vllivett V's HSBC

[vllivett]

Hi all,

 

I requested my statments for all of my accounts with HSBC on the 24th April 2006. These were for my Student/Grad current account, mastercard and consolidation loan. I only took the consolidation loan with them due to the amount of charges they were taking and also stated to take all my wages so I had no money to pay my rent and other bills in September 2005. I currently have a payment arrangement in place for the loan and current account, I paid the mastercard off back in 2004 and closed it, but due to the fact that it was my credit card when I was a student am pretty sure that there are a couple of hundred £ worth of charges on it.

 

I recieved a letter dated the 5th June 2006 thanking me for my request and that the statements would follow shortly. As this was over the 40 days I have sent a 7 day letter today, giving them till next week to have all my statements with me.

 

I was however surpised to read that they have destroyed my cheque of £10.00 to protect my security. Should I also cancell the cheque at my bank just in case????? The issue with cancelling the cheque though is that natwest charge £10.00 for this.

 

I have apx 9 months worth of statements which vary between 2004 and 2005, I think I went to paperless statements at some point due to internet banking. I have found though that in this 9 months they charged me nearly £1000 in charges. As I know there will be more then this from 2001.

 

Would I be able to claim that I would have not defaulted on my current account if it had not been for these charges, the default was registered with the CRA's last May 2006 for £285, and I also have another entry for the same account which shows as HSBC PLC (I) Bank Default at £0.00 for the account been closed as of the 30/05/2006 would I also be able to get this removed, or try too?

 

I also defaulted on the consolidation loan with the bank as I was told that I would be able to amend my payment at anytime if I came into further finanical difficulties when I took out the loan, I then found that this was not the case in till the loan had been in force for 1 year. I have compalined about the mis selling of this. Again if the total charges that had been applied to my current account over the years is the total of the loan or more then the loan I have with them would I be able to claim that if they had not charged me unlawfully then I would not of had to take to loan out and therefore have the default that has been registered for that loan removed as well?

 

Thanks for your help in advance.

[vllivett]

Hi all

 

Just a quick update. I still have not got my sttements have made a complaint to the information commissioner and I also tried ringing them but a I can't remember part of my security information, they can't help over the phone due to Data Protection Act. Don;t mind so much but as it's raining today and am 8 months pregant, don't fancy walking the 1/2 mile to the main branch in town, to sort it out.

 

So will go the the branch tommorrow to see they can get me the information I need.

[vllivett]

Hi all

 

Just a quick update. I still have not got my sttements have made a complaint to the information commissioner and I also tried ringing them but a I can't remember part of my security information, they can't help over the phone due to Data Protection Act. Don;t mind so much but as it's raining today and am 8 months pregant, don't fancy walking the 1/2 mile to the main branch in town, to sort it out.

 

So will go the the branch tommorrow to see

[Castlebest]

Hiya Vllivett, can you not get your missing statements from your internet banking ?

 

pete

[vllivett]

Hi Castlebest,

 

No my account info has been locked as I couldn't remember my 6 digit pin number, but I've remembered it now, but have to go into the branch with photo id so that their un lock it. I tried to get it off the internet as this is how I use to do all my banking.

 

Will have it sorted by tommorrow hopfully, if they un lock my account I should be able to get the info, if not I'll get the branch to print it all off, am going to take copies of my letters into the branch with me. If I have too I'll speak to the branch manager cause this is the account with the most charges on it and I could be debt free if I can get them back.

 

Thanks

[vllivett]

Quick update, I've been to the bank, who rang the department and I was advised that all the statements were sent on Friday 22 June, due to the crappy post round here I will wait till saturday and if I haven't got them will head back to the branch. I can't get the info of the net, tried this morning after i'd updated my account security, but is locked still. So will wait a few more days getting impaitent now as am part way through with cap one and barclaycard.

[vllivett]

Quick update. Rang HSBC 2nd July to complain. Found out that the Data Protection Act letter was recieved on the 27th April at my old branch, but took till the 12th June to be passed to the central stores for processing, and advised that the 40day DPA started on the 12th June. Advised that this is not the case and that they are in breech and due to this have made a complaint to the Information commissioner. HSBC are also saying that it is 40 working days is this correct? I was under the impression that it was 40days.

Also saying there is no record of anything been sent so I will keep on top of them. I was just really hoping I could have sent all my letters and registered all my cases with the court before I gave birth to my son but looks like that isn't going to be the case now.

