Niddy vs HSBC

[Never-In-Doubt]

Re: Niddy vs HSBC

Well well well.

Just been accecpted for nationwide & barclays (full accounts) so will sign both sets of paperwork and see which declines me first lol. Once they see the "incorrect" link they'll then decline me, as always!! If they do, ooops - I'll go for compo from them both as well - all as a result of equifax, tut tut!!

Will update later, off into town to sign and finalise barclays and drop off signed nationwide agreement!! Should be fun

Well, seems Nationwide are happy to give me a Flex Account - thought they were hard to get an account with? Hmphh - makes me more pissed at Barclays now!!

Oh well, i'll close one HSBC account and leave one open, and use NW as my main account for a year and see if my relationship is any better than the mess HSBC have caused...? I'm just pleased I can now look to screw HSBC to the hilt, without worry of them reacting by closing accounts on me - ie now I can go to town on em!

[Never-In-Doubt]

Re: Niddy vs HSBC

Well had a letter the other day from HSBC saying the SAR would be with me before 10am...

Should be interesting reading.....

I'll update this again later! One things for sure, my strongly worded starter letter stating the cut-off as being 13th March must have taken hold as they're trying to meet it bless em!!!

[Never-In-Doubt]

Re: Niddy vs HSBC

Dramatic events in Niddy v HSBC - basically got home from holiday to find a letter saying they no longer want to offer me banking and all my accounts will be closed on 11th April.

So, last night I spent 4 hours compiling serious complaints about their breaches to DPA1998, The Banking Code (not enough notice period given) and pretty much accused their head of fraud as being an ermm, fraud!

I will post details of the letter up after i'm done fighting, right now I do not want them to put 2 and 2 together and link me here, as it could affect the outcome. I am pretty much threatening them with all sorts as I have have stated that I feel they are acting and behaving in a retaliatory manner which is a direct breach of the banking code - naughty naughty HSBC.

Good job I have my other accounts as back up, but this is an inconvenience - wait till they see me max everything out then refuse to repay at more that £1 per month

[swanfan]

Re: Niddy vs HSBC

Good job I have my other accounts as back up, but this is an inconvenience - wait till they see me max everything out then refuse to repay at more that £1 per month

Another holiday to book then?!!

[confused76]

Re: Niddy vs HSBC

good luck Niddy...i look forward to hearing how you get on! kick their arse please xx

[roomtobreathe]

Re: Niddy vs HSBC

Give 'em hell Niddy.

They deserve it.

[Never-In-Doubt]

Re: Niddy vs HSBC

good luck Niddy...i look forward to hearing how you get on! kick their arse please xx

Oh, I intend to!

Muppets, have crossed the wrong dude this time!

[Never-In-Doubt]

Re: Niddy vs HSBC

So, my latest complaint to HSBC (Mr X from the Fraud & Risk dept) went something like...

Dear Mr X,

Ref: Internet Banking ID - XXXXXXXXXX

I write with reference to your letter dated XXXXXXXXXX.

Firstly, I’d like to clarify that I did respond to your letter of XXXXXXXX; a copy of this is attached for your perusal – as you can see, it clearly answers the specific points you raised and also went on to explain that I had already met with the branch manager at account inception, and provided photographic identification verification.

Therefore, your letter dated XXXXXXXXXX has not only puzzled me, but has also contradicted another complaint I am involved with; namely with the Data Protection Team who stipulate that they hold no additional information on me – a copy of this most recent letter is attached, also for your perusal. Now, moving on to the content on your letter, I’d like to know why you are thinking of closing my accounts when to date, after proving myself as a good customer to you, I have never once broken any of the account terms, in particular;

• I have never went over any agreed overdraft nor have I exceeded my available balance across 5 accounts held with HSBC;
• I have never had a returned direct debit, cheque or payment refusal of any type nor have I attempted to use any facility where there was not an available limit, i.e. cashing cheques when my balance was £0 knowing it’d put me overdrawn;
• I have never had a late payment, overlimit or missed payment charge applied to any account held with HSBC;
• I have never caused HSBC any problems and simply go about running all my accounts perfectly within the rule of your own terms.

