halifax harrassment most foul. help me

[leeds1]

thank you.

[leeds1]

im almost 100% sure that the number is a Halifax number.

not keen on phones, i make a minimal amount of calls so it is very easy to check my records of calls.

also that is the only Halifax area code number on my (house) phone records.

 

it seems more criminal for people or businesses to be able to disappear and thereby alter available records by changing thier number.

Edited September 11, 2009 by leeds1

[leeds1]

i spoke to the solicitor but dont feel any clearer on things.

he said i probably wont qualify for legal aid and, tho he didnt really go into my situation, he said it would be a no win no fee situation if he took it on.

he wants me to wait until february when the other case is heard. that is when he intends to look at my case. i dont think he has read the transcripts yet.i asked if i could start my own proceedings through county court and he said i could but i would need specialist help to do it.

he sent 2 letters to them ( BOS and HBOS plc - the same letter) saying he is in the process of reviewing papers and asked them to desist from contacting me. it also said "further contact may result in injunctive relief proceedings without further reference to you"

they sent back to me saying they will not deal with him unless they have a signed letter from me giving my permission for them to discuss my data with him.seems a bit one sided as they have no problem passing on my details to other random companies of their choice.

i have had four letters from the bank since then.

i have not signed anything to say the solicitor will be acting for me yet.

so, can i get the ball rolling and put in a county court claim?

would someone be prepared to help me fill in the forms? i dont have the confidence myself. i am happy to drive and meet up and am based near Leeds/Mancheser area. or someone could come to my house and go through things with me.

i know it is only a form but i really dont want to get it wrong and am intimidated by it.

 

Amanda

[leeds1]

i noticed that they had also been harassing, by phonecalls, the daughter of the couple from manchester (the cancer patient).

 

could this be another technique they regularly and knowingly use with regard to harassment of people and their families?

do the innocent other family member/s end up blacklisted and do their details get given to other companies also?

[steven4064]

AS I said before, legal aid doesn't come into it if you are a litigant in person.

 

We will certainly help you do the forms- they are not a great problem, especially with the evidence you have. In order to fulfil the 'pre-action protocols', though, we have to send another letter to them and give them 14 days to reply. If we do that letter this week, we will be in a position to file in court in the first week in January.

 

The letter we would send would be based on the one I posted last week http://www.consumeractiongroup.co.uk/forum/telephone-harassment/172515-proposed-letter-before-action.html

 

Have a look and see what you think. I hope to talk to Marc today or tomorrow about the exact tactics. he may well want to be involved in your case personally. Certainly, if it ever gets to court, one of us (or someone else from CAG) would certainly want to come.

[steven4064]

It's something we have seen a few times, not just HBOS either. It is well out of order - the OFT guidelines say so.

[leeds1]

good, that is what i wanted to hear.

 

 

 

i have read the letter before action and will save it to my desktop ready to complete.

 

 

Amanda

Edited September 11, 2009 by leeds1

[steven4064]

I have spoken to Marc and we are going to discuss the actual level of compensation to ask for later. In your case, we also need to add the stuff about their non compliance with your DPA request. I'll try and do a difinitive version tonight so you can send it off.

 

Steven

[steven4064]

Amanda

 

Here is my draft letter before action taking into accoun the comments on the other thread

[Your address]

 

 

Optima Legal Services Ltd,

Arndale House,

Charles Street,

Bradford,

BD1 1UN

 

[date]

Letter Before Action

Dear Sirs

Halifax Bank

 

I had an account number XXXXXXX with the Halifax Bank.

 

During a period of [x] months (Month1 to Month2), your client, Halifax Bank, has telephoned me [y] times, sometimes as many as [z] times a day, demanding payment of the above account. Your client even went so far as to telephone my elderly parents a number of times. This only stopped after I wrote to your client on [date].

 

Quite often these calls to me and my family were aggressive or rude and the sheer number caused me and my family severe distress - I have been diagnosed by my doctor with a stress-related disorder as a direct result.