[Castlebest]

Hiya Vllivett, they are just avoiding the issue of being late with your data.

 

best of luck with your soon to be addition

 

pete

[vllivett]

Hi

 

Just a quick update, still have one week to go to my due date, so am chasing HSBC hard. Nothing has come of my telephone complaint, as still have not had any statements in the last 10 days. I am going into the local branch to complain today after I have dealt with a complaint at NatWest.

My day really looks like it is going to be fun, am hoping all the stress will bring on labour, cause am not fit to burst.

As it appears it was the local branches error for not passing my request to the correct department in time it took them 47 days to do that and the fact that they have not responded to my letter giving them a further 7 days, which I sent to the department that sent me a letter dated the 5th June saying my statements would be with me shortly, well its been 6 weeks so that not shortly really.

I have no idea why I banked with them for so long now but I am going to get this sorted one way or another today because I have had enough and they are not going to win by just making excuses for their poor service.

[Castlebest]

I wonder if HSBC have in house midwives ?

 

pete

[vllivett]

Qucik update,

 

No baby yet, have spoken to HSBC complaints department again, this time, though I thought it best to check the address they would send the letters too. Only to find out that they have the correct address but they have had mail returned from it, within the last 6 months. Well mr postman (Royal Mail) have a habit of putting other peoples post for a flat round the corner in my mailbox, so it looks like he's do the same to me. GREAT.

 

Havrerequested that my statements are sent to the branch just in case, but this really has annoyed me so now off to make a compaint to royal mail.

[freakyleaky]

You can ask royal mail to hold all post at the post office for you if this would be more conveinient. Or you can have it diverted to a friend or relatives address. They can do this for as long or short a time as you like.

 

I don't think you can complian to them about the baby not beig here yet though! LOL.

[Castlebest]

Special Delivery ?

 

pete

[vllivett]

HI All

 

Went into the branch at beginning of week appears the post was sent in september 2006 to an previous address no idea what it was, but most likely not good, so my ex went in and told them I no longer lived there. Although I'd already changed my address 3 times with them since moving out in 2004.

Was advised that my statments should be at the branch within 2 weeks, as this was the normal time it took when the branch order them. Well its now 91 days since they took receipt of my S.A.R and I haven't had one statement, so next course of action is to update the IOC with the additional information as HSBC have not acknowleged my complaint at all, since the IOC informed them on the 10th July.

 

I will get this sorted one way or another. Also due to their delay in sending my statements I am sending a letter to try and have the defaults removed from my file as a sperate issue, although am quite sure that it was partly the charges that will have caused them. I need to get something started with HSBC as their dragging their feet.

 

HSBC Bank Plc

P.O. Box 26

13 Parliament Street

York, YO1 8XS

Date: 28th July 2007

Dear Sir or Madam

Account number – Sort Code -

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed two "Default" notice against a current account in my name.

Further to this I have a recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number .

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

Yours faithfully

 

 

[vllivett]

Emailed the ICO on the 28th July advising that I still had not got any statements from HSBC. I got an email back on the 31.7.2007 saying that they wrote again to HSBC giving them 28 days to get my statements, this to the 28th August.

 

Then got a letter from HSBC dated the 31 July from Anglea Harries the lady that sent the letter dated the 12th June saying that my statements would follow shortly, the letter of the 31 July stated that I did not request copy statements, I sent a DPA which I have seen scanned on their computer system at the branch in York, so I did request my statements.

 

Well on Saturday 4th August I got my statements from the 18th September 2003 to May 2006, great at least that was a start.

 

Then on Tuesday the 7th August I got more statements but guess what, they were the same ones that I had already got so I will give them to the end of the week and then send a recorded delivery letter to Anglea Harries asking for my statments from September 1999.

[jontah 2006]

news of the baby yet?

[vllivett]

Yes I had my little boy at 1.04am on Monday 30th July, named him Nicholas Henry.

 

Well in response to my letter that I sent HSBC with regards to removal of the default I got this letter back.

 

Reference FREECUST/LETTR3 6 August 2007

Dear Miss....

 

Thank you for your letter dated 28 JUly 2007, the contents of which have been noted.

 

Further to your request please find encolsed a copy of your Managed Loan Account agreement form and a copy of the closing statements on your account.

 

With regards to your request for a copy of the default notice, our records confirm that a Final Demand was issued on 27 April 2007 and a letter was sent to you at the time. We are not obilged to retain copies of thie letter.

