Hsbc Reply Letter Help

[rubens1234]

Hi all , I have been a member since Oct 2011 and have tried not to bother people with Qtns , just read through the forum for information regarding mis-sold PPi . I'm not educated to a legal degree and i work hard but have been obviously mis-sold as a lot of people and i cannot thank LEGAL BEAGLES enough for this website.. Anyway I have requested SAR HSBC Card Services and that the information given to me should also include any payments made before 2005 {6 years} ... My reply from HSBC there 3rd letter i might add , is as follows:

The Data Protection Act 1998 states that personal data must not be kept for longer than is necessary. Therefore to meet our legal obligations under the act, we have strict retention policies in place to ensure any personal information no longer required to meet buisiness or legislative requirements,is deleted. We are satisfied this procedure meets with the information Commissioner's requirements.

If you have any other statements in your possession which go back further than 6 years, please take copies and send them to us at the address below , as we do not have infromation older than that already provided.

I know they have the information but it seems to me that they are using the 6 year rule to there advantage. My wife as been sent ex Goldfish {Barclacard} Info going back to 2002......So Please Help me on this one , is there a way to get info past 6 years...Many Thanks ..Sorry its so long......

[di30]

Re: Hsbc Reply Letter Help

Hi and welcome to Legal Beagles.

When you say you requested a SAR (Subject Access Request), I assume that was for ALL the information/data they hold on you, so with this request they should have sent everything they do still hold, such as any applications, transactions, statements and so on.
This request they cost £10 payable by cheque or postal order and they usually have 40 calendar days to comply.

With the request of just the Credit Agreement, the timescale is that of 12 days, and this would cost just a £1 postal order or cheque payment.

So was it the full SAR or just the credit agreement you requested for?

It appears that with some businesses, once the account's been settled in full, they come back with the standard response as you've received, but you can still make a reclaim without the need of this, but maybe having other parts of the data may still help.:tinysmile_grin_t:

[rubens1234]

Re: Hsbc Reply Letter Help

Hi Di30,

Firstly thank-you in ,reading and replying to my post regarding HSBC Card Service's reply letter.

Well ,I will try to explain my position to the best of my ability...

I originally sent my SAR request regarding this account on the 26th September 2011 with the £10 fee..They returned all personal information held by HSBC to me , well actually to my local branch on the 27th October 2011.

I have a few statements knocking around that go back beyond Jan 2005, so i was dissapointed in the SAR details.

The HSBC SAR Information details only go back to Jan 26 th 2005.

So I replied to recieving the SAR info with a letter stating that they had not provided me with details going beyond 6 years as originally requested.

I felt that this was not an exhaustive list by any means

And i hold statements going back beyond Jan 2005 , so the information provided to me as not complied with there obligation under the 1998 data protection act..

So I then recieved the reply response thats in the first posting....

Many Thanks

RUBENS1234

[rubens1234]

Re: Hsbc Reply Letter Help

Hi all , my mis-sold PPi claim went in for Judgement in December 2011 with HSBC Card Service's..I have filled out the Ombudsman Questionare and awaiting a reply from them , they state 12 weeks, so March is the reply window.

I since have found out my card was opened from 1989- and closed in 2010.

If my claim is favoured, do all payments of PPi made from 1989-2010 get refunded or , do the HSBC go back just 6years...

Can anyone advise me or point me in the direction of a follow up letter .Along the lines to express my concerns that PPi was charged to my card from 1989 and if mis-sold PPi is in my favour then these payments will also need to be included..

Or no statement proof after 6 years then forget these payments....

Many Rubens 1234

[di30]

Re: Hsbc Reply Letter Help

Hi there

If they still hold details of the account prior to the 6 years, then it's possible they will go back to as far back as they hold them, but if they do not and confirm they no longer hold the data going back earlier, they may ask if you anything to send in.
If you do then do so but in copies only.

In regards of the follow up letter, maybe you should see what they come back with first, although no harm done if you just want to send a basic letter, along side with a copy of your complaint they already received (make them aware the complaint is ongoing and your just waiting for a decision), but wanted to give further information you have, as you feel it's beneficial to your complaint.

Personally, I would just keep the letter simple and in your own words if you can.
Any probs, then I'm sure one of us can try to help on this, or see what comes back first, that is up to you.

[rubens1234]

Re: Hsbc Reply Letter Help

Hi, well guess what my PPi mis-sold claim as been rejected , and i will write all there reasons why they are not upholding my claim, I bet these reasons are familiar as follows ::

At the time you purchased the cardholder repayment protector it was HSBC's process to provide you with a policy document,which explained how the policy worked together with the claims procedure and the exclusions that applied.The literature also confirmed the costs associated with the plan.

You then had a cancellation period,which gave you the opportunity to review all the above documentation and the right to change your mind.

I would also point out that the premiums paid in respect of the plan have appeared on your statements where there as been outstanding balance,throughout the period your policy has been in force.During this time, we have no record of you contacting HSBC to query the insurance or advising that you consider the plan was mis-sold.

