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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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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!
       
       
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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 4986 days.

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