reallymad v HSBC

[reallymadwoman]

Hi everyone,

Despite spending most of the last two days reading I haven't been able to find an answer to this one.

After I split with my ex (in 2003) I opened my own account at HSBC having had a joint account with them since about 1982. Ex subsequently managed to close the account after he had run up quite an overdraft and the kind folks at HSBC transferred the debit balance to my personal account. I'm no longer fussed about chasing him for half the money (entirely pointless) but

 

1. As the balance was transferred to my account do I need to do two DP requests - one for each account?

2. Ditto re the balance - will I need him to sign anything, and even more importantly will I need to give him any of the money?

 

Also, just how far back can I claim? Is it easier to stick to the last 6 years, or could I, in theory, go right back to 1982?

 

Many thanks for your help

 

Incidentally, despite a very long family connection with HSBC, for some reason I now choose to bank elsewhere.

[lateralus]

it's def easier to go for just 6 years - you'll have to do a lot more reading if you want to go back further - depends a lot on how much info you've got to hand as they won't say they have anything older than 6 years..

 

on your S.A.R - (Subject Access Request) - note specifically that you want all information held by them on you for all accounts - include both account numbers (more if you have any)

 

if your joint account was an either/or account - you should have no problem reclaiming the charges (and keeping the money - although i think in theory he could object - he's not likely to be reclaiming is he?)

 

 

 

this thread is a legend:

Bong v HSBC *Contractual Interest & 13yr claim**WON!!!** (1 2 3 4 5 ... Last Page)

bong

[reallymadwoman]

Hi, and thanks for the really excellent link, definitely useful.

 

Unfortunately I shredded about 10 years of statements once the divorce proceedings were over, so I don't actually have any info at all. I know we repeatedly had to take out loans to repay overdrafts though, so I'm sure there's plenty of charges to be reclaimed.

I still owe HSBC about £7000 and to be perfectly honest I would settle for clearing the debts and my credit record, the rest of it is just history so far as I am concerned.

As for the ex, I doubt he'd ever reclaim himself (he'd almost certainly ask me to do it for him, kind soul that I am) and as for claiming a share of the money - let him try!

 

Thanks again.

[reallymadwoman]

S A R requests delivered. Now the waiting begins.

[reallymadwoman]

I've more or less decided to go back as far as I can on this one. Does anyone know how far back HSBC keep their records?

[Lenlu]

I think you can only claim more than 6 years if you have the records, HSBC will only send you 6 years, so if you have more than its worth trying to claim, if not then you can not get hold of them

[Castlebest]

No one knows how far back HSBC's records go, if you ask them for your statements older than 6 years they will tell you they have been destroyed as they dont have to keep them.

 

I think they actualy have to keep them for either 7 or 12 years but I havent researched this.

 

They do seem to be able to check claims that are older then 6 years with remarkable ease for a company who dont have any records older than 6 years.

 

pete

[reallymadwoman]

Thanks for that Castlebest. I'll wait to see what comes back from the SAR then ask for the rest.

[reallymadwoman]

In my SAR request I included three account numbers.

 

I've received a reply this morning returning my postal order and saying the statements will be sent to me shortly, but it only mentions one account.

Do I wait and see if I receive a response re the other two, or write and point out I wanted info for all three?

 

Also should I be worried by the mention of copy statements as that wasn't actually what I asked for?

[reallymadwoman]

Bump!

[Castlebest]

I think copy statements are better because they show everything and you can pick out exactly what you want from them. And yes drop them a line confirming your SAR was for 3 accounts.

 

pete

[Lenlu]

Just to reassure you, I applied for 2 accounts and all correspondance has always come seperately, even the offer which confused me, so everything should be ok.

[reallymadwoman]

Thanks for the replies.

 

I haven't had anything else from HSBC yet, but I'll give it another few days before I send them a note about the other accounts. The one they have replied about was a card account and the other two were current accounts so they may be dealt with by different departments.

 

I'll keep posting on progress.

[reallymadwoman]

Hi,

I received all the statements for the credit card account today, but still not a word on the two current accounts.

The 'bad' news is there are absolutely no charges on this account, so looks like I have to pay it.

The clock is still ticking on the current accounts, and I know there were charges on them.

[Lenlu]

I would chase them up hun, give HSBC a call and they can tell you there and then whats happening, they messed up mine, when I called them said they hadnt received the request and ordered them there and then for me, but they then came 2 days later with my heque so they obviously HAD received my request......doh!

[reallymadwoman]

I sent them a reminder at the end of last week, so I'll give them a few more days yet. At least they can't say they didn't get the original letter, so as far as I am concerned it's their problem if they're late getting the info to me.

[Lenlu]

aye its just a pain in the bum waiting isnt it

 

Nice to see someone else up at this hour too Im at work

[reallymadwoman]

As a chronic insomniac, I find this site of enormous benefit even when I'm just waiting for the next stage, so apologies if all my posts aren't entirely coherent after 3 hours sleep in the last two days.

I originally started with the hope of just getting HSBC plus D and G solicitors off my back, but now I'm hoping to get something back too. It's about time the little guy fought back and I am not going to give up no matter how long they take.

If I was cynical I might think they supplied the credit card statements so quickly just to prove they had been entirely reasonable and there were no unlawful charges for me to claim back, so I should just let sleeping dogs lie and keep paying for the next 320 years (actually 319.65 to be exact). However I know there are potentially thousands in charges on the two current accounts, so I prefer to wait for them to supply the statements and then make my next move. Over to you HSBC, but be warned that I have a very efficient diary system on account of I'm usually so tired I need to be reminded to go to bed!

[pinkduchess]

laughing

 

go for 'em rmw

[reallymadwoman]

Still nothing on the current accounts, so I'm sending another reminder. 14 days to go, and still counting.

[reallymadwoman]

Still nothing from HSBC and 7 days to go. I'm starting to get worried.

 

Just so I'm prepared, am I correct in thinking I would need to complain to the information commissioner if they don't comply?

[reallymadwoman]

HSBC now have only 1 delivery day before they are in default of the SAR request, so I'm assuming my statements are not going to arrive on time. I'm intending to do an LBA giving them another 7 days before I report them to the information commissioner (which might be pointless, but I like to be seen to have tried) and/or take enforcement action through the courts.

If there's anything else I should do, or any alternatives I've missed, please let me know.

[Catlover64]

Do you have access to the internet? If you have internet banking, you can take down 6 years worth of statements....

[reallymadwoman]

They blocked my internet access when they defaulted me 2 years ago.

[freakyleaky]

• If the bank fails to supply you with your data then you should complain to the bank. Give them 7 days to comply and tell them that you will begin a complaint to the Information Commissioner and also that you will begin a County Court action under the Data Protection Act.

If the bank does not respond to your 7 day warning then begin your complaint and start your action.