In respect of your concern that the Cardholder Repayment Protector was not requested and you do not recall you wanted to take out or discuss the plan,I can confirm that it is not Bank procedure to issue insurance without an explanation of the product being provided and the appropiate documentation being completed.

I now turn to your comment that it was not determined if the plan was suitable for you.However , as part of HSBC's sales process, I can confirm that you would have been asked the necessary information to establish whether this was suitable or not.However ,i you had felt the plan was not suitable,Your Credit Card and Cardholder Repayment Protector application could have been suspended until you had made a final decision as to wether to proceed.

Further to this, the onus is on you to check the information on your monthly Credit Card statements to ensure your own security.As stated on your statements:Unless you tell us about any transactions you do not recognise,we will treat all transactions on the account as your..

I WOULD APPRECIATE IDEAS ON MY REPLY,, they seem to be putting all the fault of PPi charges on the customer{ME} . not cancelling.not recognising these charges and why wait so long..Surely HSBC sending out policy documents do not take away there responsibity to ensure the PPi insurance was required in the first place.......Many Thanks Rubens

Ps they have not sent CCA signed or no documented proof that any of the above as been completed ?? should i request anything from them....

HELP HELP HELP ADVISE PLEASE MANY MANY THANKS

[di30]

Re: Hsbc Reply Letter Help

Hi, well guess what my PPi mis-sold claim as been rejected , and i will write all there reasons why they are not upholding my claim, I bet these reasons are familiar as follows ::

At the time you purchased the cardholder repayment protector it was HSBC's process to provide you with a policy document,which explained how the policy worked together with the claims procedure and the exclusions that applied.The literature also confirmed the costs associated with the plan.

You then had a cancellation period,which gave you the opportunity to review all the above documentation and the right to change your mind.

I would also point out that the premiums paid in respect of the plan have appeared on your statements where there as been outstanding balance,throughout the period your policy has been in force.During this time, we have no record of you contacting HSBC to query the insurance or advising that you consider the plan was mis-sold.

In respect of your concern that the Cardholder Repayment Protector was not requested and you do not recall you wanted to take out or discuss the plan,I can confirm that it is not Bank procedure to issue insurance without an explanation of the product being provided and the appropiate documentation being completed.

I now turn to your comment that it was not determined if the plan was suitable for you.However , as part of HSBC's sales process, I can confirm that you would have been asked the necessary information to establish whether this was suitable or not.However ,i you had felt the plan was not suitable,Your Credit Card and Cardholder Repayment Protector application could have been suspended until you had made a final decision as to wether to proceed.

Further to this, the onus is on you to check the information on your monthly Credit Card statements to ensure your own security.As stated on your statements:Unless you tell us about any transactions you do not recognise,we will treat all transactions on the account as your..

I WOULD APPRECIATE IDEAS ON MY REPLY,, they seem to be putting all the fault of PPi charges on the customer{ME} . not cancelling.not recognising these charges and why wait so long..Surely HSBC sending out policy documents do not take away there responsibity to ensure the PPi insurance was required in the first place.......Many Thanks Rubens

Ps they have not sent CCA signed or no documented proof that any of the above as been completed ?? should i request anything from them....

HELP HELP HELP ADVISE PLEASE MANY MANY THANKS

Hiya

So sorry to hear this, but yes looks pretty much basic - standard fob off decision in hope that you do not go back to them.

If this is not the final decision, then I would write back, (even if final you can still give it another shot by giving them say about 14 days to get back to you, ask them to reconsider with further information you have), then if nothing is heard back by then, you could try complaining to the FOS.

I would tell them that you do no agree with the decision they made and believe they overlooked your complaint and not taken your reasons into serious consideration.
Raise your concerns of their of the reasons they have given on why they rejected your complaint.

Also ask them to provide concrete evidence of they they had to reject your complaint, as you feel this is relevant to why they rejected it.

Depending on how long ago you were supposed to have made telephone calls in regards of the policy, ask if they can also provide you with copy of the calls made, or any written transcripts they hold.

You need to make them aware that nothing was made clear to you, and you feel the information on the sale of the policy they provided was poor, otherwise you would certainly have made a point at the time the PPI was sold to you that you did not want this cover.
And that you don't believe it was sold in your best interest.

Anything you feel they missed, then raise this up with them, tell them you feel they have overlooked and you are asking them to reconsider by 14 days, and if you hear nothing by then, you will consider taking this matter further.

Do not give up though, keep strong on this.

I'm sure you will receive more opinions on this, so keep a check just in case.

Hope this helps you, good luck.

[leclerc]

Re: Hsbc Reply Letter Help

Di, I need to refer you to this article which was from 2009 which seems to indicate that HSBC do have data going back further than 6 years, ie 8 years. For the life of me, I cannot find an email where I got some further information from them but I can do the old CEO ask em type thing if necessary.

The trouble with claiming back bank charges - Channel 4 News
Article was written in 2009 and HSBC stated they could back to 2001 which is 8 years. I am sure that the figure of 7 years is close to the mark.

