halifax harrassment most foul. help me

[leeds1]

i am in despair after the way i have been and am being treated.

my complaints to head office have been ignored and i have been treated like a nobody.i have received hundreds of calls, often abusive. i have some recordings. i have received far too much correspondence, often contradictory.my account has been stopped and started at least 5 times since xmas. my account and card were stopped and i had no access to any information. i have been lied to, let down and mislead. my o.a.p. parents have also had calls. a default notice was sent to their address, not mine. i am in total confusion of what to do or if the notice is still valid as i had my account reopened due to it been not my fault. now it has been stopped again.i feel i am being stitched up by them. i need a dsar of all calls and recordings but dont want to mess up. i need legal advice but dont know where to go. i have a strong case for harrassment. i have run out of space to type more. this has made me ill. i have records going back to 2003. can anyone help me?

leeds1 x

[Mamie]

Hi and welcome to CAG first read all the FAQs then start a new thread in the Halifax forum, you will get all the help you need there.

 

http://www.consumeractiongroup.co.uk/forum/faq.php

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/

 

hope this helps, good luck.

 

Mamie

[freakyleaky]

Your thread will be moved to the Halifax forum shortly.

[elsinore]

Thread moved.

 

Els

[sea-sidelady]

The first thing you should do it to get all your information from them.

 

Send the sar letter with a £10 cheque, it normally takes up to 40 days to receive them.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

[leeds1]

thank you for you help so far.

i feel i am up againt their legal department (i was told that they would have to refer my complaint to their specialists)

the dsar is so important to me as my issues regard harrassment. my evidence is in their calls and their correspondence with me.

can i ask for a copy of calls made to me or from me?

it says on their leaflet regarding compalints that all calls are recorded.

they have sent me a letter in response to my complaints and have ignored or fobbed off most of my issues.

when they sneakily wrote to my parents,they gave me until 22 january to pay into my account but when i went down my account was already suspended. they refused to let me pay in. is this legal?

over and over they have treated me like this. i am worn down.

i searched the internet regarding harrasment by banks and there is very little information available

i spoke to the solicitor in plymouth who took halifax to court and they want me to send all my documentation and transcribe the calls.

sounds expensive. what can i do to prepare a case so there is less cost involved

can i take halifax to court for harrassment and would it be civil litigation?

should i wait for them to take me to court? i dont even know if the default notice is pending or cancelled as there is no mention of most of my complaints in the halifax letter i have just received. will my parents house be blacklisted?

i am unsure what i should be doing but i think the dsar is very important. i feel i have to be careful about wording.

i will use the template provided but i want a record of calls or recordings kept on record and as there are not many posts regarding harrassment by banks, i am unsure how to proceed.

once again, thank you for your help so far.

xx

[leeds1]

in 2006 the first bout of phone harassment started by Halifax. it was their mistake. i was stressed and angry. calls to my mobile and house phone from a recorded robot forcing me to hear their annoying message. ringing back over and over to both my phones. i was fuming and rang head office to complain and to tell them i was harassed before by an ex and had serious issues with telephone calls and did not want to be contacted by phone as it made me ill.

the woman i spoke to at Halifax apologised for thier mistake and told me she had put a note on my file to not call me by phone at all. i was assured it would not happen again.

i have gone through my account statements and can prove i was not over my overdraught or anything at the time of the calls.

i have searched my home phone records for proof of the calls i made to Halifax to complain.i don't make many calls as i don't like phones much so there aren't many numbers to check. i have found a number but dont know if it its theirs.

i have applied twice to BT for a complete S.A.R - (Subject Access Request) which would show calls made and perhaps calls received but am still being messed about by them and have twice been given minimal and incomplete data.

 

i am also applying to BT for a SAR for my parents BT number which will prove telephone harassment by Halifax to them.

 

the number i have on my bill is 01422 305163.( 2 calls made between 12/18 sept 2006 ) i am pretty sure it is the right number. i have rung it but it is a dead number. halifax now use 0845 numbers so this would confirm to me that it is their number.

 

if i could prove this is them, it would show that they have been contacted before regarding harassment. it could prove that i have had more episodes of abuse by them and also that they have witheld written data of my complaint in 2006 and not provided me with complete phone records on this seroius matter.

 

2007 - 2008

the phone abuse started again late last year. witnesses were angry and amazed. i was given a phone around xmas and started recording the abuse. my account was siezed, stopped, started, stopped,started. i was bombarded with mail. not allowed to pay into the bank or withdraw money. this had a knock on effect. i couldnt pay my bills or into my accounts which caused me more stress and more letters. my complaints to Halifax were ignored, as were my parents complaints when the abuse was directed at them at their address. i didn't exepect it to go on for so long. i have been made ill by fighting this. i am embarassed by the recordings made but they show partly what i was going through by trying to stand up for myself and have my basic human rights respected.

