HFC - Lost Document?

[Pisces01]

Hi

 

Last year I applied for my PPI to be returned to me from HFC bank.

I applied well within the time frame of 6 years after expiry of loan.

 

HFC stated they lost my document, quoted me the old yarn "we've already be fined" and basically said, nothing we can do about it!

 

Does this mean I must now admit defeat or can I fight this?

 

Any help appreciated.

[dx100uk]

you've porb read my threads or posts

 

this is nothing unusual for HFC

 

they ran around shreading 100'000 of documents to cover their PPI fleecing of the 80's/90's and beyond

 

its against the prevention of fraud act to destroy stuff before 6yrs i think

 

dx

[MARTIN3030]

I think you should write to them and in no uncertain terms state that if they are not prepared to release the data,then you will take action in the Courts to force the disclosure.

[Pisces01]

Hi Both

 

Ha-ha, yes, am well up on your threads dx, you have helped me heaps in the past!

 

I did write to them and their response was, we have done a reasonable search and cannot locate the said document, in other words...bog off!

 

I asked the FOS about this when inquiring of another loan with HFC and FOS said, well, if they cannot find it, there is not much you can do, fat lot of help.

 

What next? Any suggestions.

[ims21]

Hi

 

Could you not SAR them and include the bit to the effect that if records have been destroyed you want copies of the logs stating destruction by whom, when and why?

 

ims

[Pisces01]

Great! Thanks ims21, shall include that in my letter too.

[dx100uk]

i would really love to see destruction logs

 

got 3 more i could hit them with if i could see those as i know they dont exist.

 

dx

[MARTIN3030]

Under the Dpa they are required to state if they have been lost destroyed or damaged,by who and when.

 

I am aware of a case in which they were put on notice that an application would be made for disclosure to the Court,in that situation it is likely they would have to sign a sworn statement of truth that despite a search nothing could be found.

Strangely they found quite quickly.

There is no way they would be prepared to go to Court and tell porkies.

[ims21]

I'm just working from the position of gaining as much evidence/information as possible.

 

Every little helps

 

ims

[Pisces01]

Cheers Martin, think court may be my only route.

 

dx, are you saying you have 3 more to hit them with, but won't on the assumption they do not exist...

Do they not exist because they lost them, like in my case?

[Pisces01]

Ha-ha, stick with it ims, your doing a grand job!

[MARTIN3030]

There was this famous snippet too-just to remind absent minded data controllers;

 

 

 

Non disclosure imprisonment threat against RBS Data Controller!

A Consumer Action Group User was today (21/11/06) granted a

county court

order in respect of the failure by the Royal

Bank of Scotland

to comply with his disclosure request under the Data Protection Act.

District judge Forrester, making the order commented that had the claimant been able to supply him with the name of the data controller

at the Royal Bank of Scotland that he would have added a threat of imprisonment for non-compliance.

 

The Royal Bank of Scotland now has until January 2007 to comply with the users Subject access request. The District Judge has indicated that if the Bank has not complied with the order by that time that he may make an order for imprisonment

[MARTIN3030]

I would send this to any Data Controller thinking they are above the law.

[ims21]

There was this famous snippet too-just to remind absent minded data controllers;

 

 

 

Non disclosure imprisonment threat against RBS Data Controller!

A Consumer Action Group User was today (21/11/06) granted a

county court

order in respect of the failure by the Royal

Bank of Scotland

to comply with his disclosure request under the Data Protection Act.

District judge Forrester, making the order commented that had the claimant been able to supply him with the name of the data controller

at the Royal Bank of Scotland that he would have added a threat of imprisonment for non-compliance.

 

The Royal Bank of Scotland now has until January 2007 to comply with the users Subject access request. The District Judge has indicated that if the Bank has not complied with the order by that time that he may make an order for imprisonment

 

Love it

[Pisces01]

Ha-ha, keep 'em coming Martin, that's a great one to keep!