HSBC playing hard ball

[Pisces01]

I had a loan from HSBC/HFC in 2001.

When I applied for PPI to be returned to me I was informed “we have done a "reasonable" search, but cannot locate the document” - in other words tough luck!

I set about looking through my own documents and found the date I had the loan, how much it was for, monthly payments, and end of the loan.

 

Could somebody please help me to work out how much I should be asking back for PPI/interest given the figures below?

 

Here are the details:

 

• Amount borrowed £1,265.43
  

• Interest 29.3%)
  

• Monthly payments £63.76
  

• Loan start date February 2001, over 36 months (I hold bank statements of payments made)
  

• Loan ended 16 August 2004 with a final payment of £820.19 (Bank Statements held)
  

I requested refund in June 2010; the 6 year period did not expire until 16 August 2010

 

So the situation is, I still have not received the document I requested and am entitled to by law.

 

I then wrote to them again and said:

 

If you do not hold Data for a period longer than 6 years I would also request confirmation of this in writing along with your methods used for disposal of such information to comply with the Data Protection Act, stating the name and contact information of your registered Data Controller and Code Compliance Officer.

 

Needless to say they did not reply and it is now over a year since my request, any ideas what my next move should be as regards ignoring my request of document, initially they only had (40) days to produce it.?

Any help is gratefully received

 

Many Thanks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited September 21, 2011 by Pisces01

[rebel11]

Thread moved to the correct forum.

[ims21]

Hi

 

On the ducuments you have about the amount of loan, interest rate etc. does it mention the amount of the ppi premium added?

 

ims

[Pisces01]

No, HSBC will not divulge that information to me. I asked them to work it out as it is their business and it would be a simple task for them to sort out, but they are sticking with "unable to locate douments".

 

I collected my own info from past letters, best I can come up with, but all the information is there, so I am thinking if I could provide them with an amount to refund me, they could either accept that or arrive at their own sum.

 

There was definately PPI added as I had 2 loans (both with PPI) but cannot find the credit agreement, so asked them for it and now they are stonewalling.

 

Funny, they came up with a date my loan ended. How could they state a date without the document.

My guess is, they wont admit they have it now cos they dont want to return whats owing to me.

 

At the very least I should be able to sue them for not producing the document within the legal time frame, is this correct?

 

“Failure to comply with a disclosure request under the data protection act is an offence.”

 

 

Thanks

Edited September 21, 2011 by Pisces01

[ims21]

Hi

 

Without knowing what the premium was then it won't be possible to work out the figures.

 

When you requested information from them did you send a Subject Access Request and the appropriate fee of £10 or did you send a CCA request and the appropriate fee of £1?

 

ims

[Pisces01]

Hi

 

Yes, I did that (SAR)and they returned my postal order twice.

 

I accept that you are unable to work out how much refund I should have, but given the information I have provided HSBC they should be able to work it out, would you agree?

[ims21]

Hi

 

If they have the documentation of course they can. And if they have the docs they should of course have supplied them to you followign your SAR.

 

I think you have three courses of action open to you...

 

1 Pass the whole ppi claim thing over to fos deal with.

 

2 Push HSBC further by writing a formal complaint and going through their complaints procedure, copying in the CEO.

 

3 Prepare to sue them for non compliance under the Data Protection Act but there is no guarantee of success as if they don't have the docs then they don't have them.

 

ims

[Pisces01]

ok thanks, think I shall go for the latter and force them to provide the document in a court of law as they have given me a date, they could not do that without having documents to hand.

 

Many Thanks