halifax default credit agreements**WON**

[postggj]

cx

[postggj]

[postggj]

quick question

just received acknowledgement for my sar from hbos.

it states it will release information i am entitled to receive.

is this around about way of telling me certain info will be with held (clever wording) or is it all info they have on me they have to release

 

many thanks

[postggj]

ok people this is interesting

halifax on the phone agreed to remove default (call recorded ) 27/08/07

one week later default still there, halifax denied conversation took place till i sent transcript/recording to them.

requested halifax own recording, they said was authorised 4/09/07

i never got it despite repeated requests.

on the 23/10/07 i sent second subject access request detailing my conversation and recording.

bear in mind i made an official request on the 4/09/07 for this information.

called the bank today as still not received my sar.

they state

the data recording has been deleated as it is company policy to do this after one month.

they received my sar on the 24/10/07, confirmed by royal mail track and trace, but have only cashed my check last week.

 

comments please

 

typical hbos

[postggj]

comments

[postggj]

comments

[postggj]

my sar with hbos expires on monday,

ive just phoned them, and my opinion is that they have deleated the phone recording after my official request was made. this recording is very damaging to them.

what are my options

[postggj]

Any Comments

[postggj]

Bump

[postggj]

anyone

[postggj]

ok people, just had it confirmed from hbos

the telephone transcript requested in my sar has been deleated three weeks after my official request

like i said this is very damaging

 

suggestions

[postggj]

i realy need some help hear as i am about to issue court claim against hbos. to cut it short hear are the details

 

1/ the bank has addmitted it has no cca

 

2/ in my sar no record of default notice or that one has been sent out

 

3/ after an official request for a call transcript , very damaging, i was informed 3 weeks later tape was deleated. need to get this right, whats my best coarse of action

 

many thanks

[postggj]

all i am after is the default removed

the bank are saying the default is not an enforcement action, but the start of recovery as i have not kept t&c with the bank

[postggj]

bump

[postggj]

had enough of hbos

n1 claim went in today

[car2403]

postggj,

 

Firstly, I think your thread is in the wrong place - general debt is a busy forum, hence why I think no one has "been in" to help out. I can't presume to tell you what to do, but my suggestion would be that you ask a site helper to move your thread to the Default/Legalities Sub-forum as it's more relevant to your issue. Just my opinion though... Either way, I'm happy to lend a hand here, if I can!

 

I have a LOT of these types of claims ongoing - most of which are beyond the N1 issue stage. You may want to have a look through my threads to see what is going on with those, as I have some in similar (though not exactly the same) situations.

 

I know you've already sent your claim form off, but can you post up what your POC were?

 

Have you had notice off issue of the claim from the Court yet?

 

Has the Court cashed your cheque, if you sent one?

[postggj]

thanks for the input

have held off on n1

thought i would give hbos a last chance

i need a real good argument

thanks

[car2403]

Ok - I was only asking because, had you issued already, you may have been able to request the Court ditch your N1 and send a new one. (had the POC not been correct)

 

So, do you have a letter from HBOS saying "we do not have an agreement"?

 

Do you have proof of postage/receipt of your SAR letter? Have they cashed your cheque, if one was sent?

 

This sounds really straight forward - so, I'm thinking, Court action may not be necessary! You clearly have a case that can to to the Financial Services Ombudsman (enforcing an agreement by Defaulting you when no agreement exists) and the ICO. (Processing inaccurate information under the DPA with CRA's and ignoring a SAR request)

 

Are there other issues bubbling underneath though? For example;

• Have you claimed against them for charges/fees applied to the account?
  
• If they can't prove they have Defaulted you correctly, or the Default amount (if any) included charges/fees, you can claim they have unlawfully Defaulted you, as there is no agreement and any Default amount is inaccurate due to charges/fees. This can give you a claim against them for negative effect to your credit rating; see here

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/115630-pricing-default.html

 

The question is - do you want to go to Court to reclaim everything? (Damages for unlawful Default, possibily reclaiming everything you've paid them as there is no agreement) Or, do you simply want the Default removed?

[postggj]

the account was defaulted for about £900

when i did my sar i did not ask for repayment of penalty charges, they must have assumed why i wanted my sar. without asking they are refunding £450 as a good will gesture.

all i am after is the default removed

everything sent by special delievery and have correspondents from hbos about no cca, and return of charges

[car2403]

"Refunding" not "have refunded"? Have you signed anything to say you are accepting this "offer of good will"? Is this offer in full and final settlement of claims on your account?

[postggj]

to this day i have not accepted there offer, i know accepting will make removing the default very hard, bank has given eight weeks or considers matter closed

[postggj]

have so far rejected offer

[car2403]

all i am after is the default removed

 

Ok, what is your preference then - Court or FSO/I.C.O.?

 

Court will cost and may slightly take longer, but you could get damages along the way.

 

FSO/I.C.O. is free and slightly quicker and should be a done deal with no agreement. (It will also cost the Bank money to have the FSO investigate, which could get them to remove the Default quicker in settlement, I'm thinking?)

[postggj]

pref not court, have one claim allready against a finance compant

ico or fso i think

many thanks

[car2403]

Ok, so visit their websites;

 

Financial Ombudsman Service

Information Commissioner's Office - ICO

and complete the complaint forms - basically outline what you've said on this thread already, as it's clear to me what your issue is and should be to them too. You will need to send copies of all documentation, along with proof of postage/receipt you have, as attachments.

 

The ICO website is good because you can submit all this online using their form. The FSO is still in the dark ages and you have to print/sign their complaint form, then post it with the documentation you have.

 

I think the ICO won't be much help, as they tend to take the view that "a debt must have existed as you received credit from the bank and made payments, so no breach in DPA" - this is completely wrong, IMO. They should tell the Bank to comply with your SAR request - although they can't force them to comply. (Only a Court can do that, I believe)

 

You should get a better result from the FSO though.