 

Your accounts were closed on 30 May 2006 and the balances refferred to Metropolitan Collection Services. Metropolitan Collection Services is a part of HSBC Group Plc, therefore there was no deed of assignment as the debt was not sold.

 

I trust this meets with your requirements.

 

Yours Sincerely

 

H Daniels

Customer Credit Services.

 

Well lets see 1st there is a mistake in their dated cause the information on the computer says they got my DPA letter at the branch on the 27th April which I have to add they have ignored intil I got the ICO involved. For them to put a default on my CRA file in September 2006 then the letter would have had to be sent in 2006 not 2007.

 

Plus they do have to retain copies of all information on my account and all letters sent, as they scan all letters that I send them. I am also entitled to all information they hold on me.

 

So I am sending this letter to them tommorrow.

 

HSBC Bank plc

PO Box 449

Salford

M5 4WQ

13th August 2007

Dear H Daniels

Sort Code:

Account Number:

Thank you very much for your letter dated 6th August 2007.

It is the 'Default' notice that we are very concerned about because I do not have any recollection of ever receiving such a notice.

Thank you for answering questions 1 and 3 in the original letter dated 28th July specifically relate to this point and supplying a copy of the agreements. However you have not supplied me with a signed true and certified copy of the original default notice, which by law you must retain.

Please provide me with a signed true and certified copy of the original default notice for both accounts above.

I would request that this data is provided to me within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

It is your duty to comply with my requests under the law.

Yours faithfully,

 

I will also be sending a letter asking for the missing statements and advising them that they only have till the 28th August to provide the missing statements.

[freakyleaky]

Letter look's great!

 

Congratulations on the new arrival!

[freakyleaky]

CONGRATULATIONS!!!!!!!!!!

[vllivett]

Thank You:D

[vllivett]

Well just a quick update. Still no statements for my bank account from 1999 to september 2003.

[vllivett]

I have had three letters from HSBC. the 1st one dated 20th August 2007 which stated below,

Reference: FREEPROD/LETOUT

Dear Miss...

Thank you for your request with regards to information about transactions and charges/fees on your account from September 1999 to September 2003.

We note from our records that a full breakdown of all charges on this account for the last 6 years was sent to you on 20 August 2008, and this should have arrived by now.

Unfortunately, we only hold records on our systems for an exact period of six years, and are unable to provide information on charges prior to August 2001.

If you require more infroamtion pleast let us know.

Yours Sincerely

Angela C Harries

 

This is correct that HSBC do not keep any records for longer then 6 years? Has this happended to anyone else?

 

Well I didn't have the breakdown, this arrived the day after.

I then got a letter dated 20th August

Reference: CONTACT

Dear Miss....

Re:..

We tried to call you today, but were unsuccessful. Please contact this office on the number below.

We look forward to hearing from you.

Yours Sincerely

Carol Dixon Centre Manager

 

Well I have no idea what they are calling about, so I will ring on Monday 3rd September to find out as it could be about my statements or default letter.

[freakyleaky]

Unfortunately they only have to hold records for 6 years by law. If they do have any going further back (which they probably do) it is up to you to prove it and without hacking into their computer or breaking in to their head office you will never know!

 

Disclaimer:- I am in no way advocating burglary or computer hacking and the above post, although mainly factual, was intended to be humorous and not an instruction to carry out illegal activities! LOL:D

[vllivett]

Prem letter being sent for over £2000 of charges by recorded delivery on 3rd September.

 

The contact letter I told you all about is in relation to me asking for the notice of default be provided. I am not going to contact them by phone and see if they reply by the 10th September this is when the 28 days runs out from the second letter.

 

The main reason for not phoning them is having a 5 week old son means I never know how long he is going to sleep for so could end up cutting the call short due to his crying and the fact that I like to have all my information in writing as I keep it all.

[vllivett]

Well no letter with regards to the default letter sent. As they were over the 28 days from the second letter been sent, I have sent another letter recorded delivery on 12th September, giving them 7 days to respond in full to the letter so if I do not get an answer by the 19th September, I will be making a complaint to ombudsman and office of fair trading. I wil also send another lette to hsbc asking for the defualt to be removed as they have not kept their paperwork up to date.

 

With regards to the bank charges, recieved a letter dated 7th September, advising that my complaint has been registered but they will not act on it in till after the test case has finished. Sent LBA on 12th September by recorded delivery.