un1boy v HSBC - SETTLED!

[un1boy]

Well, got this reply from the HSBC secure emailing system today:

_____________________________

Thank you for your e-message received 17 June 2006.

 

I have forwarded your e-message to the relevant department who will contact you direct.

 

Please do not hesitate to contact us, should you have any further queries.

_____________________________

 

So, at least I know they have received my letters and realise I'm not playing games. These are all being kept, what evidence?

 

I'm still waiting for my Credit Card Statements though - the original request was sent 03.05.2006. I got a reply from them dated 15.05.2006, containing my cheque so I am going to count the 40 days from 05.05.2006. I think that's fair enough. That means they are nine days overdue. I am sending the template three letter from the DPA seciton tomorrow, recorded delivery of course!!

 

Keep you posted.

[un1boy]

Hey guys, I'm sending the following letter for their breachj of the DPA:

_________________

 

You have failed to comply with my Data Protection Act (DPA) Subject Access Request dated 03.05.2006. The DPA states the information requested must be supplied within 40 days. As you of today you have had 47 days in which to comply. I have also sent you a follow-up letter dated 05.06.2006, which was received by HSBC 07.06.2006. As of today, I have not received any response to that letter either.

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice. Therefore, I expect you to comply by 26.06.2006.

____________

 

Does this sound okay, or should I put a "clause" in it stating that if they have already replied then that is fine?

 

Do you think I should send them a letter because they only sent me the last 6 years, and only statements, rather tahn EVERYTHING. Or do you think I should just leave it and be happy with the 6 years statements? I asked for any notes etc on account history too, using the standard template DPA request.

 

I'm not sure what to do about this really.

[maverik1979]

Hey guys, I'm sending the following letter for their breachj of the Data Protection Act:

_________________

 

You have failed to comply with my Data Protection Act (DPA) Subject Access Request dated 03.05.2006. The DPA states the information requested must be supplied within 40 days. As you of today you have had 47 days in which to comply. I have also sent you a follow-up letter dated 05.06.2006, which was received by HSBC 07.06.2006. As of today, I have not received any response to that letter either.

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice. Therefore, I expect you to comply by 26.06.2006.

____________

 

Does this sound okay, or should I put a "clause" in it stating that if they have already replied then that is fine?

 

Do you think I should send them a letter because they only sent me the last 6 years, and only statements, rather tahn EVERYTHING. Or do you think I should just leave it and be happy with the 6 years statements? I asked for any notes etc on account history too, using the standard template DPA request.

 

I'm not sure what to do about this really.

ok the template letter asks specific requests, i.e any evidence of manual intervention, which they have failed to disclose, so dont worry about that, however if you try and take the bank to court because they havent sent you everything and any beyond 6 years, youre going to look silly , as the bank has complied with your dpa request exactly as you asked, so , tot up your charges and proceed to step 2 please

 

you have to know exactly what you are doing here, or the banks will capitalise on any ignorance, re-read the faq's , step by step guides and any completed actions by forum mebers unitl you have it clear in your mind what you require to succeed

 

(do no pass go, do not collect £200)

 

that is all thankyou

[un1boy]

No, no, I haven't sent this yet. I have sent my prelim - I'm just concerned because I asked for both my current account AND credit card statements in my first request. They sent my current statements, but not my credit card ones. I also sent them a follow-up letter, which they still haven't replied to!

 

My credit card has the most charges on it. It's been 47 days and they haven't sent me my credit card statements still, even after my follow-up letter.

 

I want to send them the other letter, saying that, although I have received some information, they failed to send me my credit card statements and confirm manual intervention for that account. I think they are dragging their heels with this, and I just want to give them (another) nudge.

 

Do you think I should push them on the DPA thing for my credit card account? They have until Thursday (22.06.2006) to reply to the premlim, then its the LBA - so the current account claim is sorting itself.

 

Just don't know whether to request the credit card seperatly again!?

[maverik1979]

i think you may have to be having a word with mr dpa commisioner about this one actually, however it might not hurt to sent a quick letter off to ask if they actually read the letter in question , in regard to requesting two sets of information, but you may have to out in an official complain to the ombudsman if you get no joy

[un1boy]

Ok, cool. Do you see where I'm coming from with this one now? It just annoys me, that;s all - they;ve confirmed they;ve receievd both letters, so I knwo they've got em.

