halifax harrassment most foul. help me

[leeds1]

complaint ref no 77810 January 22nd 2008 (BT call from me @ 12.27 to customer relations and not 23rd Jan as said in Halifax letter,dated same, to me)

threat of default sent to my parents address dated 14 Jan 2008 (though all other correspondence has been to me) giving me until Jan 23rd to pay missed loan payment.

went to bank 21st Jan to pay and was told account was closed and refused service.

asked to speak to stroppy and rude manager. (i was told by Riaz in my later call to retail bank collections on 22nd Jan ,BT bill 11.41am that she reopened my account at 4.30pm ) then she refused me service,again, forcing me to miss default deadline to pay in!

she put derogatory notes about me on my file to try and cover up her extremely rude and unprofessional manner.(which i found out later through reading incomplete SAR dated 10 june 2007)

menawhile many nasty phonecalls to parents and myself.

we started keeping records and recording calls.

 

this is just the tip of the iceberg. the harassment is not just phonecalls from them but a constant flow of contradictory information and behaviour

which could only cause stress to even the most sturdy of people.

 

in my 45 minuite call to retail bank collections 22nd Jan @ 11.41, i was passed round to 5 staff members (i have names) and then hung up on because i didnt pass the security questions!!!

in the call, Riaz told me he could see i had money in my account and had transferred the loan money over and paid the loan. it was untrue. i found out later.

again making me look bad and forcing a default on the loan.

 

 

 

i have more lists of names and phonecalls to people.

 

basically, every single dealing i have had with HBOS types has been similar to this and i have proof.

Edited September 11, 2009 by leeds1

[leeds1]

the first DSAR was dated 2nd August 2007 ref DSAR10649

all they sent was a list of 9 charges going back to 3/6/04 and a letter saying they assume the Subject Access Request request was about claiming back charges. they sent nothing else.

 

i complained Jan 22nd 2008 (see above post)

 

i received a letter dated 23rd Jan 2008 ref 829704020 saying they would deal with my complaint

 

and another letter dated 18th Feb saying they would deal with it no later than 18 Feb (?!)

 

and another letter dated 10th March saying, amongst other things that they "could have adopted a more caring attitude" regarding the harassment and would look into it.

 

9th May DSAR ref 192973 acknowledgement of compalint and £10 fee paid

 

18th May a letter from them ending my overdraught.

 

23rd May a letter saying they made an error ending my overdraught and it will be reviewed in march 09.

 

10th June the second DSAR arrived (totally incomplete) ref 192973

 

10th August Ref 558870220 my Father sent complaints regarding the harassment they were getting

 

..15th August Halifax sent back a letter to my father saying they would look into it.

 

i sent 2 recorded delivery letters

and

4 emails to customer service and by name to senior customer service managers Dawn Pugh and Kenneth Graham between 9 and 12th sept 2008.

 

17th September i received an e mail from Jenny Burwell at customer services saying there wasnt enough information to investigate my concerns.

 

17 September(?) i replied to Jenny Burwell and have never heard from her since

 

by then HBOS had sent me default notices on my accounts

 

and my family and myself were still getting daily calls of abuse and no complaints had been looked at or acknowledged other than to say sorry we havnt done anything but we will look into it.

 

22nd September 2008 Subject Access Request ref 320903220, a letter from Halifax in reply to my email regarding the disclosure, or lack of it, saying we will look into it.

 

7th October DSAR ref 192973 they sent a letter saying... we have no records so, sorry, we cant provide you with any

 

10th October letter from Halifax.complaint ref 320903220...we are still looking into it.

 

there are more of the same letters. here is just a sample of the way they have been treating us.

 

Amanda

Edited September 11, 2009 by leeds1
to add details of letters

[steven4064]

Can you make sure that you have given me the dates of significant letters that you sent - compliants, etc - I will try and redo the POC later in the week - a bit busy ATM

[BankFodder]

Hi, Steven asked me for my comments too.

 

I've only had a very brief read so far.

 

Initial comments are

 

Each claimant shold be numbered - so it should be

 

Between

 

Amanda, 1st claimant

and

Amanda's Dad, 2nd Claimant

 

and

 

Hsbos etc defendant.

 

This is especially so because in the body of the claim you refer to them as 1st claimant etc.

 

Also, no need to refer to the doctor's letter at this point - although it will be essentaiul to have it.

 

In particulars of claim, you plead the facts - not the evidence.

 

You you would simply make a bold statement that by virtue of thge defendant's behaviour, claimant has suffered stress.

 

You might then particularise the stress - give some details of the way in whcih the stress is manfested.

 

later on when you supply your bundle, it will contain the doctor's report.

 

Don't forget that you will have to indicate to the court that each side might need to call expert evidence.

[BankFodder]

par.2 - "From some time" is much too vague. needs at least to be "in early 2006" or mid 2006. Even better to say "from about april 2006 etc.

