diabolical vs. Halifax PLC**won**

[diabolical]

First on my list is a Halifax credit card account:

 

STATUS:

14th Nov - Sent S.A.R to Trinity Road address via Special Delivery Next-Day and enclosed a £10 postal order.

Other ones to start soon will be:

GE Capital Bank Limited and Lloyds TSB Bank PLC

[Guest bluecloud]

Cool, keep us updated with regular posts.

 

One money saving tip for you though. You don't need to use Special Delivery. Recorded delivery is more than enough to get a signature should you feel one is necessary. Normal post is perfectly okay but you will need to visit a Post Office to obtain a Certificate of Posting - these are issued free of charge on request.

 

Be prepared to wait the full 40 days for your statements - the Halifax have been inundated with requests (can't imagine why ). Your brown envelope from Scotland will soon arrive and you can use the time in between to read up and prepare yourself for battle.

 

 

.

[diabolical]

Thanks bluecloud

 

I went to the Post Office and asked for Recorded Signed For but the cashier made a mistake and did it as a Special Delivery. I queried it and she said she would change it to what I originally asked for if I wanted, but I decided to use the Special Delivery just so it would definitely get there the next-day. She gave me a handful of Recorded Signed For slips to use in future as I like to keep track of when important things get delivered.

 

Yep, perfectly prepared to wait the full 40 days if need be. Halifax advised me to sort out my account with them, so I'm simply taking their advice.

 

Will keep this thread updated with progress as it comes ;-)

[diabolical]

Confirmation of delivery on 15th

 

Now waiting for the information to arrive...

[diabolical]

Quick update.

 

On 9th December statements arrived relating from Jun '99 to Oct '02, but the rest were missing. Phoned same day and they said they would look into it and that I'd recieve the rest shortly. A preliminary look at the statements received so far shows around £300 charges.

[diabolical]

Another update.

 

Today received statements for the period July '06 to Dec '06. Outstanding is 1 statement for Jan '02 and statements for the entire period Nov '02 to Jun '06.

 

40 days from receipt of S.A.R is the 25th December.

[AWC]

Diabolical - As Helifax are obviously either stalling, incompetent or both, would it be worth you sending your prelim letter listing charges on the statements you already have and then add the rest when they arrive? either that or start two separate claims?

 

Just a thought, but understand if you would rather wait and do it all together.

[diabolical]

AWC

 

They may be just extremely busy due to the amount of S.A.R's they need to deal with ;-)

 

I'd rather wait and do it all together, last day I could receive the remaining statements within the 40 day period is this coming Saturday - so they'd better get their skates on

[diabolical]

Phoned Halifax Card Services today for the third and final time to remind them about the missing statements. The lady I spoke to said they would be printed today and I would receive them within the remain days... I have done all I can now to help remind them of their DPA duties.

 

The non-compliance letter is straining at the leash and ready to bite...

[diabolical]

Hi,

 

Can someone please look over this and see if it's easy to understand? I'll get it sent on the afternoon of the 27th (assuming I don't get the remaining statements that morning).

 

--

 

Letter Before Action

Section 7 - Data Protection Act 1998

 

Dear Sir/Madam

 

ACCOUNT NUMBER: #### #### #### ####

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 14th November 2006. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

You have failed to provide a complete list of transactions and charges.

 

You have provided statements for the following periods:

 

Jun 1999 – Dec 2001 inclusive; and

Feb 2002 – Oct 2002 inclusive; and

Jul 2006 – Dec 2006 inclusive.

 

You have not provided statements for the following periods:

 

Jan 2002; and

Nov 2002 – Jun 2006 inclusive.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

 

--

 

Many thanks

[diabolical]

No more statements received this morning.

 

Can someone please check the letter above and see if it's o.k to send?

[BankFodder]

OK - as long as you are prepared to carry out your threat

[diabolical]

Thanks for the answer BankFodder.

[diabolical]

I'll continue waiting for the statements, haven't sent the letter as I could lose and I really can't afford that atm (have made an official complaint though).

 

Will post again whenever I get the statements through lol.

[diabolical]

Remaining statements received ;-)

[diabolical]

OK... I'm just trying to get my head around the Complex-credit-card-charges spreadsheet to be able to put the charges interest into the preliminary letter.

 

The spreadsheet seems straightforward, but I've a few questions:

 

1. Re: 'INTEREST CHARGED', should this be at their 'Unauthorised Overdraft Rate'? (currently 18.9% I think, correct me if I'm wrong please)

 

2. Re: 'AMOUNT PAID', should this be the amount paid as shown on next month's statement?

 

If the answer to both is 'OH YESSS!!!' then I'll know I've done it right

[diabolical]

bump

[diabolical]

 

I've calculated that for the last 6 years I've paid around £1,300 in charges + around £250 in interest on those charges and will hopefully be sending preliminary letter today. This is of course if I've interpreted the spreadsheet requirements correctly, can someone please check my post #16 above?

[diabolical]

Preliminary letter sent for £1,408 by recorded delivery. I'm claiming the charges but without the interest on those charges as I was unsure about the spreadsheet calculations

[diabolical]

Preliminary letter received today as notified by Royal Mail website.

[stickybuns]

Hey just to let u know, I got £2000 back from halifax, had to issue an online small claims action (£120) but got this back too. Took about 6 weeks all in but it was worth it. I have been charged a further £500 since then and they are refusing to refund me anymore. I plan to issue another action in due course. Good luck.

[AWC]

Getting there then, slowly but surely!

[diabolical]

Getting there then, slowly but surely!

 

That's the strategy for the first claim, I'll fly faster with the other ones with confidence I gain from this one

[diabolical]

Hey just to let u know, I got £2000 back from halifax, had to issue an online small claims action (£120) but got this back too. Took about 6 weeks all in but it was worth it. I have been charged a further £500 since then and they are refusing to refund me anymore. I plan to issue another action in due course. Good luck.

 

Congratulations on your win, that's great news. I love the part about them refusing to refund you anymore... surely they realise that by refusing it'll cost them more in the end?

[stickybuns]

Congratulations on your win, that's great news. I love the part about them refusing to refund you anymore... surely they realise that by refusing it'll cost them more in the end?

 

My thoughts exactly!! I tried to tell the cheeky so and so on the phone this morning but she was adament I will get nothing!! Silly Woman.