Hey Towelie....good to see you are making good use of the link i sent you lol You are correct in thinking about the Data Protection Act request being on an individual rather than the specific accounts, check here : http://www.opsi.gov.uk/acts/acts1998/80029--b.htm#7 Under S7 (3) it states: A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks. So if you write DPA request to branch, and provide them with previous address and dates which you stayed there, then i cannot see why they can deny you it.........they may need to confirm you are who you say you are by means of ID.....but if you are who you say....then that shouldn't be a problem ....but then again, you have another stumbling block......Section 4 states: "Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request unless- (a) the other individual has consented to the disclosure of the information to the person making the request, or (b) it is reasonable in all the circumstances to comply with the request without the consent of the other individual. " So you may need to ask your ex to consent to it..................

yeah i think it's called 'offset' .....the Halifax done exactly the same with me.....

no probs.........i am on third and final claim with halifax......paid out others no probs...if you need any help whatsoever gimme a shout, i am only too glad to help out.....on one condition though....and this condition is non negotiable....when you do receive settlement, you MUST go out and get bladdered and have a drink for me when you are out........ Good luck again Scott

did u happen to see the sticky at the top of Scotland section.....i spent ages writing it....and it shows clearly on there m8.......it should be £750 plus 8% interest plus fees

I put the date from when my claim started...ie sometime beginning of 2001...(5years limit) but if you know date then put it in.... Also don't submit more than 1 claim at any one time....otherwise the bank can ask court to 'join' the claims...which takes it out of small claims court....which means many changes to costs etc

i am in the same boat as you m8.....never asked for it.....check out my thread.......i am now due to submit court claim for PPI...roughly about 800 quid.....looking forward to a battle

i am gonna put in my 3rd and final claim.....then get that paid out.....then i am gonna try going back further than the 5 year point.....i am gonna try using the argument that 'the banks knew that these charges were unlawful many years ago, yet concealed it from me, therefor period of limitation doesn't apply' Don't know if i will get anywhere but we will see

They have just paid out my 2nd claim for £747 plus int plus fee yippeeeeeeeeeeeee

That isn't quite correct.....if you issue a small claims...(i have just had my 2nd claim settled from Halifax)....then the court server summons etc...and deal with everything.....whereas £750 to £1500 is dealt with under a 'summary cause' where you are liable for a lot more paperwork, fees, (and defendants expenses should you lose - Max £500) Above £1500 you would be advised to get a lawyer involved I have stuck to the small claims....first claim was paid within 20 days of it being issued....2nd claim has just been settled today (less than 10 days since serving summons) I would be more than happy to answer any other questions if you pm me...also check out my sticky post at the top of scotland section for filling out claim forms

even if i did that...i definitely wouldn't own up to it....especially here I think i have just wet myself.............lol

i dont mind them putting something in the whisky...as long as it's more whisky !

Sarah Green works with Halifax's Legal dept...they phoned me on my mobile...several times...'withheld number'.....eventually i decided to answer it.....then she spouted forth with her legal jargon....trying to intimidate me i think....but it didn't work !! so i will be expecting a similar call this time...... They must know by now.....don't upset a Scotman......especially where money is concerned !! lol

yeah i have just submitted my 2nd claim against the Halifax....was issued on the 24th........so we will just wait and see.......but if my recent telephone conversation with Sarah Green was anything to go by, i wouild expect payment within 2 weeks.........she said to me that they weren't going to court because it's small claims and they couldn't recoup their costs........then she tried to say that she didn't have to pay interest....so i informed her that if she didn't pay full amount, plus interest, plus fee, then i would see her in court......she got kinda flustered, and told me they weren't going to court........they want to avoid court at all costs....small claims is just an excuse for them....i even offered to put in further claims through fast track procedure (limited costs to succesful party of around £500)..hee hee....she still didnt exntertain me !!

You have received a reply regarding manual intervention.....it may not be what you want, but they have answered it, and as such i would be suprised if they could use this in court now. If they did, then you could argue that if they had the information to hand, why didn't they provide it under the DPA. As far as i am aware the period of limitation is 5 years in Scotland....i tried for 6 years...but the clerk at the court told me to alter it to 5 years......so it may be worth a try for 6 You can go for a 'summary cause'....but rules are different for small claims track...including being liable for other parties costs if you lose (think it may be limited to £500 but not sure) The £750 limit is for claim only....ie max £750 claim, plus 8% interest plus £39 fee...my 2nd claim is for a total of £869 No probs m8, if you need any other help let me know

the period of limitation is different up here to....you can only go back 5 years

yeah.....they offered 732 as full and final for total amount of 2116...i said thanks...but no thanks....gonna pursue you for the full amount......submitted first claim....they paid out...i wrote and thanked them and stated that the next claim would be served in the next few days.......i will wait on them paying that out...then so on until full amount is retreived

Well....my total claim is for £2116...they offered me £732 as full and final....i put my first claim in for £720 plus 8% plus fee......3 weeks later they coughed up.....second claim submitted yesterday.....expecting the same to happen.....so chances are the court won't even see their offer.....not that it matters anyway

It may well be a stall tactic m8, but if it was me....and there was indeed a discrepancy in your name.....then maybe a quick letter to advise them that under the circumstances you will allow a further 'x' days in order for them to deal with it(maybe 5 or 7 should be ok)....if nothing else...at least if you get to court....the court will see that you have been more than reasonable in allowing further time....but then again...if they have had contact with you prior to LBA regarding the claim...then they could just be stalling......so if it was me i would tend to stick the claim in as per original timescale..... But remember.....this aint my claim......lol

survey is done.......donation will be on its way from next claim....this one just managed to pay off my overdraft

Well an update folks: Received a call from a lovely woman from the Halifax on Wednesday night, she explained that 'due to commercial reasons' and 'without admitting liability', and as a 'gesture of goodwill' they will refund me £730 plus 107.31 interest, plus £39 fee.... Money was paid into my account on Thursday morning YIPEEEE Next claim here we come !

I had exactly this problem with Telewest....they put a £10 charge on my account for late payment...phoned them, and explained if they dont remove it then i will be looking elsewhere for my tv, phone and broadband package (currently 60 quid a month)...and also taking court action to retrieve the penalty charge...the guy removed it without any arguments

They will want you to agree that its in 'Full & Final Settlement of this and future claims' or something along those lines..... Then when you refuse, they will withdraw the offer, and then you will have to raise a court claim.....so it's entirely up to you, but i replied to them with 'Em.....NO DEAL !'

you obviously aint looking very good m8....i have made up a sticky post with all the details you need...at the top of this forum.....: http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6165 this should answer your questions Scott

M8.......a valid point here........In Scotland the statute of limitations is 5 years...not 6 as in England.........

Have a read of this: http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6165 also to answer your question of how would you let bank know...here's how i done it: Initial request for payment sent for full amount (£2116), Letter Before Action sent stating that as there were 62 seperate breaches of terms & conditions, that rather than submitting them seperately, and to make best use of the courts time etc i would be submitting them as follows: claim 1 is for period 1/1/01 to 1/1/03 totalling £731 plus interest plus court fee....£856 approx....2nd claim will be for etc etc Hope this helps