 

paras. 5 & 6 - "late in 2007 - needs to be more specific

 

para. 7 - no need to say that others have listened to the calls. This will not persuade the judge.

 

para. 8 - this is not in a properly structured order.

 

The claims here are for breach of Data Protection Act and PHA.

 

Need to set outallegation relating to the Data Protection Act breach. then move on to the PHA. They are a bit mixed up in this POC.

 

Also, if you are claiming for distress to the second claimants, then the stress etc suffered by the 2nd claimant needs to be particularised as well and in a separate paragraph.

 

So, generally:

 

The 1st claimant's claim is brought under the Data Protection Act.

The 1st claimant and the 2nd claimant are claiming under the PHA.

 

Data Protection Act

Allege the DPA duty, the request under the DPS and then the breach.

Protection from Harassment Act

Allege the PHA duty, the breach of duty and the damage suffered by each claimant.

 

You would typicall have a subheading:-

Particulars of damage of 1st C

The 1st claimant has been subject to persisistent harassement by telephone calls over a period of XX months - including XXdays, XX times blah

 

Depsite asking and writing for them stop blah blah, the harassment continued.

By virtue of the alleged harassment, the 1st C has suffered inconvenience nd distress

 

Particulars of invonvenience

Unable or frightned to asnwer phone, effectively deprived of use of phone blah blah.

 

Particulars of stress

1st C has suffered stress in that she has been unable to sleep, suffered fear, crying fits, nervousness, loss of apetite, loss of confidence blah blah.

 

You should get a doctors report and use some of the language in that. That will help you enormously. You sould be as detailed as possble and this may require that you make notes as they occur to you oever a period of a couple of days or so of all the events, feelings, etc that you remember feeling during the harassment. Detail it all inthe POC. This is VERY important

 

Particulars of damage of 2nd claimant

 

same thing

 

Then the prayer (it really is called that!)

 

The 1st claimant seeks

blah

 

The second claimant seeks

blah

[steven4064]

THanks BF

 

I am not in a position to redo the POC until later in the week. I will do it then - there isn't any timescale except our own - but I'll do it ASAP

[BankFodder]

Don't forget, the pleading are used to plead the facts - not the evidence.

 

Lots of detail as to the damage suffered but the only reference to the report is that the 1st claimant will rely on expert evidence in support of the preceeding heads of damage.

 

That will be enough to put the shivers up Halifax.

If they think that there are experts around, they start to gather the seriousness.

 

they may want to produce their own expert and they may want to have her examined by their own expert. she will have to agree to this, of course but we should now about it and advise her on how to accept.

 

If there is travel involved then you will stipulate that fares, accomodation and subsistence are met by them.

Edited January 5, 2009 by BankFodder

[leeds1]

just to say,

 

the letter went to Apex today by Royal Mail next day delivery.

 

they should have it by 1pm tomorrow.

 

Amanda

[steven4064]

Good stuff

[leeds1]

since 07/08/07 there have been at least 15 communications regarding incomplete SAR information

 

since 22/01/08 there have been at least 23 communications with customer relations/service regarding complaints

 

nothing has been resolved or looked at yet by them

 

i will be back with details, dates and names

 

Amanda

[leeds1]

i must point out that the phonecalls are a small part of a much bigger and more sinister picture

 

as well as the phone abuse......

 

over 23 different named customer care/service/relations staff members have been involved in NOT sorting this out. including senior customer relations managers

 

over 8 named Data access staff have NOT provided me with data requested

 

Charlotte Gunnell from retail collections has written to me 17 times

 

Peter Jackson has written to me 15 times

 

Janice Slater has written 5 times

 

Julie Edwards has written to me 9 times

 

at least 14 other staff members have also hounded me by mail.

 

my details have been given to many third parties without my permission

 

Albion have been harassing me since 05/02/08 until 1/10/08

 

Blair Oliver and Scott

 

Moorcroft Debt Recovery

 

Admiral in Manchester

 

 

on the 24 November 2008 i received a letter from HBOS plc refusing to deal with Curtis Solicitors because they dont have a signed letter from me giving them my permission to disclose DATA to a third party

and

giving me 8 weeks to reply to their letter (which takes us to the end (ish)

of January 2009. it is Jan 5th now, my time is not up yet and they have already set Apex on to me and sold the debt on

 

and i havnt even gone through the phonecalls i was receiving.

 

or the ones my parents recieved.

 

 

so, as a customer of Halifax/HBOS, i would love to ask them...who am i expected to speak to regarding sorting out my account and the debt i have been forced into?

 

 

Amanda

Edited September 11, 2009 by leeds1

[leeds1]

and i saw my doctor today.

 

she would be more than happy to prepare a report.

 

Steven, you have mail.

 

Amanda

[BankFodder]

and i saw my doctor today.

 

she would be more than happy to prepare a report.

 

Steven, you have mail.

 

Amanda

The you should get this report immediately - before you issue the claim.

