Andy01 V Halifax B4 2000

[Andy01]

SAR to Halifax please amend if required Thanks

 

1. Halifax Account No: XX

2. Halifax Account No: XX

 

Further to your correspondence reply letter dated 1st and 2nd June 20009 for the above accounts on 8th June 2009.

 

As you already aware, that both of the above accounts are in dispute due to failing to respond to my legal request to supply me a true copy of the original Consumer Credit Agreements. You are also in possession of my reply of Account in Dispute correspondence which I wrote and send you by recorded delivery 8th and 9th of July 2009 and its been confirmed online by Royal mail that it has been received on 9th and 10th July 2009 by you .

 

Data Protection Act 1998

Subject Access Request

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

 

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

 

3. True copies of any notice of assignment and DEFAULT NOTICES or enforcement notice that you or HALIFAX sent me, with a copy of any proof of postage that you hold.　

4. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date they were it was added and deleted. (if applicable).　

5. Details of any collection charges added to the account; specifically, the date they it was levied, the amount of the charge, a detailed financial breakdown of how the charges were calculated, and what the charges cover.　

6. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.　

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998　

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.　

9. Copies of statements for the entire duration of the agreement.　

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Your reply should reach to me by 29th September 2009. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

Edited August 20, 2009 by Andy01
spelling

[cerberusalert]

When you send the SAR ask them for copies of the DN & TN's including screen prints. 99.9% of the time they don't hold them.

[Andy01]

Oh well Its gone now and waiting time starts. Thanks for all the help

[citizenB]

Hi andy,

 

Wait and see what you receive in your SAR.. then hit them with a supplementary request if items are missing and add the bits you forgot this time

 

They should provide you with an account activity sheet that details what actions have been taken on the account and when. You might see on those when DNs were supposedly sent. You do really need to see copies in that they will show date of issue and remedy dates.

 

Sadly, I think the creditors have now woken up to the fact that many DNs were either incorrectly issued or not issue at all, so it is all down to getting them to prove things.

[Andy01]

Thanks CB as you can see atleast I have found this letters for both of Halifax accounts. It states clearly the date of closing my account. If I compare with My BOS account its the same account ending date.

 

http://i698.photobucket.com/albums/v...alifax8018.jpg and 2nd account

http://i698.photobucket.com/albums/v...alifax3013.jpg

 

You are right but I hope they don't chage my DN issueing dates. Even if they do then it would effect my TN date.

Edited August 20, 2009 by Andy01

[citizenB]

Thanks CB as you can see atleast I have found this letters for both of Halifax accounts. It states clearly the date of closing my account. If I compare with My BOS account its the same account ending date.

 

http://i698.photobucket.com/albums/v...alifax8018.jpg and 2nd account

http://i698.photobucket.com/albums/v...alifax3013.jpg

 

You are right but I hope they don't chage my DN issueing dates. Even if they do then it would effect my TN date.

 

As you say, if they change one date then that will affect the other:D In any event should it be necessary then you can put them to strict proof.

[Andy01]

Hi Just for a knowledge does it says any where that DN should be 14 days from date or (14+2) do they allow couple of days for posting? For example Dated 1-1-2009 till 14-1-2009 or it should be 1-1-2009 till 16-1-2009

[cerberusalert]

See post #3 http://www.consumeractiongroup.co.uk/forum/legal-issues/199543-quick-default-notice-question.html

[Andy01]

As always thank you to make it clear. I have requested Halifax to include screen prints in my SAR .

[citizenB]

Here are a few more links regarding service of notices.. that you might find useful.

 

HSE Enforcement Guide (England and Wales) - Service of Notices

 

Deemed service

 

I saw a statement from a solicitor just recently where they are trying to persuade the defendant and judge that Saturday is a business day.. it is not see link below.

 

Saturday is not a business day

 

 

The following thread has some useful links and information regarding default notices.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200901-anatomy-default-notice.html#post2186015

[Andy01]

Good Morning ! Thanks for useful info CB. I may be wrong but as I understand DN required 14 calander days from the point of receive not working days?

Believe me you guys are doing a grand job helping people like me. Information is execellent and prompt. wish I knew about this site earlier I could have saved lot more with the help of youself and Cerber. I can not thank you guys enough.

[cerberusalert]

I understand DN required 14 calander days from the point of receive

Yes

[citizenB]

Good Morning ! Thanks for useful info CB. I may be wrong but as I understand DN required 14 calander days from the point of receive not working days?

Believe me you guys are doing a grand job helping people like me. Information is execellent and prompt. wish I knew about this site earlier I could have saved lot more with the help of youself and Cerber. I can not thank you guys enough.

 

 

I understand DN required 14 calander days from the point of receive

 

Yes

 

 

Hi Andy,

 

When you or I send a letter to a creditor/dca we send it by a tracked method that would give a receipt. We would then count the days from receipt.

 

When creditors/dcas send letters they use either 1st, 2nd or UK mail services.

 

The CPR has written rules to govern service by post which says..

