Rayne Vs HSBC - Round 2

[becci]

Hi Rayne hope you're feeling better. God, your situation sounds exactly like mine, so I can fully sympathise! I'd be interested to hear how you get on with your credit card letters as I was thinking of trying the same thing.

 

Take care and don't let the ****ers grind you down!

 

becci

 

ps your babies are soooo cute!

[Rayne]

Hi Lattie

 

Yeah found it eventually lol - head still banging even now - starting to think I slept funny last night.

 

Hi Becci - thank you for that, been worse lol Will let you know how I get on with the credit cards - need to regain control SOMEHOW and this is about the only option I can see open atm.

 

The babies looks can be deceiving lol. Max is just learning what a potty is for, but only for number one, tried him with number two but wasn't interested until I left the room for my own number two to come back in to find HIS spread across the living room and Sam crawling thru it...still airing the living room now!! And Sam has just learned he can reach the volume control on the tv...much to next doors dismay!

 

Kids, aint they great? lol

[becci]

Oh bless 'em! They always keep you amused!

 

I was uploading photos to facebook last night and found one I'd forgotten all about - my boy having an enormous strop with a trainer toilet seat stuck over his head, I remember we were ****ing ourselves too much to do anything about it. That;ll be one to bring out on his 18th birthday!

 

Glad to hear your feeling better. Best of luck withn the credit cards. They're just as bad as the banks. ******* the lot of 'em!

 

becci

[freakyleaky]

Important! Calling all HSBC claimants!

 

Just spreading the information!

[Rayne]

oh yes i'm up for that one

 

one question tho - is there a qualifying factor for "severe financial hardship"? even if there is i would imgaine we qualify anyway so its more for the benefit of others than ourselves/

[Castlebest]

I would think if your case is used as evidence that the banks have been abusing the waiver the first thing the FOS will do is take your case and try to correct matters.

 

pete

[Rayne]

brucie bonus

[Rayne]

Quick Question - already posted it under general knowledge but u guys a quicker off the mark usually:

 

Recently I had a graphics card which was still under warranty replaced. This was via a well-known online company whom I shall refrain from naming at this time.

 

The crux of the issue is that it took them six weeks to finally replace it, which was bad enough on its own. That fact aside though, I had a friend who lives nearby to the store in Bolton pick it up for me. Didn't think to actually get hold of the store at the time to let them know he was doing so. So he goes in, armed with just the invoice and RMA number and a rough address (didn't even have the postcode) and asks for the replacement card.

Which they give him, without first checking, along with an invoice with my full name and address and partial card details.

 

My question is whether or not they have breached the Data Protection Act by doing this and if so under what section?

 

Many thanks

[freakyleaky]

The fact they gave him an invoice with your details may be questionable. I will go look at dpa and see what I can find!

[freakyleaky]

Good grief! Its a lot of reading! Have a scan Rayne!Data Protection Act 1998

I have found a couple of relevant sections but they need cross referencing with other sub sections to clarify. If you see what I mean!

[Rayne]

lol yeah thats what i thought - got confused on page one!!!

[Rayne]

Got it.

 

Part 1 subsection (1) defines personal data whilst subsection (2) defines sensitive personal data. Although there is no breach under sub(2), there is a clear one under sub(1) which is backed up by section 55 subsection (1)

 

Just sent them a snotty email back:

 

Good morning

 

My apologies for the delay in replying; I was seeking to clarify one or two things myself.

 

Although, by my own free admission I HAD asked Mr Hughes to drop by (as he was sat outside anyway), the fact remains that as far as Scan International was concerned, he was an unauthorised person. Had Scan International contacted me to clarify at the time then of course I would have happily authorised him, but in this your company failed.

 

As for 'sensitive personal data' yes you are quite correct in that, for the provisions of the DPA, none was revealed, except perhaps the expirey date of the card in question, I am happy that that in itself does not constitute a breach under the DPA part 1 subsection (2)

 

HOWEVER, under Section 55, subsection (1), and I quote (please feel free to check this):

 

A person must not knowingly or recklessly, without the consent of the data controller--

(a) obtain or disclose personal data or the information contained in personal data or

(b) procure the disclosure to another person of the information contained in personal data

 

Subsection (2) goes on to say:

 

Subsection (1) does not apply to a person who shows--

(a) that the obtaining, disclosing or processing--

(i) was necessary for the purposes of preventing or detecting crime or

(ii) was required or authorised by or under any enactment, by any rule of law or by the order of a court.

