HSBC Response to 3rd Letter

[Grrr42]

Hiya,

Would like to know your thoughts on this.

I have received a reply from HSBC since sending the 3rd letter (I have not gone down the trademark route as my debt with them is less than £2000).

The reply is similar to ones others have posted: Unless you can demonstrate that you are not the person who entered into the agreement, the question of liability remains without question. We are under no obligation to provide the info you have requested, your requests will not be considered any further. Etc etc.
This letter is addressed to me as Miss Amy......

They have then enclosed the following letter from Crown Legal Services:

Dear Sirs,
Please find enclosed copy documents as requested for your perusal.
Section 78 (1) of the consumer credit act 1974 requires us to provide "...a copy of the executed agreement (if any)...". Regulation 3 (2) of the consumer credit (cancellation notices and copies of documents) Regulations 1983 allows that certain items may be omitted form such copies, including the signature box and signature.

They copy of the executed agreement we must supply is a copy but need not be a photocopy of the signed agreement. Regulation 7 of those regulations also requires us to provide a copy of the executed agreement, as varied, where there is a power to vary the terms of agreement, which there is with your client's card agreement and that power has been excercised to vary the agreement, which again is the case with your client's card agreement.

We therefore enclose an up to date copy of the terms and conditions applicable to your clients account, a copy of the latest variation notice issued in respect of your client's account and a reconstituted copy of the agreement form. The variation notice shows that the terms have been varied and therefore in accordance with this legislation the up to date terms and conditions are the appropriate information to produce.

With regard to the Signed Application form that you made request for, we have conducted a reasonable search, and at the time of the request, the document could not be located. It was in our control but is no longer in our possession. Therefore we have enclosed a reconstituted copy along with two certified statements duly stamped and signed for your records validating any debt outstanding.

Yours Sincerely

Connie Smith.

I am a bit concerned as this crown letter and the copies they have enclosed are for someone entirely different!! They are regarding someone called Tina. They have sent me copies of her recent credit card statements (which has her card details, balance info address etc on it!) and a copy of the credit card request form (which they appear to have filled in themselves as it's not signed and it's written in pen and not a copy) with her address details on it!

Surely this is a breach of data protection??? What should I do?? Should I write to her to let her know? Should I inform HSBC of their stupid error?? ARRRGGGHH!!! Could this potentially work in my favour???

Sorry this message is a bit long and detailed but I want you to see what I'm dealing with. I would have scanned the letters but I don't have a scanner.

Your advice is appreciated!

Many thanks

Amy

[GeoffD]

Crown Legal Services may possess an official sounding appellation (they can't use proper grammar) and have worded their letter to cause intimidation but from what they've written I believe you have nothing to worry about whatsoever in terms of your alleged debt as you already have them in tacit and they've now admitted to reconstituting your original application!
As regards the information they have supplied then yes I believe you would have a case for reporting both HSBC and Crown Legal Services for breaching the Data Protection Act and personally I would respond along those lines but I am sure others may suggest another approach.

[Grrr42]

Crown Legal Services may possess an official sounding appellation (they can't use proper grammar) and have worded their letter to cause intimidation but from what they've written I believe you have nothing to worry about whatsoever in terms of your alleged debt as you already have them in tacit and they've now admitted to reconstituting your original application!

Thanks... Any other thoughts on this anyone?
Technically they haven't admitted to reconstituting my original app as the crown legal services letter was also regarding Tina and not me. Only the covering letter HSBC sent was actually addressed to me.

Some advice on how to phrase my letter of complaint (if you think that's the best thing to do) to them regarding breach of the DPA would be appreciated.

I will send them an invoice as mentioned in my letter 3 aswell.

Am now starting to wonder if they were supposed to include my original agreement but have sent that to someone else in error too!!

[ceylon]

i would also photo copy the documents and send them on to whoever they were for explaining that they have broken dats protection and all as well, even though most times the onbudsman dont do much on this occasion they may just act in you favour

[Grrr42]

Cheers both of you.

I have been looking at the ICO website, although I wouldn't be entitled to compensation as I haven't suffered financial loss due to the DPA breach, HSBC are in the wrong and it will create them shit if I report them... Anything to bring the Schweinhunds down a peg

[Grrr42]

I have now invoiced HSBC for them writing to me since my 3rd letter, so will see what happens now!

Also I have written them a seperate letter regarding their Monumental Cock up (sending me someone else's credit card statements etc) and have informed the lady who's info I got. Hopefully HSBC will be pooping their pants too much to bother me again.

I have threatened to report them to the ICO if I don't get a satisfactory response.
I think I might send a copy of my DPA letter to the CEO aswell, just incase the woman who cocked up tries to cover it up by convieniently chucking my letter in the bin MWUUUUHAAAHAAAAHAAAAAA

[doug26]

Hi Grr42
What was the outcome on this?

[GANGSHIELD]

Did you report them showing copies of the letters/statements etc, if the ICO do their usual by saying to HSBC etc naughty naughty, and reply to you that HSBC etc apologise and have identified errors corrected now