 

So, you suggest that I write a letter to the Information Commissioner first, or send this one to HSBC?:

________________________________________

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated xxxx. The disclosure of personal data is incomplete in that at least the following documents are missing:

1) You have failed to provide a complete list of transactions and charges since my credit card account’s inception.

2) You have provided no notes, or documents relating to instances of manual intervention.

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

As of today you have had 48 days in which to comply. I have also sent you a follow-up letter dated 05.06.2006, which was received by HSBC 07.06.2006. As of today, I have not received any response to that letter either.

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court. In order of fairness, the 7 day deadline will commence from the day HSBC receive this letter, as confirmed by the Royal Mail's Recorded Delivery Service.

_________________________

I just don't want to send another request, when they have clearly breached the DPA!

 

Thanks for advise.

[un1boy]

Right, just called HSBC to see if they have replied to my DPA follow-up letter and e-messages before I send the breach letter.

 

I was told by the adviser that they have been waiting for the original date I sent my DPA request, and the follow-up letter! I told her the dates and she said someone was looking into it. I explained that as they have had 48 days, I would be issuing the letter below, giving them 7 days to comply. Then she told me I had to call the debt collector who holds my account and I told her that HSBC were the Data Controller, not Metropolitan. And also, I couldn't understand why HSBC sent my my current account statements, but Metropolitan need to send me my credit card ones - even though both accounts are held with Metropolitan!

 

Well, here's the letter I'm sending recorded delivery today:

 

____________________________________________________

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 03.05.2006. The disclosure of personal data is incomplete in that at least the following documents are missing:

1) You have failed to provide a complete list of transactions and charges since my credit card account’s inception.

2) You have provided no notes, or documents relating to instances of manual intervention.

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

As of today, you have had 48 days in which to comply. I have also sent you a follow-up letter dated 05.06.2006, which was received by HSBC 07.06.2006. As of today, I have not received any response to that letter either. I have also sent two e-messages through www.hsbc.co.uk Internet Banking Service. I made a telephone call today to see whether my information had been sent, however was advised by Zari that you have been waiting for the date that I sent the original request. After I explained that no-one had called me to request this information and that I would be sending this letter, she advised me I would have to call Metropolitan Collection Services. I find this somewhat contradictory, as you complied with my request for my current account statements and as a Data Controller under the Data Protection Act is sufficient for me to ask for this information from HSBC, not Metropolitan.

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court. In order of fairness, the 7 day deadline will commence from the day HSBC receive this letter, as confirmed by the Royal Mail's Recorded Delivery Service.

________________________________

I'm a bit scared now, to be honest. I don't want HSBC to think that they can drag their heels, I want them to knwo I'm serious. As for the Information commissioner, is there one per organisation, or is he someone independant? Should I send him a copy of this letter as well?

Any advise would be greatly appreciated!

Thanks

[Spiceskull]

I'm a bit scared now, to be honest. I don't want HSBC to think that they can drag their heels, I want them to knwo I'm serious. As for the Information commissioner, is there one per organisation, or is he someone independant? Should I send him a copy of this letter as well? Any advise would be greatly appreciated!

Thanks

My own suggestion would be to focus on your claim, and getting your charges back. You can deal with other issues at a later, less hectic stage, and also with the knowledge that you have beaten the bank already.

 

75% of your action is about confidence - knowing that what you are doing is right, that you have prepared yourself well, and that others are there to assist when needed.

 

Once you have had your money refunded, you will be in this position, and better able to tackle the other issues...

 

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

[un1boy]

Thanks Spiceskull, that's made me feel better. They are tryiong to stall - they have until thursday 22.06.2006 to reply to my prelim, lol. Then it's the LBA! I'm really thinking this one will end up at the moneyclaim point at least!

 

Scary! But I've been reading through this forum so have a bit of confidence/excitement at the same time.

 

I'll let you know how it all goes anyway.

[un1boy]

Well guys, tomorrow is the last day they have to reply to my Premlim. Im writing the LBA now, ready incase I don't receive it tomorrow. Should I defo give them an other 14 days, or should I wait 7?

 

Thanks.

[Spiceskull]

If your timetable said tomorrow - stick to it. Your LBA should also give them 14 days before you raise your claim. Be reasonable, try to give them sufficient time, then sue them into submission...