 

I am certain that any reasonable person knowing of the volume and nature of your client’s calls to me would consider that these calls amount to a campaign of harassment against me and my family.

 

I have repeatedly requested both verbally and in writing that your client communicate with me only in writing, as is my right.

I have a record of most of the calls and recordings of many. On [date], I wrote to your client under s7 of the Data Protection Act 1998, requesting a copy of their records relating to this campaign of harassment. As you are aware, the statutory period for a response to such a request is 40 days. Despite my reminders, your client has failed to provide any information apart from a single transcript. I know from my own records that they must have much more data of which I am the subject and only surmise that their failure to supply it to me is a deliberate attempt to cover up this campaign of harassment.

 

What I require

 

This letter is to request that you act on behalf of your client to achieve the following:

 

1. Your client gives me a written undertaking that they will cease their harassment and not contact me again concerning this debt;

 

2. Your client gives my parents an apology and a written undertaking that they will not be contacted again at all;

 

3. You client compensates me and my parents for the distress caused by their campaign of harassment – at this point I leave it to you to suggest a suitable amount; and

 

4. Your client fully complies with my Subject Access Request under the DPA 1998.

 

I will give your client until Monday 5 January to respond positively to this request. Failing that, I will commence proceedings in the County Court for

 

i) An order of the court that your client should comply with my request under s7 of the Data Protection Act 1998,

 

ii) Compensation under s3 of the Protection from Harassment Act 1997 for the distress caused by your client’s harassment of both me and my elderly parents, and

 

iii) A restraining order under s5 of the Protection from Harassment Act 1997on your client to prevent them contacting myself or my family,

 

without further correspondence.

Yours faithfully

 

[You]

If your parents object to the description 'elderly', you should remove it before they see it Edited December 16, 2008 by steven4064
formatting and corrections

[BankFodder]

I am certain that any reasonable person knowing of the volume and nature of your client’s calls to me would consider that these calls amount to a campaign of harassment against me and my family.

I would suggest that instead you tell them that you have already supplied copies of the recordings for several person to listen to and that they all agree ... blah blah.

 

This letter is to request that you act on behalf of your client to achieve the following:

 

They won't take instructions from you in this way. I would suggest that you assume that they are acting for the bank and merely say that you require 1, 2,3 etc.

1. Your client gives me a written undertaking that they will not contact me again concerning this debt;

I suggest that the undertaking is that they will not contact you by telephone about this or any other matter. - ditto, the parents

 

You client compensates me and my parents for the distress caused – at this point I leave it to you to suggest a suitable amount.

- n. You make to my parents an immediate and realistic offer of compensation

n. You make to me an immediate and realistic offer of compensation

If you do not comply with these requirement by XXdataXXX then, ....

iii) A restraining order under s5 of the Protection from Harassment A

Not a restraining order - just an order.

[BankFodder]

I think that it might be worth emphasising that they will be facing two legal actions.

 

Also I think that your list of requirements shoujld also include full and immediate compliance with the SAR

[steven4064]

Revised version

[Your address]

 

 

Optima Legal Services Ltd,

Arndale House,

Charles Street,

Bradford,

BD1 1UN

 

[date]

Letter Before Action

Dear Sirs

Halifax Bank

 

I had an account number XXXXXXX with the Halifax Bank.

 

During a period of [x] months (Month1 to Month2), your client, Halifax Bank, telephoned me [y] times, sometimes as many as [z] times a day, demanding payment of the above account. Your client even went so far as to telephone my elderly parents a number of times. This only stopped after I wrote to your client on [date].

 

Quite often these calls to me and my family were aggressive or rude and the sheer number caused me and my family severe distress - I have been diagnosed by my doctor with a stress-related disorder as a direct result.

 

I have a record of most of the calls and recordings of many. I have supplied copies of these recordings to a number of people to listen to and they all agree that these calls amount to a campaign of harassment against me and my family.

 

I have repeatedly requested both verbally and in writing that your client communicate with me only in writing, as is my right.

