Advice Please

KIMY

I have done a lot of posts on here and had some brilliant advice with my claim however my claim against HFC has been with FOS for over 14months and with a adjuicator since APRIL. HFC state they destroyed all my paperwork but l was given all info on account numbers, PPI, settlement figure over phone. I requested a SAR in April 2010 and was advised in June 2010 could not have as over 6 years old, l then sent in claim for misselling PPI with all details admitting l did sign but only because on both loans (15k in total) they would not be approved unless l had PPI. They have not communicated with my adjuicator only to state they have no records she said she was waiting to 31st August as HFC where busy with looking at claims.
As l was so frustrated l wrote to CEO and last week received a letter stating they apoligise as l should not been given information over phone and they had destroyed my paper records in July 2010, to me this surely is wrong as they did have them when l sent SAR and destroyed after request. I believe they still hold all info electronically and know exactly all my account details.
My frustration is my adjuicator says she will now after nearly six months request transcripts of phone conversations with HFC but due to HFC being so busy l have to be patient. Dont want to seem rude but you think she worked for HFC. Also in letter l received it stated they would not tell me the descision on PPI they would only deal with FOS, and she states they have not corresponded what do l do ? Just wait or what can someone help.

magpiecottage

Once a case has gone to FOS then HFC will normally only deal via FOS.

However, it is unlawful to destroy personal data that has been requested under a Data Subject Access Request until that request has been dealt with.

If you have not done so already, make FOS aware of this. You may also wish to make a complaint to the Information Commissioner about the destruction of your data. If that complaint is upheld it may reinforce your position with FOS.

KIMY

Many thanks magpiecottage, l have scanned the letter over to my adjuicator which clearly states that l requested SAR on 28/04/10 and they now have no paper records as on 10/07/10 they destroyed. To be honest my adjuicator did not seem concerned with that only the fact that on 28/04/10 they gave me all information over the phone. I have spoke to ICO and they have stated if they had my records at time of request they should have legally supplied them to me. Do you think l should email my adjuicator and tell her.
As l said earlier l know how busy she is but she does not seem interested

magpiecottage

I would take the complaint to the Information Commissioner as if that complaint is upheld then the position with FOS becomes weaker, although they do not seem able to take in the broader picture at FOS.

lashes123

Im currently looking into ppi claims back from club la costa for my parents as they were told they couldnt have the loan from them if ppi wasnt on, we all know this is not the case.
At the minute ive located paperwork from GE money the finance company CLC has used but ive read that GE money arent who i need to complain to as the "sales man" was a clc employee.
Help, where do i start?

KIMY

magpiecottage wrote: »

I would take the complaint to the Information Commissioner as if that complaint is upheld then the position with FOS becomes weaker, although they do not seem able to take in the broader picture at FOS.

Many thanks, but dont mean to be rude but dont quite understand, shall l contact ICO and tell them that l have it in writing that they destroyed my paper records after SAR was requested and should l let my adjuicator know. With regards in relation to the sale of PPI they state they will only deal with FOS which is correct but surely my adjuicator should be senting them a timescale for response.
I dont mean to sound impatient but my adjuicator really seems to not be very responsive and not interested.

KIMY

Bringing you up to date spoke to ICO they have siad they think l have enougth evidence to lodge a complaint, they also advised me to let my adjuicator know.
I called her and to be honest l am gobsmacked her response was " yes we know we have several other complaints against HFC in which they have destroyed data after SAR requested using 6 years" l asked her had she had any response fro them and she stated " no" l then asked if they keep ignoring FOS are they set a timescale and she said "l dont think so, we will just have to hope they do come back to us in the next few weeks". What do you think of that, her lapse attitude and what appeared to be lack of knowledge or experience was quite alarming.