Non-compliance on SAR by HFC on old current account plus

[madison10]

I have SAR HFC and they have twice returned my £10 postal order saying they have closed the account 6years ago. I have also informed the ICO. I have done 2 LBA but still have not got compliance by HFC. What is the County Court process please.

[citizenB]

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

 

So are they saying they have destroyed your data because the account was closed 6 years ago ?

 

What did the ICO have to say ?

[citizenB]

What is the purpose of the SAR ? PPI claim, if so and you have an account number or copy of the agreement - send in the request anyway.

[madison10]

Citizen B,

the purpose of the SAR is PPI and I have the payment deductions on my Bank statements. They were taking about £11 pounds monthly as PPI on the loan for about 2yrs. (2000-2002) do you think I should just do the SOC with the FOS questionaire and send it to HFC then?.

[madison10]

The ICO is yet to assign the case to a worker yet since middle August.I have even sent the copy of the last reply I got yesterday to ICO via e-mail today.

[citizenB]

If you have all the bank statements and the account number most certainly, do the spreadsheet and send to HFC. Sit tight for a little while, I will alert someone on the site team for you.

[dx100uk]

not the infamous current account plus was it?

 

dx

[citizenB]

Hi, have been advised yes, send in the spreadsheet and FOS claim form to HFC - do you know which spread sheet to use ?

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

You should find all you need in the link above.

[havinastella]

You need to be very careful throwing LBA's around, especially if you don't follow them through. Luckily for you in this instance that you didn't.

 

If there has been a 6 year gap between you and HFC conducting business, then they (although most likely to have your details) can claim that they have destroyed your details and there is nothing you can really do to prove otherwise.

 

Should you have made a payment to them within six years or still use the account you want to claim on, then you should be able to Issue Court papers.

 

Jogs

[madison10]

@Dx, yes its the Personal loan Plus Account.@ Citizen B, I have the statement on my BB account where the payment was drawn from.

 

@ havingastella,whatever they have done with the account should be produced as the SAR request stated.

 

i will paraphrase what the content of their letter to me says.

 

" We write further to your letter dated 20 august 2012,the contents of which we note.

Our position remains unchanged from our letter dated 15th august 2012

We confirm the above account has been closed over 6years.

HFC bank retains account information and documentation for a period of six years after an account has been closed. this is done to ensure HFC Bank complies with certain laws and regulations,including The Data Protection Act and The Proceeds of Crime Act.

They have not explained wat they have done with the account and completely ignored the SAR.

[dx100uk]

i 've had one upheld and one refused by the FOS exactly the same scenarios - figure that out

 

the only diff was the age.

 

if you read around on the hfc threads

you'll see that in the late 90's / early 00's HFC hired

every shredder van they could to distroy everything they could

 

when the PPI scandal was breaking and authorities were beginning to sniff around.

 

even some some not reached 6yrs.

 

what is your reason for mis-selling

 

if its cast iron, then you might be ok

 

dx

[madison10]

@DX,

 

To the best of my knowledge I did not ask for PPI to be added to the Loan.If they have shredded all the paperwork where would they get the agreement from? How can they dispute the figure that would be calculated if they have no trace of my account with them. Can the FOS compell them to pay the figure that is calculated. Please share your experience with us on this cos I dont want to engage in a wild goose chase. Waiting to hear from you.

[madison10]

In actual fact I have a paperwork of something I purchased from Dixons thru HFC and the added PPI on it without my consent. I am not even asking them about that!! I will put that document up soon.

[dx100uk]

@DX,

 

To the best of my knowledge I did not ask for PPI to be added to the Loan.If they have shredded all the paperwork where would they get the agreement from? How can they dispute the figure that would be calculated if they have no trace of my account with them. Can the FOS compell them to pay the figure that is calculated. Please share your experience with us on this cos I dont want to engage in a wild goose chase. Waiting to hear from you.

 

they will still hold basic info on an accounting system, but have prob shredded the paperwork

did you have company statutory sick pay [6mts full 6mts half]? that might work.

 

you need a better reason thsn you think it was missold.

 

 

i'd put a claim in , see what happens

 

dx

[Old Cogger]

HFC (HSBC) will state they do not need to keep information under regulation permitting their destruction under certain paras, but if you have statements showing list on the spreadsheet incl dates and submit that, might send copy to Julian Howells @ HFC he is contact member of staff for the ICO.

[madison10]

@DX,

 

PPI was automatically added to the Loan without my consent being sought.

 

I have Company statutory sick pay of 6 months full pay 6 months half pay.

I have not put in a PPi mis-sold case to HFC yet cos I wanted to see the amount being deducted as PPI

from the £54 pounds monthly payment that they were collecting from me as I do not have those paperwork any more save 1 or 2 from them.

 

I do have my bank statements reflecting the deductions from the time

the 1st direct debit was drawn until it was paid off.

 

What I intend doing is to use an average amount as monthly PPI payment to do the calculation before sending it off to FOS

as HFC has consistently stated that the account has been closed over 6yrs.

 

Do you think I should put a claim to HFC on PPI then or should just take it to FOS straight even thou I have reported HFC to the ICO .

 

@Mike770,

I have copies of my Bank statements showing the payments to HFC on the Loan Account in question and I can highlight them.

 

Do you have the contact details for this Juan Howells at HFC?

and do you think I should contact HFC for the PPI first before going to the FOS?.

 

My reason for asking is because they have refuised to comply with my SAR request.

 

So they can turn round that they have no record of that account and therefore they cant deal with it.

 

Your advise please all Caggers!!.

 

Thanks.

[dx100uk]

ok you have two claims now.

 

1st current account plus

 

you'll have something like a regular payment on your bank statements each month

thats the PPI coimg out

 

tot those up on the foscisheet

with the fos cq [already had works cover]

and

covering letter

 

fire those of to hfc

 

Dixons purchase

 

you say you've got the agreement

 

post it up

 

this one should be easy as you have the agreement

job done they'll cough up

[madison10]

Hello everyone.

 

I have sent HFC the SOC for the PPI via RD. I cant attach the second Dixon purchase agreement to this thread here. I will do it on my MBNA thread.

Awaiting any further comments please.