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My 6+ Year Claim Against HSBC


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I think that's half the fun of it for SS - receiving their replies for the perfectly valid, but bloody irritating (for HSBC!) questions he asks and points he makes!
Check the charges pending thread :wink:

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Spiceskull,

 

I can see you are trying to make a claim against HSBC for charges going back more than six years, and also because you don't have statements, that the claim is estimated.

 

I am in a similar position, or at least I don't believe I will get the statements from HSBC. Can I PM you to discuss what you put in your letter. I don't want to get it wrong, and reading around the forum it seems that you have a reasonably good grasp of how to deal with HSBC.

 

Amber. :-)

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  • 3 weeks later...

Hi Spiceskull - I am trying a similar thing here regarding 6 years plus estimated charges but have been shouted down by a few in the forum for trying. Can I contact you regarding your case?

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Great reading Spiceskull,

I am just looking into the +6 years route. I also have no records dating back beyond 2000. But I spotted a little snippet on the bottom of a post by JonCris http://www.consumeractiongroup.co.uk/forum/abbey-bank/24198-joncris-shabbey-x-2-a.html#post190576 and had to call HSBC anyway . I called HSBC head office for 2 reasons, 1st 40 days up & no DPA info, 2nd pre 6 yrs data.

After 30 minutes wasted i asked to speak to a supervisor. I explained that i was giving them one final opportunity to comply before I initiated County Court action in respect of the subject access request. I was told that this would be chased up as and the information forwarded to me as ‘Urgent’.

I then asked about pre 6 yrs data and was told many times in different ways that information is not kept after 6 yrs, due to law etc etc.

I told her that she should contact the records retrieval dept. to obtain microfiche archived transactional data back to the initiation of my accounts in 1994.

....Silence for a few seconds then yes sir i can do that. I then asked why she had just lied to me, she explained that full details (whatever that means) are not archived but transactional records are. Not quite the smug overdose you experienced but still a good smug ‘hit’.

I then asked her to confirm that she will send me transactional details from 1994 to date for both my bank account and credit card, just to double check that there was no misunderstanding, she agreed……so if pre 6 yrs data does arrives as in JonCris case we should all be able to access it ……

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Thnks for that bitbob - I was not aware that HSBC stored the info on fiche. One of their 'defences' against my claim so far is that I can't 'prove' that any charges were actually applied - I might just give this route a try...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I will keep on their backs and i will let you know if they do actually turn up the info pre 6 yrs. I could give you the number & name of the lady supervisor that i spoke to at the head office if it is any use to you.

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Hi Bitbob - that would be great, yes please. You could post the details here, or else send them to me by PM. Thanks.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I've just spotted this thread (despite seachers for 'over 6 years' when I first joined :rolleyes: ), and watch your progress with interest.

 

I'm putting together my claim for 2000 onwards, but the worst of the damage the did to me was in the 4 years previous :evil: My plan is to get a resolution on the current situation and then look backwards (I do have a load of statements to get real info off - but I need to get them together and sort them out - no time at the moment).

 

My logic is, if the recent charges are unlawfull, then the older charges (that I hold the proof of) are also unlawfull - but I'm trying not to bite off more than I can chew. :)

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Hi spicey ...... the name change threw me off there ?

 

any news on the pre 6 year front?

 

most of my big charges were 1994 to 1999 so i am watching your thread with great interest :)

HSBC

Prelim sent 1st aug

LBA sent 15th aug

MCOL issued 31st aug

offer recieved and rejected 5 sept

second offer recieved 3rd oct

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Hi All - have a few claims in progress with First Direct but it relates to this as its a subsidary. Sent this letter to them after reading this thread:

 

 

Previously you have informed me that you do not hold any records regarding my account statements further back than six years. Please tell me when and by which method my statements were destroyed. Please also send me the evidence of this. Please also confirm if you have any of my transactional records dating from the opening of my account on 31st August 1994 to June 2000. You can contact your records retrieval department for this and ask them to check their microfiche records.

I will give you 40 days to comply with this request and would like to collect the records from my local branch in Rye East Sussex.

received this today:

Thank for your letter dated 18 August 2006 requesting information about your accounts' transactions and statements.

Transactional data are stored as copy statements on first directs systems for a six year period, after which time the data are subject to a secure, automated destruction programme. Under the Data Protection Act you are only entitled to be provided with copy statements that fall within the scope of the Data Protection Act. I believe these were provided to you in June this year, however should you require further copies please let me know.

I trust I have clarified the bank's position. However, should you remain dissatisfied, you may write to Robert Kernaghan, Customer Relations Manager, in line with our complaints procedure.

If we do not hear from you within the next eight weeks, we will consider this matter resolved. Complaints we cannot resolve can, ultimately, be referred to the Financial Ombudsman Service' further details of which can be found in the enclosed 'Listening to your comments' leaflet.

