HSBC Current Account Default

[pt2537]

Hey Hopeful1

 

sorry but ive been busy, i will have a look through the thread tomorrow if thats ok and see what i can offer in the way of advice

 

regards

paul

[pt2537]

well firstly they are talking nonsense with regards to the Default notice and only keeping it for 2 years.

 

never heard so much nonsense. they have to retain the documents under money laundering regs for starters

 

also they have to retain it should they wish to take legal action to recover funds under a regulated agreement

 

i wouldnt withhold payment yet,

 

can i confirm if i am reading this correct.

 

you had a loan, they lumped it into your current account to avoid regulation under the CCA ? is that about the size of it

[pt2537]

well quite simply they CANNOT DO THIS,

 

they should supply you with the details for the Loan and also should supply you with the details of the overdraft

 

 

talk about trying to pull the wool over your eyes

 

any default must be accurate, now if the default was a mixture of both then its not accurate,

 

i think your refering to the money laundering regulations relating to document retention

Home - Statute Law Database if you type in money laundering on that website it will take you to the regs

 

regards

paul

[pt2537]

ok bear with me and i will dig out the DPA and refresh my memory on it

[pt2537]

SCHEDULE 2

 

CONDITIONS RELEVANT FOR PURPOSES OF THE FIRST PRINCIPLE: PROCESSING OF ANY PERSONAL DATA

Section 4(3)

1

The data subject has given his consent to the processing.

2

The processing is necessary--

(a) for the performance of a contract to which the data subject is a party, or

(b) for the taking of steps at the request of the data subject with a view to entering into a contract.

3

The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an

obligation imposed by contract.

4

The processing is necessary in order to protect the vital interests of the data subject.

5

The processing is necessary--

(a) for the administration of justice,

[(aa) for the exercise of any functions of either House of Parliament,]

(b) for the exercise of any functions conferred on any person by or under any enactment,

© for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or

(d) for the exercise of any other functions of a public nature exercised in the public interest by any person.

 

6

(1) The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third

party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by

reason of prejudice to the rights and freedoms or legitimate interests of the data subject.

 

(2) The [secretary of State] may by order specify particular circumstances in which this condition is, or is not, to be

taken to be satisfied.

 

there we go

[pt2537]

if a click of a button were to be persuasive as to consent, they would need to show you gave consent.

 

with a credit agreement it would be the signing of the documetn that would be considered consent

 

however that said, to be concrete it would normally have within the signed document a section confirming that by signing it you consent to your data being shared

 

 

dont lose sight of the fact that the data must also be accurate that tehy share