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Niddy vs HSBC
Hi all,
Just thought i'd start a thread to try and explain some weird things with myself and my main bank, HSBC. To cut a long story short, I opened a few accounts with them back in 2008 and have run my accounts (all 3 of them) perfectly, never exceeding any overdraft or limit and never bouncing a single transaction, or paying any overlimit fee - I also pay them £12.95pm for HSBC Advance.
All in all, i'd say I was a damn good customer in that respect. however a customer that doesn't earn them (HSBC) anything, which I should not be penalised for.
Anyway, about a year ago I complained to HSBC when they refused a simple request, and found out that they think I am this fraudster that took credit in my name, at an address I never lived at! Bear in mind, when I started with HSBC I was dealing with a Fraud Manager who confirmed they were satisfied that I was someone different and authorised the credit card application and let me pick my limit (I chose, and got £3k). Anyway, fast forward to now - I am down to cheque number 49 out of 50 so I requested a new book to be told sorry, you're account does not meet our criteria - so I fired a message back to them demanding an explanation.....
I gave them 48hrs which in my book is ample, being they refused me in less than an hour from when I requested the bloody thing! Sooo, I since sent a "custom" Advanced SAR" demanding all paperwork on me, the alleged me, the fraudster they think is me and also screen prints and copies of all emails sent between departments so I can establish what is being said about me here.
My latest message is as follows;
So, i'm now waiting to see what they come back with - i'll keep this thread updated so you can see how we rip a new arse into one of the main banks..... I will not back down until this is sorted!
My SAR, is as follows:
Just thought i'd start a thread to try and explain some weird things with myself and my main bank, HSBC. To cut a long story short, I opened a few accounts with them back in 2008 and have run my accounts (all 3 of them) perfectly, never exceeding any overdraft or limit and never bouncing a single transaction, or paying any overlimit fee - I also pay them £12.95pm for HSBC Advance.
All in all, i'd say I was a damn good customer in that respect. however a customer that doesn't earn them (HSBC) anything, which I should not be penalised for.
Anyway, about a year ago I complained to HSBC when they refused a simple request, and found out that they think I am this fraudster that took credit in my name, at an address I never lived at! Bear in mind, when I started with HSBC I was dealing with a Fraud Manager who confirmed they were satisfied that I was someone different and authorised the credit card application and let me pick my limit (I chose, and got £3k). Anyway, fast forward to now - I am down to cheque number 49 out of 50 so I requested a new book to be told sorry, you're account does not meet our criteria - so I fired a message back to them demanding an explanation.....
I gave them 48hrs which in my book is ample, being they refused me in less than an hour from when I requested the bloody thing! Sooo, I since sent a "custom" Advanced SAR" demanding all paperwork on me, the alleged me, the fraudster they think is me and also screen prints and copies of all emails sent between departments so I can establish what is being said about me here.
My latest message is as follows;
Hi,
I have now sent in a SAR in line with s.7 DPA (1998) to establish exactly what the problem is here. You will receive this on Tuesday 1st February and legally, it is considered served from this date.
I therefore expect a full response by the 40 days, which is 12th March 2011. A full complaint is also being created to send to the FOS along with instruction to the ICO to hold your data processing against me, as I feel you are confusing me with someone else (again!) to which I already proved to you, 2 years ago - was not me!
You will be hearing from me a lot, over the coming months so I suggest you pep up your knowledge in consumer related laws as I will sort this, in court, and take you to the cleaners when I prove you wrong (again).
I have now sent in a SAR in line with s.7 DPA (1998) to establish exactly what the problem is here. You will receive this on Tuesday 1st February and legally, it is considered served from this date.
I therefore expect a full response by the 40 days, which is 12th March 2011. A full complaint is also being created to send to the FOS along with instruction to the ICO to hold your data processing against me, as I feel you are confusing me with someone else (again!) to which I already proved to you, 2 years ago - was not me!
You will be hearing from me a lot, over the coming months so I suggest you pep up your knowledge in consumer related laws as I will sort this, in court, and take you to the cleaners when I prove you wrong (again).
My SAR, is as follows:
Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.
Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me – regardless of the address held – that I am entitled to under section 7(1) of the Act. If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act and, as such, any microfiche data must be sent to me in fully legible and comprehensible form.
Additionally, where there has been any event in my account history which has required any manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. This explicitly relates to recent dealings with your fraud team, in which they try to accuse me of being another person, ergo all alleged documentation for this other customer that has been linked to me, should also be sent, as this will be used against you when I progress things further. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
For the avoidance of any and all doubt, I reiterate:
I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement(s); statements of account(s); duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).
I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions, as I recently applied for a new cheque book and was told “Your account does not meet the criteria, however in 3mths we’ll be happy to reconsider” – so I wish to prove that my account has been run the same, since day one, proving that HSBC are lying to me yet again.
I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself, funnily enough you’ll notice I’ve saved the last cheque in my chequebook for this privilege. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.
You have 40 days in which to comply with this request; also note that this request has been sent via workflow management delivery so I can ensure compliance on these issues comply within the legislative time frames.
I have not attached any additional identification as this is not necessary being I’m an existing customer, and I want all data to be sent to the registered account address anyway – the same address to which you send me statements, letters and account cards.
Yours faithfully
Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me – regardless of the address held – that I am entitled to under section 7(1) of the Act. If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act and, as such, any microfiche data must be sent to me in fully legible and comprehensible form.
Additionally, where there has been any event in my account history which has required any manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. This explicitly relates to recent dealings with your fraud team, in which they try to accuse me of being another person, ergo all alleged documentation for this other customer that has been linked to me, should also be sent, as this will be used against you when I progress things further. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
For the avoidance of any and all doubt, I reiterate:
I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement(s); statements of account(s); duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).
I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions, as I recently applied for a new cheque book and was told “Your account does not meet the criteria, however in 3mths we’ll be happy to reconsider” – so I wish to prove that my account has been run the same, since day one, proving that HSBC are lying to me yet again.
I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself, funnily enough you’ll notice I’ve saved the last cheque in my chequebook for this privilege. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.
You have 40 days in which to comply with this request; also note that this request has been sent via workflow management delivery so I can ensure compliance on these issues comply within the legislative time frames.
I have not attached any additional identification as this is not necessary being I’m an existing customer, and I want all data to be sent to the registered account address anyway – the same address to which you send me statements, letters and account cards.
Yours faithfully
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