The phonecall no doubt would have been recorded, how ever if u ask for the transcript of it, it will have not been..... cough Mysteriousssss

If its been more than 21 days, send the companies a 7 day letter before action, advising them of their non-compliance of the S.10 notice and telling them they have 7 days in which to comply with the notice or you will seek a judgement via the courts to force them to comply with it. I sent an S.10 Notice to a DCA, they replied with random letters, after 21 days was up i sent them a LBA, they replied with a random letter so in the end i called them and spoke to a litigation supervisor who said hed put all the paperwork through to the corect people (Half the time the letters go to customer services who just think 'wtf?' and probably bin them) And a week later recieved a letter stating the default will be removed. So it does work in some cases! Good luck

Thats what im thinking (ive got to take HSBC to court within the next 14 days) If mine gets to a similar situation, how do you then FORCE removal of the default, would the judge not do it as part of the strike out? I dont know either lol :>

:o What will happen now? They will be forced to comply with everything you have asked for? Clint

According to what they said, they were not obliged to send me a default notice prior to defaulting me. They are required only to send a letter asking for repayment..... Im sure that is not right. Im still awaiting their final response and one can only wonder what will be within it, but they have ignored my request for my account opening documents and just fobbed me off, is there any angle i can force the reciept of these? So i can prove that there is no clause in the contract to allow them to process my CRA information after the contract has ended? Im wondering if they even have my account opening documents seeing as their ignoring me.... Cheers Clint

Whilst i await HSBC's response, Because this default was for an overdraft, apparently they do not need to issue me with a default notice, does anyone know if this is actually true? (As technically its not fixed-sum credit, i think?) Therefor that means i cannot do a CCA request? Does my head in all this waiting around for HSBC to stop dragging their arses :/ Ill wait all this time and get back a reply similar to my first letter recieved from them i bet, full of rubbish with no legal backup! Grrr

lol nice :> i can only imagine what mine would be with this sodding marker removed, one can but hope ill be interested to hear their response, it will no doubt be drivel though!

"write back our final response" that should have read, sos

i have a reply.... it states "i confirm reciept of the background papers at this office and we are considering the merits of your complaint in order to write back to you, certainly within 30 days" its again from the customer relations team but this time someone else merits of the complaint. wtf?

Maybe she did fancy you! hah SB has said he has some case law, but his post is yet to be updated so that is a waiting game. If Egg have admitted they cannot find the default notice..... im sure there is post on the legalities board for that. Still in shock at the judge though, im due to take HSBC to court over the very same thing, if i got dismissed in such a way id be livid.

I will indeed, as its quite worrying really.

I have the same issue, its strange indeed. I have a joint account with the wife, First direct current account. On her credit file it shows all 0's (weve not been over our limit in years) On mine it shows 0002100000 So basically it looks like ive been over my agreed limit for 2 months in a row, when we havent, and why the discrepencies in mine & the wifes file for the same account? Very odd

What a crap result.... Surely under contract law its not acceptable that once a contract end's all the terms end... otherwise thats just daft, all of your rights to be able to bank with egg etc sure as hell ended!! Theirs should too! As for the S10 bit... well im shocked that the case was dismissed in such a way. Hope you appeal C

A baby boy, and his name is connor he slept with us last night because all the storms were scaring him!

And many congrats on ur clear file!! With this HSBC one removed i too will have a clear file too, heres hoping!

Well, no 'Final response' from HSBC yet. Been a bit side tracked with the birth of my first child @ 3:20am on friday! Baby boy 7lb called Connor To anyone interested heres a link to a picture of him: http://s.sk-gaming.com/img/member/526403/264703.jpg Rosie, in regards to the group data office, i will not need to serve them another s.10 notice will i.... Regards Clint

Ok will write letter tommorow + send it on its way, Many thanks Clint

Ok, have u got their address? should i include all correspondance to date or simply a new letter? their customer services dept. seem very .... stubborn, and ignorant (possibly on purpose). Should i offer the group data protection office a 7 day LBA? Cheers Clint

Good luck, seems a sound letter.