 

02 are useless and say they dont keep phone records to mobiles. i beleive they do, but this is only accessible by police and government bodies.

 

i have been put on sick because of this harassment by banks. my doctor says i have stress. i feel i have been blown apart by this and my life has been turned upside down.

 

i feel very strongly about this. i will not give up and will take it as far as i possibly can to get justice and and expose them for what they are.

 

i have applied 3 times to Halifax for data now. they have sent me partial phone records and are now saying there are no records available. i have sent another e mail ( which was provided to me by CAG ) and am waiting for their reply.

 

LLoyds have also been ringing me for the last year.i have data issues with them. i have some new recordings of them which are equally abusive. i am applying for another SAR from them. i have started a complicated letter to send requesting data and a record of calls. i have 3 accounts with them. i will post it on here later, if you wish but am trying to stick to the basics and keep my posts short for now.

 

this is a brief and partial description of some of the things i have endured so far at the hands of those mercenary bankers.

 

Amanda

Edited March 4, 2009 by leeds1
too much unnecessary waffling

[steven4064]

Just to highlight one thing Amanda said - she has extensive records of the harassment she has been subjected to including excellent recordings which have been typed up as transcripts.

[leeds1]

they sent me a partial SAR with two transcripts of calls and lists of well over 100 calls made to me.

when i wrote back and requested a complete SAR, they said they have no record of any calls. i beleive they have destroyed my data records.

i have written again and am waiting for a reply

i have had my recordings transcribed. i went to the library to print them off but didnt have the cash on me to pay for the 100 pages.

i have recordings going back months stored on my mobile phone

i have letters from them which are flawed with contradictions, let downs and lies.

every single thing i have done to sort this out has been ignored or mishandled and i have the proof in recordings or in black and white from them. over and over.

my parents put in formal complaints too. they were ignored.

if i didnt have these recordings, i would have absolutely no chance of fighting them. i didnt expect it to go so far but by doing so, i have accumulated a lot of evidence.

[leeds1]

here is part of the e mail which was sent to Halifax nearly two weeks ago.

 

I sent your organisation a Subject Access Request under section 7 of

the Data Protection Act 1998 on 06.04.08.

Your response to my request was inadequate,

 

I am giving you a further 14days to send me copies of all records you

hold of which I am the subject. If you fail to do so, I will begin

proceedings in the County Court because of your non-compliance with

the requirements of section 7 of the Data Protection Act

 

their time runs out tomorrow.

 

i have been to court and have collected a claim form.

 

i dont know what im doing so i will need help to fill it out. im not familiar with courts or law, just the basics, i think it is time to speak to a solicitor as i would be foolish not to.

 

do you think i should wait? i havnt had much feedback on here yet.

 

Amanda

[steven4064]

Amanda

 

Here's the standard particulars of claim http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

This is what goes either on the claim form or attached to it.

[leeds1]

well..

Halifax have once again totally ignored my correspondence.

nothing new there.

although i have recently been sent two letters from a solicitor of theirs warning me of impending court action.

so today i spoke to a solicitor who would like to take this on.

he is familiar with HBOS and they will also know him.

there is also a barrister who could be involved who specialises in harassment law.

im not sure if this might change things but i need all the advice and support i can get and plan to meet in the next couple of weeks to discuss things face to face.

 

Amanda

[leeds1]

Macbeth

 

i found this recently. someone else with extensive records of phone harassment.

it is really worth reading for various reasons and could have relevance to how the banks may be getting away with call centre abuse within Ofcoms regulations.

[leeds1]

i also found this interesting. i have copied a small part of the report. you can find the full article here

 

CIOT - Customs bank on the Halifax

 

Customs bank on the Halifax

by Technical Department at 00:00 23/07/01 (Technical Articles)

Article by Stanley Dencher, Senior Technical Editor, Croner.CCH Group

Ltd, published in the July 2001 issue of Tax Adviser.

Customs are apparently involved with several test cases in the

campaign against VAT avoidance. One such case is Halifax plc No.

17,124.

