Hfc ppi....***Refunded & settled***

[bigphil61]

Thanks Guys, I have a good idea what to expect now!

 

BP

[bigphil61]

Hi All,

 

I have just received an 'Acknowldgement of Service' from HFC's solicitors and note that they intend to defend all of the claim!

 

I understand that in real terms this gives them another 14 days before they have to supply their defence

and that a SJ would seek to get a judgement quicker from the Courts on the premise that HFC are unlikley to be able to defend against my breech of the DPA s7 s15 (2) claim.

 

Any thoughts or ideas on how to proceed would be appreciated?

 

BP

[bigphil61]

HFCEsc-Defence+POC.pdf

 

HFCEscSAR1.pdf

 

Hi All,

 

I could do with a little guidance and advice please? My problem is I'm not sure how to go about showing the Court that this defence is not valid! I have attached copies of HFC's defence & my POC along with a copy of my first SAR!

 

BP

Edited August 9, 2012 by ims21

[ims21]

Hi BP

 

I'll flag this for the team so that the legal guys can drop in for you

[havinastella]

I can only open the SAR request

[ims21]

Here you go

 

DefenceandPOC.pdf

 

 

EDIT: And thread tidied

[bigphil61]

HFCEsc2-Defence.pdf

 

Hi Havinastella,

 

Can you see the Defence pdf now? POC to follow!

 

BP

[bigphil61]

Hi All,

 

I was busy trying to reduce the pdf, just noticed Ims has tidied up for me! Thanks Ims!

 

BP

[ims21]

No worries

[havinastella]

Right, having a quick look through the thread, what date did you finish paying the first loan (This is the one you are sueing about I take it)?

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**

 

FUAFB issued a claim against LTSB for non compliance of SAR - they decided to defend and eventually Summary Judgment and costs were awarded in favour of FUAFB.

[bigphil61]

Hi Havinastella,

 

Yes I want them to comply with the DPA for the first & second loan! The first loan was finished around November 2003, this was then refinanced with loan 2 which finished around August 2004 and then this was refinanced by the 3rd loan and this was refinanced by the 4th loan! Its the 3rd and 4th loans which they have given data for so far!

 

BP

[bigphil61]

Thanks for the thread Citizen B!

 

BP

[bigphil61]

Hi Havinastella,

 

Just to add the 2nd loan is shown on the 3rd loan agreement as being refinanced by the 3rd loan!

 

BP

[havinastella]

Hmmm, so do we have any idea (or case law) as to whether once a loan has been consolidated the old 'loan' is still live or is it dead?

 

I hope you have an ace up your sleeve

[bigphil61]

Hi Havinastella,

 

Nope, no aces! So I have no real chance of getting my data then?

 

BP

[havinastella]

Hi Havinastella,

 

Nope, no aces! So I have no real chance of getting my data then?

 

BP

 

I'm looking all over to try to find out about consolidation but can't find anything that states the old loan should remain live. IMHO they will have this infomation, but they can hide behind the statue of limitations and unless you had something from them that would support this AND they really arn't stupid enough to supply you with this now, NO, I can't see you getting that infomation.

 

I'm just sorry I didn't pick up on this thread earlier and I would have checked all this with you.

 

I'll keep looking and try to find something.

 

Jogs

[bigphil61]

Hi Havinastella,

 

Thanks for taking a look at this for me, I'm really grateful! I'm off to sleep now, I will have a look through my files to see if I have anything that might help tomorrow, nite nite!

 

BP

[citizenB]

Sorry, post was based on information that wasnt correct

[citizenB]

FUAFB issued the claim in respect of total non compliance of SAR - the information turned up on the Friday prior to the hearing on the Monday, so the hearing went ahead. As they only provided 6 years worth of information, the court were asked to order a statement that NO further information was available. This was to protect FUAFB in the event that LTSB at a later date might "discover" further data.

 

I think a totally different scenario to your situation.

 

HFC are I think part of HSBC arent they and HSBC did keep their data for a lot longer than 6 years after closure.

[bigphil61]

Hi CitizenB,

I did have a look at the thread and like you have since found, its not the same situation!

 

I also looked at Shelley181146's thread which is close but not the same!

 

I know HFC (HSBC) keep data longer than the 6 year industry standard fob off, but its proving it thats difficult!

 

I have however been looking at the ICO's guide to the DPA this morning and it states that the ICO has made an agreement with Credit Reference Agencies to keep data for 6 years,

 

it does not state or imply that this agreement applies to any other organisations!

 

It also states that data in any format should be supplied to the data subject if the data exsists on relevent systems and is applied for in the correct manner!

 

I have asked HFC on four seperate occasions if they have deleted my data (almost similar to FB's)

and in each response they state they do not need to keep data longer than 6 years?

 

I will keep looking as I'm not sure what if any case law can be used as a reference in my case!

 

Thanks for looking into this for me! BP

Edited August 10, 2012 by bigphil61

[citizenB]

Hi CitizenB, I did have a look at the thread and like you have since found, its not the same situation! I also looked at Shelley181146's thread which is close but not the same! I know HFC (HSBC) keep data longer than the 6 year industry standard fob off, but its proving it thats difficult! I have however been looking at the ICO's guide to the DPA this morning and it states that the ICO has made an agreement with Credit Reference Agencies to keep data for 6 years, it does not state or imply that this agreement applies to any other organisations! It also states that data in any format should be supplied to the data subject if the data exsists on relevent systems and is applied for in the correct manner! I have asked HFC on four seperate occasions if they have deleted my data (almost similar to FB's) and in each response they state they do not need to keep data longer than 6 years? I will keep looking as I'm not sure what if any case law can be used as a reference in my case! Thanks for looking into this for me! BP

 

That is not the answer to your question though is it. If they have the data on another system, then they are obliged to provide it or state that it has indeed been destroyed.

 

The information below was provided by 42man - dont know if that will help

If he is attempting to get info over 6 years

old then he has a problem IMO....the only thing here is that if they don't hold any more information on him then they need to tell him that. (as per Welsh Ministers vs Ezsias)

 

 

 

 

[bigphil61]

Hi CitizenB, Thanks for sticking with this, the info from 42man could be useful, I shall read up on the case and see if it applies! BP

[bigphil61]

Hi CitizenB,

 

I have read up on Ezsias v Welsh Ministers and I think the precedent set that could be applicable to my case is that 'Personal Data' is all data related to the Data Subject!

 

I also found myself reading the FSA Handbook over the weekend and found this:

COBS 8.1.4 01/11/2007

 

(1) A firm must establish a record that includes the document or documents agreed between it and a client which set out the rights and obligations of the parties,

and the other terms on which it will provide services to the client.

 

(2) The record must be maintained for at least whichever is the longer of

a) 5 years; or

(b) the duration of the relationship with the client;

 

Do you think this might be applicable to my case, and in particular (b)? BP

[bigphil61]

Anyone?