Niddy vs HSBC

[Never-In-Doubt]

Re: Niddy vs HSBC

Helmsman,

You will no doubt find that the bank has not disclosed everything to you under the SAR very few banks do after all they have to protect there own interests and if that means holding information from a SAR so be it.

Yes exactly but the way to combat that issue, simples - SAR the FOS whilst the result is put on hold - you'll see that will be my next port of call - ie to see what HSBC have sent them, which must be different to what they sent me in my SAR to them.....

[pompeyfaith]

Re: Niddy vs HSBC

Niddy,

Now you are giving me ideas lol is the FOS lawfully bound it hold documents for as long as any other Financial company ?

Would love to know what porkies the Co-op bank was telling the FOS as it will allow me to better understand how the complaint went and why it took nearly 3 years to resolve

[Never-In-Doubt]

Re: Niddy vs HSBC

Niddy,

Now you are giving me ideas lol is the FOS lawfully bound it hold documents for as long as any other Financial company ?

They must retain documents for the statutory 6 years after-event, naturally....

[pompeyfaith]

Re: Niddy vs HSBC

Thanks m8 ill get a SAR sent off in the new year.

[helmsman]

Re: Niddy vs HSBC

Yes exactly but the way to combat that issue, simples - SAR the FOS whilst the result is put on hold - you'll see that will be my next port of call - ie to see what HSBC have sent them, which must be different to what they sent me in my SAR to them.....

Hi,
I think I will SAR the FOS as well should I do it now or wait untill they make their decision (siding with the bank) I should think. Would it be the advanced SAR or normal one.

[Never-In-Doubt]

Re: Niddy vs HSBC

Hi,
I think I will SAR the FOS as well should I do it now or wait untill they make their decision (siding with the bank) I should think. Would it be the advanced SAR or normal one.

Advanced SAR - at the very end.

[mgfboy]

Re: Niddy vs HSBC

Niddy join my world, as far as FOS is concern HSBC can do no wrong, I wonder if it's got anything to do with one of the big cheeses at FOS being ex HSBC!!!!!

[mystery1]

Re: Niddy vs HSBC

They must retain documents for the statutory 6 years after-event, naturally....

Under which statute please ?

M1

[Never-In-Doubt]

Re: Niddy vs HSBC

Under which statute please ?

M1

Not statute, it is statutory bookeeping in line with HMRC.

* All businesses should retain paperwork pertaining to any business operations carried out for a period of 6 years after the business has concluded (or relevant financial tax year accounting periods).......

[Never-In-Doubt]

Re: Niddy vs HSBC

Not statute, it is statutory bookeeping in line with HMRC.

* All businesses should retain paperwork pertaining to any business operations carried out for a period of 6 years after the business has concluded.......

Couple of interesting articles about this ---> Business Link & HMRC Guides

[Never-In-Doubt]

Re: Niddy vs HSBC

Latest HMRC Record Keeping Guidelines (April 2010) ---> http://www.hmrc.gov.uk/manuals/chmanual/CH10000.htm

[mgfboy]

Re: Niddy vs HSBC

I suppose under data protection FOS could dispose of the paperwork , once they have given a final judgement. I don't think the 6 year rule would apply because FOS arn't a trading company.

[Never-In-Doubt]

Re: Niddy vs HSBC

I suppose under data protection FOS could dispose of the paperwork , once they have given a final judgement. I don't think the 6 year rule would apply because FOS arn't a trading company.

The FOS is a government "Quango" if you want to call it that, as such yes they are liable to normal rules and would be expected to retain data for a certain period after the event closed, maybe not 6yrs but at least 24 months - even the ICO must retain complaint data for 24 months.......

[BBoo]

Re: Niddy vs HSBC

I phoned the ICO to ask about this exact issue and was told that if the information was related to financial issues or medical issues it must be kept for 6 years in an encrypted form.

It is surprising just how many organisations are exempt from having to register with the ICO though. For example no Not for Profit organisation has to register, so many charities, while handling sensitive financial information, may well be exempt from registering.

This causes an interesting situation as if they are not registered to process data, then legally there is no registered Data Controller, so if one wanted to SAR one of these organisations, to whom should one write and are they obliged to respond?

[helmsman]

Re: Niddy vs HSBC

Yes exactly but the way to combat that issue, simples - SAR the FOS whilst the result is put on hold - you'll see that will be my next port of call - ie to see what HSBC have sent them, which must be different to what they sent me in my SAR to them.....

Hi Niddy,
If they have given further evidence to the FOS that was not disclosed in a SAR, how could that be used against them.