF ('Proof of PPI maybe') proves that I had PPI with each of the loans and that I am disputing that they were explained to me?

 

B) That HSBC claiming that they don't have any data longer than 6 years ago is plain wrong as they included bits in my DSAR as far back as 2004 ( PDF '2010 Claim but 6 year...' is but one example of this)

 

C) That their repeated claim of the '6 year rule' in many of their emails / instant chats/ letters to me directly contradicts their own privacy policy that states 'if you’re a customer, we’ll normally keep core banking data for seven years from the end of our relationship', and that HSBC are deliberately not sending me the data they do have for fear of it proving I did have PPI on my loans?

 

D) That following my DSAR, they sent me some phone recordings but haven't sent me phone call recordings from 2013-14 where the customer service operator told me exactly how much the loans were for (which would be useful to me)

 

E) Provide emails from HSBC where they acknowledge my point of the contradiction between their '6 year' claim and their privacy policy but go on to 'refuse to discuss it any further', further substantiating my claim that they are holding back data from me

 

3. Complain to the ICO about the repeated failings of HSBC to provide me with data further than 6 years previously and provide them with the proof of contradiction and, thus, infringing GDPR and my rights? - no need

 

Please let me know if I'm missing something, I sure would appreciate it (as I always do!)

Thank you,

C

2010 6 YEAR CLAIM BUT STILL SENT 2004 LOAN, YOU CAN TAKE THIS..02062019.jpg

PROOF OF PPI MAYBE.pdf 408.34 kB · 1 download

 

let them work it all out,


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

Thank you very much for that!

Okay, I'm using this FOS CQ: https://www.financial-ombudsman.org.uk/files/2619/PPI-consumer-questionnaire.pdf

 

Here is what I have added to the appropriate blank space in the form. Please could you take a minute to have a quick look over it to see that I have laid it out appropriately?

 

finally, tell us why you are now unhappy with the insurance

Because since that time, I have found out that agreeing to the insurance would not have helped my application, contrary to what I was told when I applied for the loan. Also, I realise due to the recent publicity surrounding PPI that I should have had the details explained to me clearly.

Additionally, I did previously ask HSBC whether I had PPI on my loan and they replied to say that they were ‘unable to provide’ me with the data I required because they ‘do not hold any information prior to 6 years due to The Data Protection Act’. (you will see repeated use of this claim on attachments D1, D2 and D3)

However, since then, I contacted the Information Commissioner’s Office regarding this statement and they confirmed that there was no such provision in the Data Protection Act. Further to this, I recently found that HSBC’s own Privacy Policy (attachment ‘Y1’) stated the following:

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.

It states ‘seven years from the end of our relationship’ but I am still a customer of theirs, therefore, according to their own privacy policy, they should still have all my data stored. The fact that they do not, or claim they do not, directly contradicts their own privacy policy.

I reject their position that they do not have the data and I believe that they are withholding the data from me because they feel that it would be disadvantageous to them to provide it to me.

Because I did not believe HSBC’s claim of not having any of my data from beyond six years, I issued them with a  Data Subject Access Request earlier this year, the results of which showed irrefutable evidence that they do in fact have masses of my data from at least as far back as 2005. I have attached PDF scans of these statements, memos, etc as evidence of this.

 

You will see from the email correspondence from a Sarah Berry from HSBC sent on 9th July 2019 (attachment ‘X1’) that when I question the contradiction between their privacy policy by asking ‘Sarah, I am still a customer of HSBC so still am in a 'relationship' with you. Therefore, my question is, bearing in mind your own privacy policy, please can you explain why so much of my data is missing, with no record of deletion?’, she replied with ‘I appreciate you are still a customer with HSBC and feel you've been given conflicting information regarding our Privacy Notice. I can't comment any further regarding our Privacy Notice’. They are simply refusing to explain why they will not send the data.

I also ask Sarah Berry ‘You state that you had to check 'with our Legal Team about what information we can disclose to customers', please can I ask what you mean by this?’, and her response was ‘When we are looking to disclose any information of a sensitive nature, we are required to check with our Legal Team to ensure this information can be provided externally. This is a bank policy and I cannot comment any further about this’. I believe this, as well as the evidence that I have attached showing they do have records from as far back as 2005, is further evidence that HSBC are selective in what they release to their customers in response to requests for their data / records.

 

Most importantly, you will see from HSBC’s letters to me, ‘G1’, they claim that, even though they cannot locate the data I need, they state ‘I confirm that none of these loan accounts had Loan Protection Insurance’, this is a contradiction because how can they confirm this if they do not have the data? However, you will see from attachment ‘A’, that the internal memo not only shows that there was PPI on all of my loans, but they even provide the ‘Personal Loan Protection’ policy numbers!

 

 

 

 

 

 

 

 

 

 

 

If you need more space, please use the spare page at the end of this questionnaire.

Share this post


Link to post
Share on other sites

pers i'd simply use a few bullet points.

the meat can be gathered from them reading the correspondence

 

go get a cheap penstick attach that to the form.

put EVERYTHING on it.

 

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

Great! I will be sending this on Saturday via 'signed for' postage.

 

One question I would love to know the answer to, though, is if the FOS do agree with me that HSBC are withholding my info, what can they do about it?

Share this post


Link to post
Share on other sites

they have some powers to force them too but I would suggest they'd probably rule that they must refund you and suggest what that should be rather than going down a disclosure route.

 


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

Understood. A bit tricky for them without the loan amounts though?

Share this post


Link to post
Share on other sites

no, all PPI providers have std refund calculations for lending they use for refunds when limited data is available but accept PPI existed or are told to refund.

 


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

Just getting my stuff together to send. A question - I have various statements from them, following my DSAR, from as far back as 2005. This is part of my evidence that HSBC do have records going back much further than their claimed six years. However, I must have over a 150 pages of sporadic statements that show this, would you advise I scan / copy them all?

Share this post


Link to post
Share on other sites

Already answered post 108


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

Apologies.

One of my main points to the FOS is that they state in many documents that they have no records that show I had PPI on my loans (they state the loan account numbers and sort codes), but then state  

'Please note that you can take this letter as confirmation that you have not had Payment Protection Insurance for any of your loans'.

I will be very interested to see what the FOS says about this!!

 

One more stupid question

- If I send the same FOC CQ to HSBC which contains all my bullet points of evidence,

does this not give HSBC the 'heads up' regarding how to combat / argue the points I've made?

And I send HSBC ALL the evidence too?

 

Also, I have just found details of a personal loan repayment on one of their statements they sent from 2005.

Can this be used by the FOS to work out anything?

 

Should I only include my big explanation of things in a covering letter to the FOS with the CQ?

I'm concerned that my breakdown of how they lied to me will give HSBC the chance to compile their argument?

Share this post


Link to post
Share on other sites

hsbc don't need their own data back.

but yes send them a copy of the FOS CQ.

 

you are quite entitled to send the FOS a covering letter.


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

I have finally submitted my claim to the FOS. I just need to send my CQ to HSBC now. Phew.

One issue though - even though I had scanned over 500 pages of my evidence, you are only allowed to upload a maximum of 50mb and / or 10 different files so I still need to send FOS a lot more evidence. Shall I contact them about this or wait for them to contact me about this complaint?

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...