 

[un1boy]

Well, it's all getting interesting now!

 

Lol, well - today (the 14th day) I received, as expected, the usual fob letter - The bank doeas agree with your contention that the charges constitute a penalty....blah blha...Our fees and charges are clearly stated in the terms and conditions....blah blah....pleas wirte to the ombudsman.....

 

Well, LBA printed, but I can't send it 'til Monday 26/06/2006 beacuse I'm not at home and don't access to teh charges list - doe sthis matter, or should I send the letter today, without the schedule?!

 

I'm going to set up my claim with moneyclaim now too, just so it's ready!

 

Any advise greatly welcome....

 

Thanks guys, I'd have given up after this letter if it wasn't for you!!

[Michael Browne]

It would probably be better to include the schedule, esp if you've mentioned it in the LBA. It's only an extra 4 days after all

[un1boy]

Good Point. I've not sent the LBA yet though - this is the response to my premlim letter! lol. Do we need to send a list of the charges? Or I guess I should wait?

 

I just want to keep to my timetable as musch as possible, you know?

 

Thanks again.

[Spiceskull]

You need to print of the list of charges, dates applied, and what the charges were for. At this stage (LBA) you do NOT need to send the interest calculations. This ONLY happens when you raise the claim.

 

Expect them to make an offer before you raise your claim, but don't expect it to be for the full amount.

 

Good luck,

 

[un1boy]

Nice one, thanks Spice - so if I just print off the lsit of charges from the spreadsheet on Monday and send it then?

 

Does it matter that I'm gonna have to wait 4 days to send the LBA? I'm just worried that if I stray from my timetable it might effect any claims? Or should I send them an e-message from the internet site and tell them, out of courtesy I'll give them another 4 dyas?! lol

 

This site is so getting a donation when I get my cash!

 

Thanks

[Michael Browne]

Honestly, Monday will be fine, it won't affect your claim at all.

 

Of course it's a good idea to stick to the timetable, but it not written on tablets of stone. It's better to delay slightly and get it right.

 

Emailing them won't make the tiniest difference. Don't bother

[un1boy]

Ok, cheers mate! I'll wait til Monday then!

 

Keep you posted!

 

[un1boy]

well, my fantastic housemate is emailing me the charges doc!!

 

So, just to clarify, I'll send the LBA tomorrow but when I enter my details on Money Claim - what do I put in the Particulars of Claim form?

 

I read somewhere that this is what we have to wirte:

_________________________________________

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

___________________________________________

 

But I'm not too sure.

 

Any ideas?

[Michael Browne]

On moneyclaim you are limited to 1080 characters and 24 lines

This should fit, but might need tweaking

 

Claimant has account (A/C No) with Defendant from (Date)conducted on their standard terms and conditions. Claimant is claiming the return of money taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date) to (Date) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00).

[Spiceskull]

If you are sending the LBA tomorrow, I would wait before even preparing an MCOL page - whilst not wanting to sound sympathetic, you do need to give the bank a chance to respond to the LBA...they deserve that much at least!

 

That aside, you will need to mention interest on your claim, as well as consider any part-offers the bank has made and you have accepted (if any).

 

Take a breather...these things run their own course, and you do not need to do everything yesterday...

 

Did you have any luck with sources for your Uni project - I'm still keen to see it.

 

[un1boy]

Cool, thanks for that!!!

 

I've got my schedule of charges, which I'm sending today with my LBA letter. I have been sending my letters to my Branch, but have received the decline letter from an address in Arlington. Should I write back to the address and person that "signed" the decline letter?

 

I want to write to my branch, just for consistency.

 

Thanks guys.

[un1boy]

Thanks Spice, just seen your last post - you're right, I'll wait.

 

As for my uni project - I haven't much luck with that at the moment. Al my stuff is in Manchester, but I've been back home in Berkshire the last few weeks. I've been looking through the online info I;ve got, but I;m trying - I'll keep you posted!!

 

 

Thanks.

[un1boy]

Ok, LBA sent so I'll let you know when they reply and what they offer!!

 

Spice - I have tried accessing my uni account online, but the intranet is not available now until 26.06.2006 so I'll let you know if I can find anything when it is back up and running!!

[Spiceskull]

S'Cool.