 

The Halifax's supplies are generally VAT exempt because it is a bank

(VATA 1994 Sch 9 Grp 5). During the relevant periods, its VAT recovery

rate was under five per cent. For the purpose of its banking business

it needed to construct call centres. If it had directly constructed

the call centres, most of the VAT on the construction costs would have

stuck. However, it used a scheme which involved three other companies

and which used the standard method of calculating a partically exempt

person's recoverable VAT. If the scheme had worked, the Halifax and

the three companies would together have recovered all of such VAT

which amounted to over £5m. Each of the three companies was separately

VAT-registered and was a subsidiary of the Halifax.

 

 

 

i also beleive call centres abroad are not covered by data protection regulations. i wonder if it is practice for banks to use companies that are not covered by banking law or data law but say they are ringing from Haifax bank etc. can they legally delete personal (and evidential) records when they pass on the details of the customers to these other companies?

Edited September 11, 2009 by leeds1

[leeds1]

Responses | Ofcomhbos.pdf

 

interesting reading regarding the misuse of electronic communications and the minimal complaints received (or acknowledged)

[leeds1]

please could you send me a copy of the sound recordings you made from

my phone as i have only received the transcripts so far.

 

i have been in touch with a solicitor and i would like him to hear the recordings.

[steven4064]

Amanda

 

I don't have your e-mail address - PM me with it and I will send you the recordings

 

Steven

[leeds1]

thanks Steven - i have sent you a PM.

 

also can anyone confirm if this was a Halifax Bank tel no 01422 305163.

there seems to be no trace of it anywhere and the line is now dead.

 

Amanda

[leeds1]

the telephone harassment has been aimed at me on my mobile and old landline number at this address.

i was surprised to find they started ringing my parents at my old address and asking for me. i was more annoyed that they carried on for months despite formal complaints from my parents.

 

i also applied three times for a SAR giving details of calls made but they have never given me any details of any of the times they called my parents on their number.

 

my parents are both Halifax customers but if they applied for a SAR, it would only refer to their accounts and not acknowledge the times they have rung and asked for me there.

 

even though i asked for a record of the calls made to my parents number, i wasnt given the information.

how do my parents, or myself request that list of calls from Halifax?

 

are they going to say it is not my number and it is nothing to do with my parents accounts so the informaton is unavailable?

 

i think this is a common mistake by the call centres and a template letter or letters would be helpful, not only for me, but others as im sure this will crop up a lot.

 

Amanda

[ukaviator]

If you need something here is one i did a while back Amanda:

 

 

Dear Sirs

Harassment by telephone Letter

FORMAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

Account Number: XXXXXXX

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving x number of calls every day / week.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you may be liable to a substantial fine.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure. I now require all further correspondence from your company to be made in writing only.

Be advised that any further telephone calls from your company may be recorded. If you arrange a “doorstep call” , i will not speak to the person sent by your company. Please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Take note that I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass.

You would also be conspiring in a trespass if you sent someone to visit me, and should it be necessary, I will obtain an injunction against you.

 

Yours faithfully, (Don't Sign)

 

[ukaviator]

There is a Template one here also Amanda:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[steven4064]

And here is one I wrote when Barclays kept phoning me to speak to my son who no longer lives with us (He is over 30 just in case you thought....never mind )

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1513896.html

 

It produced instant results - a phone call saying they had taken my number from their system

[banker_rhymes_with]

Hello Amanda!

 

also can anyone confirm if this was a Halifax Bank tel no 01422 305163.

there seems to be no trace of it anywhere and the line is now dead.

 

I just tried Google and whocallsme and the number does not come up.

 

I think you'd need to contact BT to see if they can confirm if this number was ever allocated to them, but no doubt BT will claim some Client Confidentiality clause or other!

 

Sorry this is no help, so far.

 

Cheers,

BRW

[steven4064]

I discovered something very interesting - reverse lookup of telephone numbers is actually illegal in the UK

[banker_rhymes_with]

Hello Steven!

 

I discovered something very interesting - reverse lookup of telephone numbers is actually illegal in the UK

 

That doesn't surprise me! Better we keep that one quiet and off the main CAG Forums, or else the bankers will be aiming to shut down sites like whocallsme!

 

Indeed, I have a sneaky suspicion whocallsme is not based in the UK, which may be deliberate.

 

Whocallsme:

 

whocallsme.com name server ns43.domaincontrol.com

whocallsme.com name server ns44.domaincontrol.com

 

domaincontrol.com IP = 68.178.211.104

 

whois -h whois.arin.net 68.178.211.104

 

OrgName: GoDaddy.com, Inc.

OrgID: GODADAddress:

14455 N Hayden

Suite 226City

Scottsdale

AZ

US

 

Yep, they are in the USA, which may avoid any of the UK issues!

 

Cheers,

BRW