On [date], I wrote to your client under s7 of the Data Protection Act 1998, requesting a copy of their records relating to this campaign of harassment. As you are aware, the statutory period for a response to such a request is 40 days. Despite my reminders, your client has failed to provide any information apart from a single transcript. I know from my own records that they must have much more data of which I am the subject and only surmise that their failure to supply it to me is a deliberate attempt to cover up this campaign of harassment.

 

What I require

 

I require the following:

 

1. Your client gives me a written undertaking that they will cease their harassment and that they will not contact me again by telephone about this or any other matter;

 

2. Your client gives my parents an apology and a written undertaking that they will not be contacted again by telephone about this or any other matter;

 

3. Your client makes me an immediate and realistic offer of compensation for the distress caused by their campaign of harassment;

4. Your client makes my parents an immediate and realistic offer of compensation for the distress caused by their campaign of harassment; and

5. Your client complies fully and immediately with my Subject Access Request under the Data Protection Act 1998.

 

I will give your client until Monday 5 January to respond positively to this request. Failing that, I will commence proceedings in the County Court for

 

i) An order of the court that your client should comply with my request under s7 of the Data Protection Act 1998,

 

ii) Compensation under s3 of the Protection from Harassment Act 1997 for the distress caused by your client’s harassment of both me and my elderly parents, and

 

iii) An order under s5 of the Protection from Harassment Act 1997 on your client to prevent them contacting myself or my family by telephone,

 

without further correspondence. I also give notice of my intention to commence criminal proceedings under this same latter Act.

Yours faithfully,

 

[You]

[leeds1]

january 14th 2008 a default notice was sent to my parents address (not mine although all other correspondence has been to my address) giving me until 22nd january to pay arrears on my loan of 115.50.

i went to the bank on 22nd jan and was told my account was stopped and i couldnt pay in. i was treated with contempt by the manager who reopened my account and then refused to serve me.( i was told by Riaz at collections, when i rang them afterwards, that Halifax rang them at 4.30 to re allow my account.Riaz also said he had taken £231 out of my current account to pay my loan and it was done. he lied and i found out later that nothing had been paid) my recorded call from halifax (No 19) was from a staff members mobile in a noisy pub or something and not from a halifax number. why? amongst fake promises and other things she said the money had finally been transferred. i wonder if this is a cover up of some kind.

 

i put in a formal complaint about the branch manager and included in my complaint the harassing calls i was also receiving and the fact that for over 2 months i was still unable to access my account, pay my rent, bills or see my balance.

 

around that time, my parents started geting calls as well. i added this to my complaint and waited for acknowledgement.

 

nothing changed and although both myself and my parents complained by phone, in person and in writing about the harassing calls they didnt stop to my parents until Halifax were contacted by Bank Fodder.

the calls stopped to me when i had the long chat with the supervisor at the end. but they did try a few more times.

 

it is difficult to list all the calls to my parents, tho there are numerous written records. i have asked Halifax for records and they have completely ignored me so far.

 

with my incomplete SAR they sent me TWO transcripts of calls and a list but not including any calls to my parents.

 

do i put in the letter all account numbers, my current account, my card and my loan as they are all affected and connected?

 

also, i have never discussed my account details with the callers apart from when i rang Riaz at collections that day.

 

just some notes i need to add or point out, sorry if i am waffling but there are many parts to this saga which all build up into what i feel is a monster of unfair and unprofessional tratment.

 

i know the phone evidence is strong and might be all we use but running alongside are the times we have tried to sort this out formally by complaining in writing or by contacting them.

 

Amanda

[steven4064]

Amanda

 

I will revise the letter a bit in the light of your last post. It will be later on this evening as my daughter is coming ofr tea.

 

You will then need to fill in the bits I leave in blue and send it signed for

 

Steven

[leeds1]

i must add, i requested a DSAR in AUGUST 07. they gave me a list of 9 lots of charges only and sent me a letter saying they were pleased to send me that.