I therefore ask, under what grounds exactly are you implying that I have broken the terms of any of my accounts as under the Banking Code; as you probably know full well, you are well within your rights to close an account down but only if there is a direct reason or irrevocable breakdown of relations – I have simply complained about being mis-treated which does not constitute an irrevocable breakdown of relationship. Also, as you were fully aware that I was out of the country between 12th – 28th March, you cannot expect the 11th April to reflect ‘Adequate Notice’ also in line with The Banking Code; which I am fully aware is now part of the Lending Standards Board and regulated via the FSA – more on this later.

So, considering then that I have run all my accounts perfectly well and within the letter of the law based on your own terms & conditions, to then complain about having an unlawful block being placed on my account as I felt I was being treated differently (i.e. prejudiced against) to then find out you’re closing my accounts makes me feel extremely aggrieved and as such you leave me no option but to formally report you as I believe that; again in line with current legislation; it is expected that the customer is treated fairly by their bank or building society, and that they should not be penalised for exercising their right to complain which is clearly the case here – there is simply no denying it.

You have asked me once, in XXXXXXXXXX, to go into branch and I responded to you (copy attached) advising that I already did this when I opened the account; and I also met with and provided proof of identity to the then branch manager. I sent similar proof in for the attention of Siobhan Lowe at the time I opened my credit card with you as well. Put simply, you know who I am and your persistent involvement (like a dog with a bone) has only gone to reflect another breach of practice, detailed as follows.

I recently requested a Subject Access Request (SAR) in line with s.7 Data Protection Act 1998 and was furnished with all data that HSBC held about me; as allegedly fulfilled by your colleague (Mrs X) in the UK Data Protection Compliance dept. However, I vividly recall my initial meeting with the branch manager back in XXXXXXXXXX when I opened the account, as when she asked for ID she had in her hands a form entitled Fraud something or another – it was obviously a direct result of my explanation to her about the other person incorrectly linked on my Equifax credit file thus never thought anything of it. Yet this form, my ID and all communication and system notes from your department in Security & Fraud Risk were omitted from my SAR. I therefore telephoned Mrs X and left a message for her to comply fully with the provision of s.7 (DPA1998) by sending me everything that HSBC held about me as it was clear that things were missing, not to mention details about the ‘Other Me’ – being you (and only you) feel that something is untoward here – which for the record it is not.

Mrs X replied to my phone call via letter dated 16th March 2011, a copy of this letter is attached for your perusal – notice how she clearly states that ‘they have again confirmed that no information is held’ but here we are; there must be other information as in your letter to me dated XXXXXXXXXX you stated then that you would provide me ‘Documentary Evidence of your findings to date’ – so where is this ‘documentary evidence’ in relation to my SAR? This is a direct breach of the Data Protection Act and I suggest you contact Mrs X and organise the sending of all personal data held about, or implied about my person.

Finally, I believe I was forced to take a fee-paying account in order to have banking with HSBC and at no point was I offered a normal ‘free’ bank account, as such I will be putting in a separate claim for this mis-sale; details are attached on the headed sheet – ‘Mis-Sale of Packaged Product Reclaim’ – if you do not deal with this, please forward it to the correct department.

As you can clearly see, all in all, HSBC have dug quite a deep hole here and being I have clear evidence that you are acting in a retaliatory manner to my complaint that you were singling me out and treating me differently (by placing a marker against my account for no good reason and omitting relevant data within my SAR so as not to give away the secrets that you believe about me); I have no other option to demand a full investigation into your conduct and fulfilment of all regulatory requirements starting with full compliance of my s.7 DPA1998 SAR request – I formally demand all copies of system notes, paper notes and all data relevant to me no matter the department. I also request that you reconsider account closure based on my claim that you are behaving purely in a retaliatory manner which would mean any account closure would automatically give me right to complain about you and seek compensation for the distress caused.