Unfortunatly ive been dealing with their cutomer service, who seem to be content to say 'sod off, were just going to ignore you'. By final response, that means HSBC will no longer reply to my letters i presume? It looks as if i will need to initiate proceedings shortly, as im not aware of what the ICO can do for me, and as you say, they move at a pace much like a snail. Is there a way i can FORCE them to supply me with my original agreements? As i know there is no clause in there giving them the right then this would be handy to ue against them. I would need time to draft some PoC's for this too, and also i will await surlybonds update to his template & his new letter for 'difficult' cases. Believe me HSBC, in their ignorance, have put me in such a mood as to string them up by their b£$"! if i can When i recieve their 'final response' i will of course post it for dissection. Many thanks for your help Clint

HSBC letter recieved this morning, ignoring my request for my account opening documents (and ignoring everything else...) with the following: Dear Me I have today recieved your letter dated 19th february. I am sorry that you once gain have had to contact us regarding this matter. It is clear from your correspondance that you remain dissatisfied with the banks response. I am there for arranging for the banks final response to be issued to you from customer services department, which will enable you to refer your complaint to the ombudsman should you wish to do so. I am sorry it has not been possible to resolve this matter to your satisfaction and thank you for your patience. Mr HSBC Rep Why do they keep ignoring my letters issues? Am i seriously to belive that i have exhausted their complaints department by sending 2 letters? My last letter was addressed to the cutomer relation mnager as well... They seem so insistent on dodging my points it makes me wonder what it is their trying to hide...

HSBC letter recieved this morning, ignoring my request for my account opening documents with the following: Dear Me I have today recieved your letter dated 19th february. I am sorry that you once gain have had to contact us regarding this matter. It is clear from your correspondance that you remain dissatisfied with the banks response. I am there for arranging for the banks final response to be issued to you from customer services department, which will enable you to refer your complaint to the ombudsman should you wish to do so. I am sorry it has not been possible to resolve this matter to your satisfaction and thank you for your patience. Mr HSBC Rep ---------- Ok now im a tad angry. I sent them a letter asking for my signed agreement indicating the terms & cond's allowing them to process my dat after the contract has ended. Amongst other things.... and they just reply to me with this? What are they playing at?

I opened the student bank account in 2002 (maybe 2003... no mustve been 2002) when i started my HND. So its about 4-5 years old (i know they tend to delete stuff after 6 years). Even if they provide the agreement, there wont be a clause which allows them to process my data after the contract has ended im sure, but i will await their response! Many thanks