 

You will please note that there is a difference in 'personal data' and 'sensitive personal data' as stated under Part 1, subsection (1) of the DPA

 

'personal data' means data which relate to a living individual who can be identified--

(a) from those data

(b) from those data and other information which is in the possession of, or likely to come into the possession of, the data controller

 

Part 1 subection (2) goes on to define 'sensitive personal data' which, as I stated above, I am happy that there is no breach apparent under Part 1 subection (2)

 

You will please note that at this time, I am not seeking monetary compensation of any sort, just an explanation as to why the breach was permitted. Mr Hughes carried no written authorisation from me, Scan International does not show him as being a contact for me (for the purposes of injecting a little ironic humour at this point - you even refuse to speak to my ACTUAL partner let alone anyone else), and yet the card itself together with invoice containing personal data as defined under Part 1 subsection (1) of the DPA was handed across to him, ergo breach under Section 55 subsection (1)

 

I hope that this serves to clarify matters.

 

Oh, and in answer to your 'What makes this even more puzzling it that this seemingly mystery person walked into a random company and successfully guessed the name of a person who was outstanding goods, this would have to be a 1 in a million chance of success' there are such things as key loggers out there, which manage to get through online defences despite all best intentions. I would expect someone such as yourself in the computer and IT industry to know this. In this instance it does not apply but please do not treat me like a complete fool in any further correspondence. Like I stated, I'm only after an explanation, not compensation, so relax, your profit margins are still ok.

 

Kind Regards

[freakyleaky]

Oh yes! Lovin it! Nice one Rayne!

I would just throw in that an appology would be nice too!

[Rayne]

Ahh, hadn't considered that one - cheers FL

[Rayne]

Oh well, they've turned round and stated they don't believe a breach has occurred as the information supplied is readily available in the public domain so they won't be looking further into it.

 

Gonna complain to the ICO anyway as I STILL believe a breach HAS occurred.

[Rayne]

Some quick advice please peepe:

 

Other half keeps getting phone calls from her credit card companies, as many as a dozen a day in some instances from the same ones. Written to them yesterday offering x amount so they should have them no later than tomorrow. Already asked one to quit with the phone calls and the bolshy **ick quite smarmily said nope not until he speaks to the other half. I told him he basically had no chance and to quit the phone calls as he would be in breach of the Telecommunications Act ans also the Protection From Harrasment Act...not 100% sure on that bit and for the life of me can't find the damned thing atm. Can anyone else confirm? I've already started logging and recording phone calls (I use the speakerfone and then use the voice record function on my mobile - quite handy that one)

[Rayne]

nm got it - me being a noob again lol

[Castlebest]

just tell them you don't discuss financial matters over the phone and to put it in writing don't confirm your security details with them and they are not allowed to discuss anything anyway.

 

a lot of these telephone "chasers" are on commission for how much money they can recover which is why they are so pushy

 

pete

[jowalshy]

I was getting loads of phonecalls for my Hubby last week. I kept trying to tell them that he works nights and that if they wish to contact him, to put it in writing. They just turned round and said that they really need to speak to him in person. the next time they called I told them he had paid, but they still insisted that they needed to speak to him. I just told them they had to call back between 11.30pm and 5.30am. they still keep phoning. Luckily enough the payment had obviously reached them and the phone calls have stopped.

[Rayne]

Morning all

 

I WAS right so just for info for anyone else here u go

 

The CPS : Protection from Harassment Act 1997

 

Debt Help UK - Administration of Justice Act 1970 | UK debt consolidation service with free help and advice

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/99376-telephone-harassment-action-plan.html

 

Oh btw cheers for that Pete

[freakyleaky]

I always ask for communication by letter of sometimes just for fun I give the wrong answers to security questions, then they tell you they can't continue the conversation!

[Rayne]

LOL!! I like that one FL

[Castlebest]

If its your wifes account you could try a little brittan "I'm a lady" voice

 

pete

[freakyleaky]

Yeah! Not done that before! That would be a great laff!

Can't wait for the phone to ring now! He hehe! Evil laff! Mwoooah ha haa!

[jowalshy]

I heard that if you get those silent calls (the ones where you answer and nobody is there), if you keep pressing the # key loads of times it disables the computer that called you and your number is taken off the list to call.