I will be asking incoming calls to my own number so why will be called a third party ?

If I have started a complaint process with HSBC AND a case with an ombudsman, Can I place a court order?

Many Thanks, Andyorch. And which court should I send this to? Please advise.

The call was not made from bank's landline/recorded line and so the bank says it does not have this information. So the only option for me is to get this information from my service provider.

DSAR is only for outgoing calls. Not incoming calls.

I have seen that link you just sent on the internet. What I need to know is what fee needs to be submitted and whether that is an authentic reply.

Virgin Media said that they release such info when they get court order.

This is about two years ago. Virgin Mobile confirmed that they can provide incoming call details of the date I need. Please help me know the relevant form.

Many Thanks, HoneyBee for reply. I need to show the bank that one of its employees/advisors had discussions with me and that those were incoming calls to my mobile. The bank is refusing to take my point without evidence.

Dear Friends, I need to get details of incoming calls to my phone. I was advised by Virgin Mobile that under GDPR regulation, only the outgoing call details can be provided and for incoming call details, I will need to get a court order. Please can you help me with this as to which court form needs to be filled and what fees should be paid? Thanks

Hello Friends, I am coming back on this. While the FCA has confirmed to me that HSBC must have to keep records for three years, I think it can be a bit harder for me to go to court and prove it all out. I am waiting in the hope that the rates come down reasonably cheaper by end of my 2-year period and I may shun this. There is this other thing during the advice that happened. The advisor did not give me any advice that he should have. Please read through this and you can understand the point I am making. What I request is to help me frame the text so that it has maximum impact. Mortgage advisor name = Gary At around 30 minutes into the advice meeting, Gary mentioned that I was close to the 70% ( 71.5% ) tranche and thus could get a better rate.I appreciate that Gary mentioned the 70% target was close but he made no attempt to figure out how much I would need to shell out to get into the 70% tranche and left it for me to work out myself. Gary neglected his duty of care towards customers at this stage. Gary was well-equipped with all the knowledge and experience and software at his disposal and still made no attempt to work out the numbers and instead just skimmed over quickly at this point. Gary compromised the interest of the customer. I had told him what my monthly payment towards the principal was so he could have worked out by the end of Nov-2021, how much I would be falling short of for the 70% tranche. My friends and other advisors looked into this and believe it would be close to about £800.00, which is a paltry amount. Gary should have worked out this number and proposed it to me. Gary was well-equipped with all the tools and software and still made no attempt to work out these numbers. Better still, my friends and advisors say that Gary should have suggested that if I move my start date further in the future by a month or two, I would naturally fall in the 70% tranche and thus reduce the early exit fee to Barclays as well. In fact, since he knew that the rate was going to be locked for six months, it was possible for me to avoid all of the early termination fees to Barclays and comfortably be in the 70% tranche as well. I signed the mortgage offer on the basis that the advice given by Gary [edited - HB] was the best in my interest. Why would I spend an hour and a half with the advisor, if I had the ability and confidence to work out the best mortgage for myself?

I do not have their response letter left, I will have to look up my mailbox. It was a few months back. The complaint was logged over the phone and there was no letter as such from my side in writing. They just said that there is no evidence to prove my point about unrecorded talks. I can re-raise this now that I have the evidence that the talk did take place. But I am sure they will turn it down as they know the ombudsman will favour them eventually. That's why I want to take the matter to court.

Hello Ethel & Others, Many Thanks for the reply. Yes, I have complained to HSBC and as expected they did not uphold it. From my own experience and feedback from the public, Trustpilot reviews etc, I think FOS sides with banks and insurance companies. And if the ombudsman gave a judgement in HSBC's favour, then HSBC can use that judgement to bolster their case in court argument. With FOS, I will not be able to argue. FOS are not bound to details as to how they came to a certain decision. So please let me know if my thoughts above are misplaced.

See claim-wise, I would ask for my mortgage tenor to be made 5 years, as per what I mentioned in the main recorded advise session.

Thanks, Ethel Street and DX Team for the answers. I will go to a court hearing if that makes my case better. But in that case, will I be better off with a solicitor to argue my case? Will I be provided with questions from the defence ( HSBC) before the hearing?

Please excuse me if this comes as clumsy question? But I have never seen a court and it is one of the things that I need to know.

Will this case be litigation or on basis of paperwork?

Site team, Thanks for responding but what I mean is that I need to present my argument by referring sections in FCA handbook. Just on a side note, are the directions in FCA handbook legally enforceable? Please advise on this. Also, would the judge himself be knowledgeable on the matter? In case I am not able to express all the law points in my favour, would the judge know what the legislation holds for me?

I have lost faith and feel gloomy as to what I can do for justice. Fighting back HSBC in court can be so daunting. Lawyers ask for a hell lot of money to take on the case itself, even to examine it. Tell me please, Is it okay for me to fight myself in court? And wouldn't the judge think that HSBC's lawyer is correct as he is a lawyer? How can I put my case in court without mentioning exact rules and regulation numbers/sections? It is quite natural, to me, that mortgage advisors must have to record or take notes. For a loan running in £500.00K, the advisor has a responsibility and I am sure is legally bound as well. It's just a matter for me to refer to the correction sections in my claim. Possibly lawyers would know. But if someone here could help me with this it will be so helpful.

They did not take me to a new link though. They said that it will be for me to read the FCA handbooks. About the MCOB link that I mentioned above, she said that the link/page is valid as of today, unlike the other one, but refused to interpret the text/sections for me.

I called FCA today and they said that the above link is obsolete and has been superseded

It was an HSBC employee and the mobile call was indeed unrecorded. I have raised this as an issue to HSBC in a complaint but at that time, I had no evidence that such unrecorded calls even took place, let alone refer to their contents. There are no notes either anywhere about those unrecorded calls. So far, the progress I have made is to get the HSBC advisor to admit, on a recorded line, that he discussed interest-only mortgage repayment vehicles on mobile. I have obtained this latest call recording from HSBC and have it kept safe with me now. His overall advice was that my application is less likely to succeed and so I had to let my application be Capital-payment, which was already approved by then. I had requested HSBC to let me make a separate application but they said the current approved application will need to be withdrawn. I had always wanted a 5-year mortgage ( as I mentioned in my main recorded advise call ) instead of the 2-year that was already approved. So the loss to me is that I could not lock rates for five years.

Hello Site Team, Many Thanks for the reply. The link you gave says that phone calls must be recorded, except for internal or back-office communications. A more appropriate link I found that is more relevant o mortgage advise is this MCOB 4.7A Advised sales - FCA Handbook WWW.HANDBOOK.FCA.ORG.UK which says, in the last paragraph that the record of mortgage advice must be kept for three years. Yes, the advisor was indeed a bank employee and was advising on HSBC products only. I did not record the mobile call myself, but the advisor admitted in other recorded calls that he made calls using his mobile and the topics discussed. It actually was a real loss to me and I request learned people here to help me with this.

Hello, After the initial main advice session, my HSBC bank mortgage advisor had lengthy discussions about repayment vehicles for an interest-only mortgage, which was what I always wanted but the advisor did not, despite being fully eligible for the product. All this discussion about repayment vehicle, he did over his mobile, which was an unrecorded line. I was always fully eligible and had enough repayment vehicles to get interest-only or part-interest-only mortgages. Can a mortgage advisor discuss an unrecorded line? Is it legally correct for him to have discussed on an unrecorded line?

Hello All, Just FYI, P2G offered me £75.00 _+ postage. I did not go the court as I thought it was not worth the time for claiming the remaining £90.00. Anyway, the advice here was quite instrumental in getting P2G to increase their offer from £50.00 to £75.00.