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HSBC simply refuse to send statements


Candice
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HSBC simply refused to send any correct information despite making the full and correct DPA requests as per the guide. This has been going on for a few months now. I have an idea of how much they've taken from me, about £3000, but how do I go about claiming even though I don't know the full amount?

 

Kindest thanks for any help!

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do you have online banking ?

 

if so get them there

  • Haha 1

HTH (Hope This Helps) RDM2006

 

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When was the account closed?

 

They would only send mine for the last 6 years, claiming that 'they legally only have to keep them for 6 years'

 

They claim to destroy them automatically after 6 years.......and they probably do burn they after 6 years and 1 day because of people starting to try and claim beyond 6 years.

 

I think your pretty stuffed unless you already have copies of anything older than that.

 

My account was closed in 2003 so they sent Mar-01 to Jun-03 when the account closed.

 

They are legally obliged to send the last 6 years if you sent them the Subject access request (SAR) and included the £10 fee. Send a photocopy of your drivers licence or something and a list of previous addresses if you have moved in case they cannot locate the account.

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When was the account closed?

 

They would only send mine for the last 6 years, claiming that 'they legally only have to keep them for 6 years'

 

They claim to destroy them automatically after 6 years.......and they probably do burn they after 6 years and 1 day because of people starting to try and claim beyond 6 years.

 

I think your pretty stuffed unless you already have copies of anything older than that.

 

My account was closed in 2003 so they sent Mar-01 to Jun-03 when the account closed.

 

They are legally obliged to send the last 6 years if you sent them the Subject access request (S.A.R - (Subject Access Request)) and included the £10 fee. Send a photocopy of your drivers licence or something and a list of previous addresses if you have moved in case they cannot locate the account.

 

The account was open in 2001 and closed in 2005. My SAR was done textbook. I've not complained about non-compliance yet, I just want to go ahead and claim now because the 6 year limit is literally just around the corner :(

 

I can guesstimate my complete charges, so how do I go about sending an LBA with an estimate and then doubtless submitting that claim?

 

Kindest thanks for all your help everybody, rep on the way to you all!

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or take them to court for non compliance

 

and here is a link on how to complete the court form

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

HTH (Hope This Helps) RDM2006

 

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Thanks guys, I've been going over that stuff this morning and feel it's my duty to lodge a complaint for non-compliance because the ICO is being stupidly soft with them and these banks need to know they're not above the law.

 

Could anyone kindly give me pointers on submitting a claim for punitive charges when I only have an estimate to go by? This is the bit I'm still finding a little confusing.

 

Loads of thanks!

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Could anyone kindly give me pointers on submitting a claim for punitive charges when I only have an estimate to go by? This is the bit I'm still finding a little confusing.

 

Loads of thanks!

 

I feel like a right dunce. I've been through the entire process before and won but knew exactly how much I've been charged. Despite the reading, I really just don't get the difference in what you have to say and do when you're not certain of the charges but have an estimate :(

 

Please could anyone kindly help with pointers to what I must do differently to a regular claim where I know how much I'm claiming for.

 

Thanks again x

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Hi Candice,

 

You have done everything right so far, so No, your not being dense. Your stuck in the same boat as a lot of people with HSBC.

 

1st, Do you still live near your old branch ? If so try getting some statements over the counter, I was able to get some info. but not all, from my local branch. You will need your passport or drivers license or other proof of identity.

 

2nd Yes, do complain to the Information Commissioners Office, the more people that do so, the more pressure will be brought to bare.

 

3rd Do send off your non-compliance letter A.S.A.P

 

4th For now anyway, I would really not recommend sending a estimated list of charges yet, not until you have exhausted all other means.

 

Good luck, keep the faith.

 

Lex

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/42260-alex-barclays.html

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/81832-alex-hsbc-six-years.html

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  • 3 months later...

make an official complaint as per

--- only to hsbc----- they have to respond

 

http://www.consumeractiongroup.co.uk/forum/mbna/116812-when-mbna-dont-respond.html#post1174806

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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Nothing wrong with sending an estimated claim so long as you can provide some form of backup for it (ie at least SOME dates and amounts.) Until such time as the claim is submitted on the N1 (NOT Mcol at the moment) then it's always subject to change anyway.

 

But as Lex said

 

Send your non-compliance comlaint off immediately (up to you if you inform the bank that you've done that, I would as sometimes it gets things moving anyway and then you just have them for the non-compliance ANYWAY)

 

Good luck :)

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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