Its about 3rd/4th in the list, titled 'Abbey Default Removal' Clint

Nice down that way! I could do with a break! Basically i recieved a 'sod off' letter, to the tune of: Dear Thank you for your letter dated 17th January 2007, regarding your account. I am sorry that you are unhappy with our previous response. The facility in question was an overdraft. Unlike loans the process of demanding repayment of an overdraft does not require a notice of default and our records show that a letter demanding repayment of the overdraft was sent to you on the 7th january 2005. You have made formal request under section 10 of the data protection act 1998 (DPA9 that HSBC ceases and/or does not begin to process personal data that is likely to cause damage or distress. I regret that having sought guidance from its legal advisers, HSBC is unable to comply with your request and is satisfied tht the processing of personal data by HSBC and the credit reference agencies complies fully with the requirements of the DPA98. The reasons are set out below: The fact that HSBC along with all otherd leading lenders shares customer data with credit reference agencies is clearly stated in application forms and terms and conditions. A copy of the current terms and conditions and a more detailed explanation of the use made within the financial services industry of credit reference agency data entitled "Credit Scoring what is it?" is enclosed. Similar terms would have applied at the time you held your account with HSBC and acceptance of these terms would have been a pre-condition for opening your account. The sharing of information about customer defaults between lenders via credit reference agencies is a legitimate process subject to strict rules which ensure compliance with the DPA98 and other legal and regulatory requirements. The sharing of such data to ensure that excessive credit is not made available to those already in financil difficulties and/or have previously demonstrated their inability to manage credit is both commercially prudent for lenders and actively encouraged by the government which is keen to avoid consumer over indebtness. Personal credit histories will be held by the credit reference agencies for up to 6 years in the case of defaults which enables lenders to obtain a long term view of prospective borrowers records. Any application to a bank or other lender for credit is likely to be subject to a credit reference agency search and the potential lender will expect to see your full credit history which will include any defaults in the last 6 years. By your own admission, your management of your HSBC account was naive and unacceptable and led to HSBC making demand for repayment which you did not satisfy within the 28 days required. This forms part of your credit history and is something that other potential lenders may wish to take into consideration when decideding whether and on what terms to lend to you. The fact that you subsequently repaid the debt is reflected on the credit reference agency records and is likely to reduce the negative impact of the default. As indicated previously HSBC, his (yes it says his) precluded by both the rules governing the sharing of data via credit reference agencies )And the DPA98 itself) from seeking to amend the record of your default to create an innaccurate credit history which would mislead other potential lenders. I am advised that the sharing of data between HSBC and other lenders via the CRA's and the relevant retention periods comply fully with Principles 3, 4 and 5 of the DPA98. Your other comments regarding the DPA98 are noted however, i am informed they are not relevant to this issue. (NOTE - Regards to automated processing i think) Thank you once again for taking the time to bring your concerns to the banks attention, i trust that this matter can now be considered concluded. If how ever you are still not satisfied the next step is outlined in our complaints leaflet given to you previously with our letter dated 15th January. Yours Sincerly (Signed letter from same person as before) So i replied with this on monday: Dear Mr HSBC Rep, Thank you for your letter dated 2ndth February 2007, I am saddened and disappointed that the reply received from you states that you will not comply with my statutory request. I must wonder, how ever, if my letter has been read properly and fully, as many of my points raised were ignored and not responded to. The bulk of your reply consists of informing me of how credit scoring works, and an explanation that when applying for credit, a credit check will take place. I am fully aware of the procedures of credit checking and the involvement of credit reference agencies (CRA’s) in the processing of lending decisions. You also inform me that HSBC shares account information with the CRA’s in accordance to the terms and conditions of the account I held with you until 2003. I am fully aware that, during the time my account was open with yourselves, you would have informed the CRA’s about my account performance, however I must re-iterate that since the account closure and the contractual relationship ending, I have withdrawn my permission for you to process in relation too and communicate my data with the CRA’s. I am also aware that there is no statute, or legalobligation that gives HSBC the permission & right to retain and process my details in tandem with the CRA’s after the contractual relationship has ended, unless there is a term specified in the terms & conditions I signed up too. If you aware of any such legal obligation, you will refer me to the exact statute that gives you the right to communicate my data to the CRA’s after the contract has ended. The only legal right HSBC has to process & communicate my details to the CRA’s is that of a contractual agreement between HSBC and myself; to which I am requesting that you provide me with a signed copy of any contract that might give HSBC the right to process & communicate my data other than during its currency. To illustrate this point, a letter released on the 6th September 2006 from the consumer compliance executive of Experian contained: “As far as we are aware there is no specific piece of legislation that gives us the right to retain your information for 6 years from the date the account is settled” And: “This information would only be retained with your consent as per the terms and conditions of the particular account you held” As of my Statutory Request pursuant to S.10 of the DPA98, I continue to contest that the processing of my data is unwarranted, and until I am in receipt of the signed contractual agreement that gives HSBC indefinite permission to process & communicate my data to the CRA’s after the contract has ended, then I must still insist on the following, on the grounds that the notice is not un-justified. I require that (a) you cease to disclose any data to third parties not explicitly referred to under current statute, specifically including but not limited to, Equifax plc, Experian Ltd and Callcredit plc; and (b) instruct Equifax plc, Experian Ltd and Callcredit plc to remove all data pertaining to your records on me, to the extent that no data entry in relation to HSBC Bank plc will exist on my credit files. I trust this will clarify my intent. Please understand I am attempting to resolve this situation amicably, without recourse to litigation, but should you insist upon your current course I will have no option but to issue proceedings. I look forward to your reply and the documents requested. Yours Faithfully, Mr Clinton Mccutcheon (hope you dont mind i used some bits from your letter) So i now await a response from them regarding that letter. Of interest to me was the bit stating 'as it was an overdraft default, we dont have to serve you a default notice' seemed weird to me, i didnt think that was true. Thanks for letting me post, Clint