I am happy to allow 14 days for a detailed response to my points; hopefully with a formal apology from yourself for this bullying and disgraceful behaviour. Just in case you miss my point, I am curious to know how a review was performed against me in October 2009 which you obviously got heavily involved in, yet nothing about this review or marker is noted anywhere within the system notes from the SAR data already received, so you must have another file somewhere which you are evidently openly admitting retaining data for – otherwise, why is it not mentioned anywhere within the SAR enclosures? Hmmm….

I’d also like confirmation that my accounts will remain open and I’d like consideration of compensation prior to my formally complaining to all the regulatory bodies such as The Lending Standards Board, the Financial Services Authority, the Financial Services Ombudsman & the Information Commissioners Office.

There is no point carrying on with this nonsense Mr X; I can see right through you and with the proof I have (bear in mind I have copies of everything) I suggest you back down and cease with this intimidation and down-right bullying against me. I have been a model customer; as we both know full well to be the facts of the matter. The way you’re treating me is shambolic to say the least. If after 14 days I have not had a suitable response, formal complaints will be sent to each of the regulatory bodies detailed above.

Yours sincerely,

[Never-In-Doubt]

Re: Niddy vs HSBC

This complaint went to the Senior Complaints Manager regards to the guy (Mr X) who works in Fraud & Risk (as above)...

Dear The Service Manager,

Ref: Internet Banking ID - XXXXXXXXX

I write with reference to various ongoing complaints, and have came to the clear conclusion that I am being mistreated and subsequently made to suffer as a direct result of the harassment and intimidation of one of your officers, Mr X, who seems to have some grudge against me and has now threatened me with account closure, even though I have suffice proof to show that he is doing this as a direct result of my catching him out by way of demanding answers as to why I was treated differently when his team added a marker against me, back in XXXXXXXXXX, basically he is acting in a retaliatory manner which is directly prejudiced against me and forbidden in line with FSA guidelines.

As I am now probing to the core, Mr X is evidently getting worried and has now told me my accounts will close on 11th April, even though he knows full well that this is not sufficient time (in line with the old banking Code) because he was aware of my being out the country for the last few weeks; as notified via secure messaging via HSBC Online (I have screen prints if necessary); therefore I expect such action to be put on hold until such time the underlying issues are resolved, as made clear in the accompanying paperwork (attachments).

I have done nothing wrong, ever, since holding an account with HSBC and the way I’ve been treated (by what appears to be an incorrect gut instinct by one of your staff – Mr X) is nothing short of ridiculous. I was even forced to take a fee-paying account at account inception, something which I now wish to reclaim all fee’s ever paid as this was not the account for me nor have any of the benefits ever been utilised. I was under the impression, given at the time of account inception, that I was only able to apply for this account and this is proven by way of my opening another bank account at the earliest opportunity – account number XX-XX-XX / XXXXXXXX. However it seemed more hassle than good to request closure of the fee-paying account plus I was told I had to have that account. Being you’re now closing all my accounts (incorrectly and unlawfully I may add); I feel it is time to reclaim all monthly account charges paid into this account as it was not relevant to me and never will be. All I ever wanted was a normal bank account, I’ve since learned that I am able to reclaim and therefore a reclaim pack to the value of £362.60 (+ associated interest of £33.23) totalling £395.83. I also claim compensation for the time and effort spent in compiling so many unnecessary responses to you which was totally avoidable had Mr X listened to me when I advised him that I had already met with, and provided the branch manager with the required ID within the last 12 months and that same letter answered the 4 questions that he asked me, to which he totally disregarded as per his letter of XXXXXXXXXX.

I therefore expect a cheque made out for the sum of £395.83 to be sent to my home address, to reflect a refund of all monies paid into this mis-sold account, plus statutory interest (see attached breakdown of claim). I also request that you consider a form of compensation reflective of the hassle caused to me, bearing in mind at the moment I have not reported you to the regulatory bodies which when I do, we both know will cost you £500 immediately therefore it would be in both our interests to resolve this matter formally, now.