It will inform your clam and your whole approach generally

[leeds1]

Blair Oliver and Scott ltd ref SE1/6201852

 

have sent me a letter today dated 30th December

threatening me with door to door collectors, court action and taking my home off me.

 

i have just noticed on the top of the letter it says, they are "also at Admail" (manchester)

 

Amanda

Edited August 21, 2009 by leeds1
mistake on ref number and admail not admiral

[steven4064]

I went to see my mortgage adviser tofay about my (Nationwide) mortgage. In the course of cinversation he told me how aweful Halifax were to deal with because of the way they treated his customers!

[42man]

Leeds...i'm watching this thread with great interest, i'm afriad I can't contribute as i'm not knowledgable on this stage of the legal process (but am picking it up), it seems there is a good job being done by all, I just hope when it gets to the doorsteps of the high court that you aren't tempted to sign a 'gagging' order..!!

[AA99]

Hi Leeds, Steven has bounced me over here from my own problems boo hoo Am also watching with great interest, one step behind you with my lot !

 

http://www.consumeractiongroup.co.uk/forum/mbna/165417-aa99-mbna-accounts-2-a.html

[AA99]

par.2 - "From some time" is much too vague. needs at least to be "in early 2006" or mid 2006. Even better to say "from about april 2006 etc.

 

paras. 5 & 6 - "late in 2007 - needs to be more specific

 

para. 7 - no need to say that others have listened to the calls. This will not persuade the judge.

 

para. 8 - this is not in a properly structured order.

 

The claims here are for breach of Data Protection Act and PHA.

 

Need to set outallegation relating to the Data Protection Act breach. then move on to the PHA. They are a bit mixed up in this POC.

 

Also, if you are claiming for distress to the second claimants, then the stress etc suffered by the 2nd claimant needs to be particularised as well and in a separate paragraph.

 

So, generally:

 

The 1st claimant's claim is brought under the Data Protection Act.

The 1st claimant and the 2nd claimant are claiming under the PHA.

 

Data Protection Act

Allege the Data Protection Act duty, the request under the DPS and then the breach.

 

Protection from Harassment Act

Allege the PHA duty, the breach of duty and the damage suffered by each claimant.

 

You would typicall have a subheading:-

Particulars of damage of 1st C

The 1st claimant has been subject to persisistent harassement by telephone calls over a period of XX months - including XXdays, XX times blah

 

Depsite asking and writing for them stop blah blah, the harassment continued.

By virtue of the alleged harassment, the 1st C has suffered inconvenience nd distress

 

Particulars of invonvenience

Unable or frightned to asnwer phone, effectively deprived of use of phone blah blah.

 

Particulars of stress

1st C has suffered stress in that she has been unable to sleep, suffered fear, crying fits, nervousness, loss of apetite, loss of confidence blah blah.

 

You should get a doctors report and use some of the language in that. That will help you enormously. You sould be as detailed as possble and this may require that you make notes as they occur to you oever a period of a couple of days or so of all the events, feelings, etc that you remember feeling during the harassment. Detail it all inthe POC. This is VERY important

 

Particulars of damage of 2nd claimant

 

same thing

 

Then the prayer (it really is called that!)

 

The 1st claimant seeks

blah

 

The second claimant seeks

blah

 

Is there an absolute final version of this letter or does the same original template stand? Need to issue a couple soon?

[leeds1]

thank you 42man and AA99,

 

i am likely to respond wth an impressive torrent of explosive abuse to a gagging order.

 

 

Amanda

Edited September 11, 2009 by leeds1

[leeds1]

"Don't forget, the pleading are used to plead the facts - not the evidence...."

 

that statement has kind of foxed me. isn't the evidence the facts?

 

i have never had to do anything like this before. i thought this would be about evidence only.

 

Amanda

[steven4064]

If it goes to court (which I seriously doubt it will - certainly if HAlifax have any sense at all) then we will have to produce a statement of evidence and court bundle which will include the facts but also all the back up material (copies of letters, transcripts, etc) - all the evidence. (plus the all the legal stuff)

[leeds1]

thank you, Steven.

 

i see it clearer now.

 

Amanda

[AA99]

thank you, Steven.

 

i see it clearer now.

 

Amanda

 

 

He's great innit ?

[leeds1]

i am starting to se a lot of things clearly now,AA99.

 

i have been overwhelmed by all the contact i have had from the bank and their agents but since i have been going through everything and listing it, i am not so confused.

 

i had never missed a loan payment until December 2007 and after that.

 

i had a total of 5 charges going back to July 2005, until December 2007.

 

in December 2007 and onwards, i have had interference on my account and charges added every month.

 

Amanda

[leeds1]

i am sorry i am late with the information CAG requested.

 

i hope it doesn't hold things up.

 

i will have it asap.

 

i am still finding letters and typing things up.

 

Amanda

Edited January 12, 2009 by leeds1
mistake with initials of CAG