[di30]

Re: Hsbc Reply Letter Help

Di, I need to refer you to this article which was from 2009 which seems to indicate that HSBC do have data going back further than 6 years, ie 8 years. For the life of me, I cannot find an email where I got some further information from them but I can do the old CEO ask em type thing if necessary.

The trouble with claiming back bank charges - Channel 4 News
Article was written in 2009 and HSBC stated they could back to 2001 which is 8 years. I am sure that the figure of 7 years is close to the mark.

Ooh thank you

[Bill-K]

Re: Hsbc Reply Letter Help

Hi Rubens,

Just adding a bit to Di's excellent advice, if I may. If your claim is eventually upheld, then the 6-year limit is not normally applied because the FOS do not consider it applicable. Therefore, you should be refunded ALL the PPI. However, if neither you nor the lender have complete records, then this can be difficult. An estimate can be made, but if the lender refuses to offer anything on the older PPI, then you might still have to ask the FOS to force an estimate.

I always like to quote relevant passages from the FSA Complaint Resolution Handbook in PS10/12, as it shows that you are getting help and advice, and are not going to just let the claim drop:-

DISP APP 3.3.1 Where a complaint is made, the firm should assess the complaint fairly, giving appropriate weight and balanced consideration to all available evidence, including what the complainant says and other information about the sale that the firm identifies. The firm is not expected automatically to assume that there has been a breach or failing.

DISP APP 3.3.2 The firm should not rely solely on the detail within the wording of a policy's terms and conditions to reject what a complainant recalls was said during the sale.

DISP APP 3.3.3 The firm should recognise that oral evidence may be sufficient evidence and not dismiss evidence from the complainant solely because it is not supported by documentary proof. The firm should take account of a complainant's limited ability fully to articulate his complaint or to explain his actions or decisions made at the time of the sale.

DISP APP 3.3.4 Where the complainant's account of events conflicts with the firm's own records or leaves doubt, the firm should assess the reliability of the complainant's account fairly and in good faith. The firm should make all reasonable efforts (including by contact with the complainant where necessary) to clarify ambiguous issues or conflicts of evidence before making any finding against the complainant.

DISP APP 3.3.5 The firm should not reject a complainant's account of events solely on the basis that the complainant signed documentation relevant to the purchase of the policy.

DISP APP 3.3.9 In determining a particular complaint, the firm should (unless there are reasons not to because of the quality and plausibility of the respective evidence) give more weight to any specific evidence of what happened during the sale (including any relevant documentation and oral testimony) than to general evidence of selling practices at the time (such as training, instructions or sales
scripts or relevant audit or compliance reports on those practices).

[rubens1234]

Re: Hsbc Reply Letter Help

Thank you Di replying so quickly , don't worry im thick skinned and won't give up easily.. I have had success with RBS and also HSBC .....Not giving to much details out obviously ....This is the sort of mess these banks are in ,,, I applied PPi mis-sold on a loan with HSBC and they ackowledge this, they then sent details regarding a loan i had taken out but it wasn't the loan i was referring to.......

Anyway cut a story long to short , they upheld the loan i was not claiming for £££, but rejected the ppi against the loan i originally applied for....
And all the reject reply letters seem to be generic but tweeked slightly to each individual claim...

Again Many Thnx

Rubens

[rubens1234]

Re: Hsbc Reply Letter Help

Hi All, well it's been a while but my cases with HSBC are still open and are being worked apparently.. It's got that bad now that I'm ringing customer services on a daily basis just to be a pain.. These cases were opened in Sept 2011 when i sent in a letter to the HSBC to address my concerns to the mis-selling of PPI on my accounts.. Anyway will keep you all updated , just haven't bothered you guys and try to trawl through all info to help myself...

One bit of good news is that I have been successful with a claim on behalf of my wife, with an old Goldfish credit card account ( now Barclays owned).. They have upheld this PPI mis-sale and there offer letter is stating

A.Refund of Payments made by you. £800.00
B.Refund of interest charged on PPI Premiums. £440.00
C.8% simple interest per annum .... £480.00

D.Total Refund payable = (A+B+C). £1720:00

Is this correct or for example should it be the following ::::£10.00 PPI paid on 20th October 2005 = 2500 days elapsed since payment 8% of 10:00 x 2500 days... Hope Im making sense, or could someone direct me to a PPi calculator/ spreadsheet .. I think as we are all aware the banks are not giving anyone any confidence in there present and past activities, there TRUST is at a zero for me.. Thank-you in advance..

[MIKE770]

Re: Hsbc Reply Letter Help

Keep hammering HSBC as I am, that is the only way at present it seems.

[rubens1234]

Re: Hsbc Reply Letter Help

Thanks , HSBC seem to be more resilient regarding there mis-sold PPI Insurance decisions.... Anybody out there who can steer me towards a PPI calculator/ spreadsheet.... Its to be used for credit card PPI insurance payments...

[MIKE770]

Re: Hsbc Reply Letter Help

Budgie has some spreadsheets on his forums, or PM him.