In order to satisfy my complaint I require that HSBC

• Cancel the pending account closure(s)
• Cancel and remove any markers placed against me
• Refund all mis-sold Product Fee’s as detailed in the accompanying documents
• Speak to Mr X about his conduct and request formal apology for his behaviour
• Completion of my s.7 DPA SAR Request as per my letter to the Data Protection dept
• Consider a payment of compensation for my distress and hassle caused, as a reflection of everything as per detailed within this complaint pack

As previously requested, the reclaim should be sent to me via cheque as I have already paid in full, the sums reclaimed. I look forward to hearing from you within the next 14 days.

Yours sincerely,

[Never-In-Doubt]

Re: Niddy vs HSBC

And finally, my complaint to the DPA department....

Dear Mrs X,

Ref: Internet Banking ID - XXXXXXXX

I write with reference to your letter dated XXXXXXXXXX, and recent communication between Mr X from your Security & Fraud Risk dept; I attach copies of the following correspondence in the hope you can communicate with each other and successfully adhere to the pre-defined rules that govern the Data Protection, and in particular the schedules from within s.7 which allow me access to all personal data.

• Copy of my letter to Mr X Dated XX/XX/XXXX
• Copy of Mr X letter to me Dated XX/XX/XXXX
• Copy of your letter Dated XX/XX/XXXX
• Copy of Mr X letter to me Dated XX/XX/XXXX
• Copy of my reply to Mr X letter Dated XX/XX/XXXX
• Copy of Mr X response Dated XX/XX/XXXX

Now, as is clear from all the relevant copies detailed above – something is not right. In particular, I have great concerns about your omission of the following; from within my SAR pack:

• No reference to anything suggesting an account review in XXXXXXXX 2009 – Why?
• No reference to anything from the Security & Fraud Risk dept even though they purport to have ‘Documentary Evidence’ – I’d like to see this evidence please
• No reference to any system or hand notes made by Mr X – this would be impossible without a note system of some kind
• No reference to the sheet (or ID) that the branch manager had when I opened the account – this was entitled Fraud something and I wish to see a copy (she wrote enough on It so it must be there - somewhere)
• No reference to this erroneous ‘Marker’ that was placed on my accounts to restrict further borrowing – why?
• No reference to the other person that Mr X purports to be me, at the incorrect linked address – if he never thought this then why was there ever a problem?

There are other shortfalls but for the moment, the only thing that concerns me is the items detailed above – the italics at the end of the point are my suggested resolution. So you are aware, there is an incorrect linked address (currently disputed) showing on Equifax only. They have been advised to remove the data as it is nothing to do with me, if they do not comply within the next 40 days then I will report them to the ICO for further investigation.

I would like all data held by me, not selected data that suits you. This is a direct breach of the data Protection Act and any further omissions will be reported in full to the regulatory bodies.

I look forward to hearing from you within the next 28 days.

Yours sincerely,

[Never-In-Doubt]

Re: Niddy vs HSBC

I also put in a reclaim for almost 3 years worth of £12.95 monthly fee's... This equates to approximately £395

Mis-Sale of Packaged Product Reclaim

I believe I was mi-sold the monthly account fee-paying HSBC Plus account as at the time the account was opened, I was not informed of the following key points (which render the policy invalid and mis-sold in line with FOS guidelines);

The advisor at the time the account was open;

• didn't make it clear the policy was optional
• implied or insisted that I take out their policy to qualify for the product and to help with my application
• was very pushy when selling the product; in such a manner I felt it impossible to refuse

I therefore reclaim the full amounts paid as detailed within the attached sheet called ‘Bank Charges Interest Calculation’

[confused76]

Re: Niddy vs HSBC

i can imagine their faces when they get those letters!!

[Angelic]

Re: Niddy vs HSBC

Can't wait to see how it turns out!!

[Never-In-Doubt]

Re: Niddy vs HSBC

Can't wait to see how it turns out!!

Yea, me having to move banks by the looks of it - I cannot believe they want to close all my accounts next week - it beggars belief, it really does!

[MustGetStraigh]

Re: Niddy vs HSBC

Go Niddy!
Wouldn't like to be in their shoes now. Serves them right. One wonders how many people they have treated equally shoddily, who didn't know their rights and haven't complained.