 

Unless other wise proved... service by post allows + 2 business days for first or 4 business days for 2nd class postage. This means if a letter is posted on a friday you can discount the saturday and sunday as these are not business days and post is assumed not to be delivered on weekends.

 

Therefore, when a creditor/dca sends something as important as a DN / TN etc, they should ensure that they allow for the non business days for the posting and ensure that there is built into the date for remedy 14 clear days (which can include non business days) .

 

HTH

[Andy01]

Hi guys times is up for my SAR request made on 20th Aug from Halifax. 40 days are over on 29th Sept and only thind I got from them is an aknowledgement of my request on 16th Sept nothing else has recieved.

http://i698.photobucket.com/albums/vv342/Andy01/HBOSSar.jpg

Is there any thing more I should be doing at this stage?

 

Have had already stopped my token payments to them since A/C Dispute.

[citizenB]

Hi Andy,

 

You could write them a reminder letter. First of all, check with the post office that your Postal order has been cashed and when. Telephone number is 01246 542091. You will need the postal order receipt you were given at the post office when you purchased it. You could also ask them if they would kindly write to you confirming the date it was cashed.

 

 

 

Dear Sirs,

 

Account Number

DATA PROTECTION ACT 1998 - SUBJECT ACCESS REQUEST.

 

I am writing to remind you that my letter DATED.. has yet to receive a response.

 

You received that letter on (CHECK WITH ROYAL MAIL AND ADD DATE) for which I have proof of receipt. (Make sure you print off the receipt from the website) .

 

If you have been given a date the Postal Order was cashed.. then say..

I have confirmed that the Postal Order enclosed with my request was cashed on (DATE)

 

I will allow a further 14 days for you to provide this information to me or a reason for the unacceptable delay.

 

Should I not receive the above by (put the date here ) then I will be making a complaint to the Information Commissioner's Office.

 

Yours etc,

 

 

HTH

[Andy01]

Thanks CB

[citizenB]

Sadly, they may well try to use the postal disputes as an excuse.. so if and when you do receive anything from them.. check the posting date on the package and also any covering letter inside.

[Andy01]

CB yourself and Cerber are very prompt to reply here. As always I am glad to be your friend. Thanks again:)

[Andy01]

CB yourself and Cerber are very prompt to reply here. As always I am glad to be your friend. Thanks again

[Andy01]

Hi Guys Atlast I got a reply from halifax regarding my SAR request, made on 20th Aug 2009, today letter dated 26th Oct 2009. It was special next day delivery.

They send me only 2 Halifax accounts info not my 3rd account with BOS as I made request for all three accounts to save sending them another £10.

There are almost 150 pages and some print outs from Blair O Scoot. There is nothing important from halifax i;e. No DN or TN or Copy of any canelletion letters etc. BUT.....

Some info sent by Blairs is concerning please look into their computer notes for me. They acctually can not find any agrrements I think and also they do regenrate agreements. Another thing to notice is that all the notes are the same dates.

This is from 1st account.

http://i698.photobucket.com/albums/vv342/Andy01/Blaircopy.jpg

http://i698.photobucket.com/albums/vv342/Andy01/Blaircopy2.jpg

http://i698.photobucket.com/albums/vv342/Andy01/Blaircopy3.jpg

 

So what would my my next step? I know they have issued me with default notice in 2007 and they were wrong so why did not they send me a copy of those?

Thanks

[citizenB]

Hi andy, you must send them a follow up letter asking for the missing information.

 

Halifax are notorious for messing around and supplying information in dribs and drabs.

 

From what I read on the forums, Default notice coies arent kept. They should however be recorded in the diary of events/communication logs. However, if push comes to shove, they will need to prove that they did indeed post a Default Notice, its content ie what date it was sent, how was it sent, what was the amount asked for, what was the remedy date, etc... At that point they usually trip themselves up:D

 

TBH, I have no idea what those computer sheets mean, hopefully someone who does, will look in on you soon.

 

Hmmm, yes, all dated 17th Sepember 2009. I wonder if that was the date they were pulled from the computer in respect of your Subject Access Request. Other than that, I have no idea.

 

Did you receive a list of codes they use in order to be able to decipher information ?

[Andy01]

Yes I did CB. on these notes http://i698.photobucket.com/albums/v...Blaircopy2.jpg they are kind thinking to print agreements.

 

So Is there any template for my follow up or shall I draft myself. Nothing has been confirmed in my SAR that they had issued me default notice.

Thanks Buddy

[cerberusalert]

You'll have to write back listing everything you still require such as CCA and ask them for written confirmation that if they cannot provide them they no longer hold them.

[Andy01]

http://i698.photobucket.com/albums/v...Blaircopy2.jpg please look in these notes I think they haven't got any but as you advise I will write to them asking one more time. So thanks again

[cerberusalert]

It would be nice if they verified it in writing to you anyway, but either way it doesn't really matter because if they were daft enough to try for a CCJ they would have to produce one & even if they could you have the defective DN to fall back on.