HSBC & Capquest default removal

[ClintMccutcheon]

Ok mate, cheers.

 

C

[ClintMccutcheon]

Where can i read schedule 2 para's 1-4 by the way, i must be missing something but cant see them in the DPA section im looking at!

 

Sorry to sound a thickett if its staring me in the face

[ClintMccutcheon]

Nevermind, found it!

[ClintMccutcheon]

Well, the letter was recieved by them on the 8th Feb, as yet, no reply.

 

Give it 2 more days to wait for a reply then chase it up?

 

Seems interesting that they reply to my notices, yet ignore a simple letter asking if my contract with them has ended..... hmmmm

[ClintMccutcheon]

On second review of this letter, i do not think they are actualy relying on the contract, if this was the case they would have stated that their processing of the data meets para 2 of schedule 2, which they dont indicate?

 

They say it meets 3,4,5 - no mention of 2 there :o

 

As 5 is irellevant - they seem to be arguing based on points 3 & 4

----

 

The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

 

The processing is necessary in order to protect the vital interests of the data subject.

 

 

As it is certainly not in my 'vital interests' for this data to be processed, i can only assume they are relying on point 3.

 

Effectively stating that they claim they have a 'legal obligation' to process my data with reference to the CRA's.

 

Their argument seems tripe to me?

[ClintMccutcheon]

Ok so,

 

I sent a letter to CapQuest on monday detailing that they have now commited an offence under the DPA98 for not responding to my Statutory Notice. (SB's letter)

 

Also in the letter i said that if they didnt cease processing in 7 days i will start the court action.

 

Recieved a letter this morning stating:

 

Debt Purchased from HFC

Account Number : xxxxxxxxxxxxxxxxx

Balance : £0

 

Further to your recent correspondance.

 

Please be advised that as you have performed a Subject Access Request, the following is needed to process your request:

 

A cheque for £10

 

Proof of identity at current address

 

 

We have placed the account on hold until march 07 to give you time to compile this information. If we do not hear from you the account will be reffered to collections for further action.

 

 

 

 

----

 

Ok, a) i never sent a S.A.R - i think their confused as to what im telling them.....

 

b) they are well in breach of the 21 days to respond to the notice - and have still not responded correctly

 

c) the account balance is £0 as it is a satisfied default from 2003 - what they hell are they going to try to collect, dust?

 

----

 

My options as i see them now

 

1) ring them, advise them they have the 4 days left to cease processing the default or i start the legal proceedings.

 

2) go straight ahead with legal proceedings

 

 

 

I dont understand how they can be sending out such useless letters that have no relation to anything?

 

Are they messing me around on purpose or are they genuinely just being stupid?

 

Clint

[ClintMccutcheon]

Could a mod please change the title of this thread to 'HSBC & Capquest Default Removal'

 

Many thanks!

[ClintMccutcheon]

I took route a)

 

I rang capquest today and informed them of their mistake, i got through to a supervisor who informed me they had made a mistake and not read the letters properly (thus sending out wrong replies). He has reviewed the letters i sent and agree's with the statutory notice & understands they have caused an offence by not ahereing to the timescales so he has put the documentation to the litigation compliance officer (who ever that is) and will have a response to me by monday (thats the 7th day after my LBA so i agreed to wait until then)

 

Id hope that this one will be concluded shortly, then its just HSBC to worry about....

 

 

Ill keep you all posted

[ClintMccutcheon]

HSBC letter recieved this morning, ignoring my request for my account opening documents with the following:

 

Dear Me

 

I have today recieved your letter dated 19th february. I am sorry that you once gain have had to contact us regarding this matter.

 

It is clear from your correspondance that you remain dissatisfied with the banks response. I am there for arranging for the banks final response to be issued to you from customer services department, which will enable you to refer your complaint to the ombudsman should you wish to do so.

 

I am sorry it has not been possible to resolve this matter to your satisfaction and thank you for your patience.

 

Mr HSBC Rep

 

 

 

 

----------

 

Ok now im a tad angry.

 

I sent them a letter asking for my signed agreement indicating the terms & cond's allowing them to process my dat after the contract has ended.

 

Amongst other things.... and they just reply to me with this?

 

What are they playing at?

[veryannoyed]

No doubt you'll get a letter of complete drivel in due course... probably from their solicitors (DG SOlicitors) who seem particularly good at writing complete and utter nonsense!