 

in JUNE 08 i requested a DSAR again.

they sent me a fat file of screenshots and 2 transcripts of calls and a list of calls made by them to me. incomplete, but still adding up to over 170 calls (i sent you the list) admitted by them but no record of calls to my parents.

 

so they did send me more than one transcript only - on that occasion.

there are screenshots etc which you havnt seen yet and i am mentioned on their notes briefly and more than once in a derogatory manner. perhaps the managers response (and cover up) to my complaint in january when i was refused service and put in a formal complaint about the way i was treated.

 

in OCTOBER 08 i once more requested a complete SAR, by email, of all calls and transcripts, they sent me a letter saying " we have found that no conversations were held on the telephone calls listed therefore we cannot provide you with this information"

 

im sure i requested a SAR on another occasion but cant find the details at the moment.

 

Amanda

[steven4064]

In the letter, I put "During a period of [x] months (Month1 to Month2), your client, Halifax Bank, telephoned me [y] times, sometimes as many as [z] times a day"

 

What are the numbers/dates to go in there?

 

On the transcripts there are 48 calls between 05/01/08 and 08/06/08 that are definitely or probably Halifax sometimes there were up to 4 calls a day.

 

You said you senty me a list of calls supplied to you by Halifax - I don't remember getting that.

 

Just to be clear - Halifax sent you 2 transcripts and a list of 170 calls in JUNE 2008 - is that right?

 

How many calls do you reckon they made and between what dates?

Edited December 17, 2008 by steven4064

[leeds1]

i sent you (the CAG) copies of the call list supplied to me by Halifax by Subject Access Request on JUNE 10th.

the emailed list went to Bank Fodder on sept 6th along with other scans.

if you pm me your e mail i will forward you the copies and a copy of the letter sent with the DSAR.

 

Amanda

Edited December 18, 2008 by leeds1
signed name 3 times by mistake

[steven4064]

My e-mail is in my signature: steven4064 at consumeractiongroup dot co dot uk

[leeds1]

i have sent you some scans via e mail.

i am not much good at this, you may have gathered.

 

Amanda

[leeds1]

Yes, Halifax sent me a list of approx 170 calls made to me and two transcripts of calls.

 

i have checked through recorded lists of calls to my parents and they started keeping records in January 08. the calls average 4 a day.

 

there is a letter from Halifax dated 20th October 08 regarding complaints made to Halifax by my parents regarding harassing calls.

 

for my parents to have started recording the calls in early January, they must have been going on long enough to become a problem.

 

so, at the absolute very least, my parents have had calls for 10 months.

 

i am unsure about myself but have had calls for longer.

 

Amanda

[steven4064]

Amanda

 

Two last things and I can do the letter:

 

1. the list of 170 calls - when what ws the date of the first and last?

2. What are you still waiting for in reply to your SAR(s)?

Edited December 19, 2008 by steven4064

[leeds1]

i wanted a list of calls made to me in aug/sept 2006 to my landline and home number and a copy of the (i was told) notes that were made on my file about this harassment following my complaints. i asked not to be contacted by phone and was told it would not happen again.

 

also a complete list of all calls made and transcripts of calls following the episode covering the end of 2007 and throughout 2008 for both myself and parents number. there has been no acknowledgement of my parents calls so far and woefully incomplete lists supplied regarding myself. now they say there are no lists available.

 

i asked for details of the times my account had been manually or electronically interferred with and changed, stopped or started.

 

also, how have our complaints have been handled and notes made regarding this.

 

Amanda

Edited December 19, 2008 by leeds1
typed same details twice

[leeds1]

it would be handy to confirm that the number i rang was Halifax head office.

 

the number i have on my bill is 01422 305163.( 2 calls made between 12/18 sept 2006

 

this would prove the first episode of harassment.

 

Amanda

[steven4064]

OK Amanda

 

I will see what I can do with the info you have sent. I will post a revised LBA later.

[leeds1]

thank you.

i will be back online later tonight.

 

Amanda