MyGFvBOS

[townend81]

Hi guys

 

I'm doing this on behalf of my girlfriend. I'm at LBA stage of my claim so i'm kinda clued up on the process but still need advice along the way.

 

I sent off her S.A.R on 02/12/06 and got a reply today, although it wasn't the reply i was expecting. The letter says:

 

"Dear MyGF,

 

Request for a list of transactions and charges-ACCOUNT NUMBER********

 

Thank you blah blah....Unfortunately we cannot process your request because we require more information on the account in question. If you would please provide more information such as:

 

Sort code **-**-** ( This they have!)

Roll number (It's a visa card/current account so we don't have one?)

Type of account (Shouldn't they know this? Should it matter?)

Active or Closed (Again, Shouldn't they know this without me tellin them because it is still active?)

 

Upon receipt of the information, a copy of the documentation you are entitled to receive will be sent to you as soon as possible and certainly within the 40 days allowed by the data protection act. (Good because they're not getting any more time!)

 

May i take this opportunity to remind you that you can request your last 12 months statements through your branch free of charge

 

Yours blah blah"

 

I mean, this never happened when i sent off my S.A.R. And the "information they are asking for seems pretty trivial. As the account's still active shouldn't they know this anyway?

 

Obviously, I'll supply the information because i want the statements at the end of the day but i'm just wondering why they're doing this?

 

Thanks

 

townend81

[townend81]

Please help. Any advice welcome. Surely 1 of you 36 people that have viewed know something?

[smoorach]

townenf81,

dont worry they are trying all sorts of delaying tactics these days and this just looks like another one of those to me. supply information needed and get the ball rolling. you are right they should have all this info already but argueing the point with them will just add to delays and this is what they want.

[townend81]

Cheers for replying smoorach. I kinda figured this is what they were doing. I was just wondering why? I thought there might be a reason behind it. I was never going to withhold the information though don't worry. Thanks again

[townend81]

How does this sound?

 

"Dear K. Patton

 

In response to your letter dated 07/12/06, I would be happy to supply the extra information you require:

 

Account Number: ********

Sort Code **-**-**

Type of Account: Current with Visa Card

Active or Closed: Active

 

I trust this is all the information you require.

 

Yours faithfully

 

Blah Blah"

 

Thought i'd keep it short and sweet. How does it sound to you guys?

[townend81]

Well i sent the letter above and all was going well until today. A letter arrived saying i hadn't enclosed the £10 fee. Funny thing is, it actually cleared today! Obviously their internal communications leave something to be desired.

 

So, my question is, how can i prove that the cheque that cleared on my account today was cashed by Halifax PLC? As there isn't any details on the statement? And tbh i'd prefer not to send them a bank statement from my Lloyds account with all my info on it.

 

Also, In the this letter, K. Patton told me to make the cheque payable to HBOS plc, but I made it payable to Halifax plc.

 

What shall i do? Please help?

 

Thanks

[townend81]

Can anyone with any knowledge at all on this please help? I understand it's a busy time of year but i don't know what to do.

 

Send them a statement from my other account with all my info (Acc No, Sort code) on it with an accompanying letter or just a letter on it's own hoping they'll believe me?

 

Thanks

[smoorach]

hi town. all you need to do is send a letter stating that cheque for this is numbered******** and was cashed on whatever date and you expect the statements forthwith. etc ok. they are playing silly buggers with you keep everything short and to the minimum.

[Neil Birch]

you can contact the bank that issued your cheque for 10 pounds and your they should at no cost [hsbc dont charge me ] provide a copy of the actual cheque, this will have the cashing banks stamp marks on it this is a useful thing to have in your court bundle, these are delaying tactics, remember to keep to your timetable as per your original letter , do reply to these letters but keep it simple , there shortcomings are not your fault and your professionalism if it gets to court [?] will show you in a better light than this lot.

[townend81]

Thank you Smoorach and Neil. I'll write this letter a.s.a.p. Your advice is greatly appreciated. I will get this done as soon as the festivities are over and proceed with the timetable. Should i allow extra time for christmas/new year? Not that they should need it but the way they're acting it's quite probable.

 

Thanks

[Neil Birch]

Keep to your timetable , count the working days , it is not your fault that the procedure covers the christmas period nor that the company runs on a limited staff basis .[most banks are running at lower staff rates and putting jobs abroad to save money, remember they are in it for profit and will take it every opportunity to make it].

As soon as the deadline expires send the next letter in and then proceed to court asap , it is very unlikely they will settle before you issue proceedings [they will hope you give up] persistancy pays and they are inundated with claims, so you will join a queue.

Also I beleive at the moment the banks are settling in full these claims , but there a risk at some point that the oft or fsa will come out with a ruling that a fair charge can be applied that might be a figure of up to say 4.00 and so the banks would then only pay that amount as it justifiable. You would then lose out on the whole refund and the interest which is reclaimable at 8% under the county court rules.

So good luck , keep to the rules, write down everything, keep notes, keep receipts, keep copies, put it in date order, buy a new file etc, you may have to go to court it is unlikely but at least you will be prepared.

Neil

[townend81]

Neil, Your a legend. And, again, Your advice is very much appreciated. I just hope all this goes through before they get to keep some of my money!

 

Thanks again

[HydraUK]

In slight contradiction to Neil's good advice above...

 

Keep to your timetable , count the working days

 

I think the advice is that the deadlines are based on ACTUAL days

[Neil Birch]

Thanks hydra

The actual day count is normal but at this time of year the normal 14 is probably a bit hard, and we want to be fair, so personally in my letters I have always written 10 working days and then put a specified date in so its really idiot proof[i am sure it will still be ignored]

Should the claim ever come to court you are obliged to show you have given the defendant a fair and reasonable opportunity to resolve the claim and the court may take a dim view of you not carrying out due diligence but really we are splitting hairs here.

[Neil Birch]

Oh and on the subject of files, Barclays give free A4 'statement' folders, they never ask if you have an account , just go to the counter or personal banking section and ask.They are very usefull for keeping your pre-court documents up together!

Especially ironic if your gunning for Barclays!

Neil

[HydraUK]

Yes agreed on the day count specifically for this week, but after that nail em with real days...but like you say they rarely keep to your timetable.

 

On the subject of bank irony...when I went to submit my N1's I thought I was going to be able to get remission of fees, turned out I was wrong but had no cash or cards. Went into the branch (still clutching 3 copies of N1 with their address on it) and using my driving licence as ID managed to withdraw the £250 over the counter.

 

"Have a good Christmas" said the clerk. "Oh I will." says I, smiling greatly.

[smoorach]

funny thing about banks this made me laugh. i had a charge taken from my account on christmas day. so...... if they can do it so can i. i have stuck rigidly to my timetables over christmas and new year only allowing leeway for the COURT being shut not the bank. according to the bank "this is all automated and computers dont take christmas off".

[HydraUK]

"this is all automated and computers dont take christmas off".

 

Did they tell you that verbally or in writing ?

[smoorach]

unfortunately verbally and they refused to put it into writing.... now i wonder why? pmsl

[townend81]

Well it's past the 40 days and my statements didn't arrive. I will now look into complaining to the information commisioner as i haven't got a clue at the mo. I've a funny feeling that have lost the info on the account but will have to wait and see.

[townend81]

If any one could help i'd appreciate it. I phoned the bank in reference to my missing statements and they said they couldn't find me on either of their systems, for 3 accounts i held with them. They said it must've been deleted in the merger a while back. Now will taking them to court actually help me retrieve this information or will it just be a waste of my time? I thought about complaining to the IC, but this seemed like a much more aggresive style...which i like!