Yours sincerely

 

Linda Young

 

Manager, Data Security

This seems very evasive and does not mention anything about evidence of the destruction and neatly avoids mentioning microfiches.

will keep you posted

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I have been speaking with a HSBC data controller.

 

From our conversation it would seem that not only must the data be recorded properly but if the data is processed in any way, including destroyed, then a record must be made of this action in order to comply with the DPA. I havent double checked this in the DP Act but i recall this to be in the Act somewhere.

 

I will check out the DP Act later today, if this is correct then the banks must tell you when the records were destoyed to comply with the DPA.

 

Any thoughts?

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but if the data is processed in any way, including destroyed, then a record must be made of this action in order to comply with the Data Protection Act
That is an interesting angle...and should be provided as a part of the notes. Therefore anyone requesting a full set of notes and details past the six year period should have received confirmation of destruction. If not then the bank has not complied fully with the request.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 1 month later...

keep going abcdef ! best thread ive seen.!!

 

watching with interest.

Data Protection Act to NatWest 22-07-06

Data Protection Act GE to GE 16-08-06

Mums Data Protection Act to Barclays 22-07-06

MUMS PRELIM CHARGES REQUEST AND SCHEDULE SENT 30-8-06

James prelim and sched sent30-8-06

James Lba sent 5-9-06

COBBETS DEFEND JAMES CLAIM deemed served 7-10 28 DAYS FROM THE 7TH TO DEFEND.

mums rejection of settlement offer sent back on 29-9-06 original lba sent 20-9-06 have until 4 oct to make full offer-not received Moneyclaim can go ahead.

Prelim to GE 10-10-06

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I submitted my Data Protection Act in June 06 but only received statements from Oct 00 not June 00 as I should of.

 

I have been hasleing HSBC to provide this data. Eventually I got to speak to a customer complaints manager. He said that records get destroyed so I couldn't have them anyway as the statements I want are over 6yrs old.

 

Filed in my Court claim today and also submitted that they have failed to reply in full to my Data Protection Act and that I want the outstanding info. Lets see what happens once we get into the court process. This will probably set the presedent as to whether HSBC actually do destroy the data or not. If I get my records back then I guess so can everyone else.

 

My guess is that statements are achived off onto tape somewhere and kept indefinanately. I guess we are all being told they are destroyed due to the extra expense and time for these records to be retrieved.

 

I'll keep you all posted.

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i read on another thread that all the old records are sent to the records dept where they are microfiched.

this was admitted by an employee of hsbc.

they will have the records from the opening of the account.

The trick is to get them!

HSBC

Prelim sent 1st aug

LBA sent 15th aug

MCOL issued 31st aug

offer recieved and rejected 5 sept

second offer recieved 3rd oct

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Exactly - I had a letter from DG Solicitors, stating categorically that all records were destroyed, and that the requested information does not exist (makes you wonder why a bank is sharing confidential information with a non-banking business in this fashion...)

 

They also asked me to provide details of the person who had told me that the fiche does exist, so that they can be 're-educated/trained' (i.e. sacked...)

 

Okay - so another contact with that person is called for, because I really want that information, if for no other reason than to wave it in the face of DG. After all, if a solicitor is wilfully misleading people with the facts, then what chance do they have in court? Pleading ignorance? As if...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Are you actually with HSBC? If so, I would be keen to see how they respond to your request for transaction history. I expect it will be similar to the response I received, but I do want to identify any loopholes/contradictions that may exist...

 

Sorry for the late reply. I am with HSBC and recieved all six years worth about three weeks later. Just sat there for months before I sorted it out and about ten days ago I sent off the secound later with spreadsheet calculations (around £4850). Haven't heard anything yet and will send follow up letter Monday.

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Good luck with it...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Brilliant thread! I'm about to start my battle with HSBC and they've just stated that "we are unable to confirm the date and method of destruction of the data"

 

I'm going to be annoying and ask to confirm how they know that my acc was closed over six years ago and just how they know the data was destroyed. since they can't provide proof of the process its destruction.

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The data from more than six years ago...I am still faffing around with this, and really ned to get my a*se into gear and make an informal request from the relevant department, rather than go through the official channels.

 

Thanks for reminding me about this...but yes, once I have the information I will give them a grilling over their contradictory responses and 'data management' methods.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 3 months later...

Yes - there have been quite a few developments, in a few areas, but due to the nature of the claim, and the principles I am arguing, I am not prepared to discuss developments on-forum at this stage. I am in discussion with DG, and the last thing I want is for them, or HSBC, to start shouting "Foul!"

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Yes - there have been quite a few developments, in a few areas,

 

That's interesting, as I've just read in Microdotster's thread the repeated theme that charges from over 6 years ago cannot be claimed back.

 

Once I get all me data together against HSBC my claim is going to include everything INCLUDING the pre-2000 information I have on paper statements - if you don't want things quoted I won't quote acts and sections, but if I'm barking up a wrong tree could you please tell me?

:)

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Please note that this topic has not had any new posts for the last 4927 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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