Can we claim back charges?

[johnnymitch]

Griffin House is the Data Protection Section which should deal with your SAR , scatz........ but Canada Square should forward it on ........ did you send it 'Recorded Delivery'? If so , someone will have signed for it -and they should forward it on , because it's traceable to their dept if they don't .

 

If it wasn't RD then wait a reasonable time-scale and send another to Griffin House ..........

[scatz1972]

Got a letter this morning saying they will send the information by courier. However it also says

 

"This office only deals with the Data Protection for HSBC Bank Plc, you will need to make a seperate reuest to the following Data Controller for the provision of personal information re your payment protection insurance.

 

HSBC General Insurance Services (UK) Ltd

120 Redcliff Quay

Redcliff Street

Bristol

 

My sar requested everything, I sent my original request to Canada house, and in reply to a letter I recieved I sent my LBA to Griffin House....

 

Do I have to send another SAR? this is ridiculous!

[Castlebest]

I would be inclined to ask them for proof you gave them permission to share your data with a separate company because you don't recall giving this permission and you consider their actions to be a fundamental breach of the Data Protection Act

 

Two can play at silly buggers

 

pete

[scatz1972]

I would be inclined to ask them for proof you gave them permission to share your data with a separate company because you don't recall giving this permission and you consider their actions to be a fundamental breach of the Data Protection Act

 

Two can play at silly buggers

 

pete

 

hi Pete

 

 

Does that mean that I have to send a second SAR and another £10

[Castlebest]

If HSBC General Insurance Services (UK) Ltd are a seperate company with a different data controler yes you do but it does beg the question how your details were given to a seperate company, this would need your permission.

 

I would think if this is the case there is a clause in the insurance application document that allows HSBC to share your information but its worth the question.

 

I would also say I am supprised this subsiduary of HSBC has a seperate data controler as DG Solicitors and Metropolitan collections use the same one

 

pete

[johnnymitch]

Hi Pete and scatz

 

Just a thought , but surely if scatz took PPI out with HSBC, then it is whoever it was taken out with who is responsible for supplying the Subject Access Request Data.

 

The fact that it is administered by a separate branch of the company, or even another company is nothing to do with scatz.....

 

Just as , if you buy something from a shop and it goes wrong - you deal with the shop ...... not the manufacturer, or a third party........ (Sale of Goods Act)

[Castlebest]

yes but this is the Data Protection Act and specifically getting information out of HSBC.

 

HSBC being scatz's "trusted fiduciary" agent have the right to hold personal information concerning scatz... the Data Protection Act says they have to ask scatz's permission to pass this to another company.

 

Now they are saying they cant supply details of the PPI because its a separate company i.e. another SAR and £10 to the second company... I think its worth while finding out how this second company got these details .

 

pete

[scatz1972]

Thanks for the replies

 

I will send the second Subject Access Request then...although I do feel as though they are taking the P

 

and I will most definately send a letter asking when OH gave his permission for HSBC to share his details with an outside company.

[scatz1972]

Sorry for the slow update, but I had some other things going on and kinda got distracted. Anyhow.....we got the contents of OH SAR request, had to collect it from the local branch.

 

Some of the statements go back further than the 6 years that they coughed up with our initial SAR...so can we claim back more than the 6 years??. If we could then this would go along way to settling OH managed loan that MCS currently hold.

 

If we cant claim back more than 6 years, then when does the 6 years run from, is it our inital letter asking for our money back or is it when you file at court, if its when you file at court then the claim will just be for a few hundred pounds.

[Audreygreeneyes]

iti s my understanding that is is from now . ie 30 jan 2009 they will go back 6 years... am not sure if they drop of week by week or month by month. just checked mine on line and they go back to feb 03..

 

and you have struck gold the fact they have given you statements beyond 6 years..... is this hsbc?

[scatz1972]

Yes its HSBC and the statements go back to 26/07/2001...there was loads of charges its so annoying that we cant claim them.

 

OH had a nasty managed loan with HSBC when he defaulted on and it got passed to MCS, he has been paying this loan back at £50pm for ages but its balance is still high. The default drops of his credit report early this year...we are just scared that they will pass the debt to another DCA who will go for a CCJ.

[scatz1972]

Bump bump

 

I have been informed that due to the waiver (stay period) claims can back 6 years from the 27th July 2007...so Im sending a new soc off to HSBC as it amounts to nearly half what is owed on the managed loan.

 

Am I correct in thinking that in the meantime HSBC or rather Metropolitan cant sell the debt to another company, as there is a dispute in place?

[Mr lex]

Bump bump

 

I have been informed that due to the waiver (stay period) claims can back 6 years from the 27th July 2007...so Im sending a new soc off to HSBC as it amounts to nearly half what is owed on the managed loan.

 

Good, well done !

 

Am I correct in thinking that in the meantime HSBC or rather Metropolitan cant sell the debt to another company, as there is a dispute in place?

 

Well, their not supposed too, but it has happened. If it does, it us know and we can challange it.

 

Lex