Oh the joys of the Halifax

[smiffy5]

Hi

 

Having been searching around for a site that could possibly help me and then I found this one.

 

Quick version : Me and Hubby split and he opened an a/c by himself. We sold the "Matrimonial home" cos he wanted his share and I moved to a new house, I made sure he didn't know where myself or the kids lived - drinks a bit you see. Anyway the Halifax kept putting my new address on his single a/c and I kept on telling them that he has never lived here. They wouldn't discuss it with me cos it would have been a breach of confidentiality for his rights.

Went into the branch and nice manager changed it over after I was wailing and creating about my rights, then I receive a phone call on Friday from himself saying that he went to apply for a mortgage and the Halifax queried his address cos you guessed it they had my address back on there and then they wrote it down for him and handed my address over - yippee NOT and he said "Now I know where you live".

I have had to install 2 bolts on the front door in case I have unwelcome visitors. Basically what I am asking is do I have any sort of case against the bank for breaching my rights and causing me and my family undue stress and anxiety - my 11 yr old got herself into a right state saying she didn't want Dad coming round the house and she didn't want to move. D

Any advice would be greatly appreciated.

[Rooster-UK]

I am not certain but there may be cause for a county court action under the Data Protection Act.

I will see if I can find an answer for you.

Unfortunately, no remedy can erase the knowledge of your address from your Ex. The damage has already been done.

 

Regards, Rooster.

[Rooster-UK]

Hi, again, Smiffy.

 

Well I asked the question. The following reply came from Bankfodder, (The Gaffer).

 

Yes - absolutely no doubt. The only question is that can she prove that she informed them of the new address details and that she was no longer involved with him.

And most importantly can she prove that the bank disclosed the information.

If he was just given a piece of paper, you can be sure that there is no record and that no one is going to admit doing it.

She needs to analyse what she thinks her losses are and the distress which she and her family have suffered and are likely to suffer in the future - although future stress may not be recoverable.

She might even want to assess the cost of moving home - if she felt that was necessary.

She should also document the trouble that she has had so far with her husband.

This will all need to be itemised in detail and expressed convincingly.

 

I would then suggest that she reads up the DPA on this site and that she understands the process.

 

She should serve a s.10 notice requiring them to stop processing.

She should issue an SAR to see what they hold on her and also to see if the disclosure to her husband is recorded - and if not why not - but of course she will first of all have to get some evidence that they did gfive him her details.

 

If she can do this then she should start a DPA claim and I would suggest that she would be looking for quite a large amount of money.

£5K

 

So It seems I was right..

 

Good luck.

Regards, Rooster.

[mochamoo]

Hi

 

Having been searching around for a site that could possibly help me and then I found this one.

 

Quick version : Me and Hubby split and he opened an a/c by himself. We sold the "Matrimonial home" cos he wanted his share and I moved to a new house, I made sure he didn't know where myself or the kids lived - drinks a bit you see. Anyway the Halifax kept putting my new address on his single a/c and I kept on telling them that he has never lived here. They wouldn't discuss it with me cos it would have been a breach of confidentiality for his rights.

Went into the branch and nice manager changed it over after I was wailing and creating about my rights, then I receive a phone call on Friday from himself saying that he went to apply for a mortgage and the Halifax queried his address cos you guessed it they had my address back on there and then they wrote it down for him and handed my address over - yippee NOT and he said "Now I know where you live".

I have had to install 2 bolts on the front door in case I have unwelcome visitors. Basically what I am asking is do I have any sort of case against the bank for breaching my rights and causing me and my family undue stress and anxiety - my 11 yr old got herself into a right state saying she didn't want Dad coming round the house and she didn't want to move. D

Any advice would be greatly appreciated.

 

Truly Shocked. Go get em!

 

If you need to talk and let off some steam visit us in the bear garden.

http://www.consumeractiongroup.co.uk/forum/bear-garden/

 

Good Luck

[smiffy5]

Thank you

Where do I start - What is an S.10 and a SAR?????

 

Who should I complain to:- ICO FSA, FSO, Halifax or all of them.

 

Sorry to be a pain but really don't know where to start

[smiffy5]

Hi

 

Spoke to ICO, they advised me to write to the Halifax first explaining what had happened. Spoke to ex today and they printed a copy of a mortgage quote for him and it had my address on it.

 

So will now wait 14 days for a reply. can I take them to small claims and if so if I lose will I have to pay costs to them????

[mochamoo]

Ok Hon,

 

The SAR is the Data Protection Act, Subject Access Request. You can find that here .

 

The section 10 notice is here. You will need to send it to the Data Controller of your bank, you can find his / or her details here by clicking on the link.

 

 

Bank Fodder and Rooster were talking about The Data protection act. Do you know much about it? I know you've said you ex is not the nicest man in the world but do you think you can get the mortgage quote off him the bit with your address on. Or do you know someone who would get a copy of it for you?

 

If it does go to a small claims court, which I doubt it would as breaking DPA is a serious no no, then as long as the damages you are seeking are under £5000 then the amount you might possibly pay would be not be large. I think small claims might even be none I would have to check (long day at work and not thinking straight)

 

Good Luck

[smiffy5]

thx chick

Spoke to ex and he is willing to hand over the mortgage quote with my name on it even tho he is convinced that I purposely put my address on his a/c - Whatever!!!

Have written snotty letter to Halifax so will enclose SAR and section 10 notice and send them recorded.

 

Halifax are probably doing this on purpose cos I stung them for £3000 last Nov for bank charges and I won

 

L

[BankFodder]

thx chick

Spoke to ex and he is willing to hand over the mortgage quote with my name on it even tho he is convinced that I purposely put my address on his a/c - Whatever!!!

Have written snotty letter to Halifax so will enclose SAR and section 10 notice and send them recorded.

 

Halifax are probably doing this on purpose cos I stung them for £3000 last Nov for bank charges and I won

 

L

Get this letter as a matter of urgency and before he changes his mind.

 

I am moving this thread to the halifax forum

[CavemanJoe]

You have my support, and I'll be watching this one closely; Smiffy, take 'em to the cleaners.

[mochamoo]

thx chick

even tho he is convinced that I purposely put my address on his a/c - Whatever!!!

 

L

 

Typical!

 

 

Good Luck, keep us up to date, dont be shy to ask if you need help:D

[smiffy5]

thx

 

I have the mortgage form from him and it clearly states his name and my address. I received a replay from the halifax saying usual stuff "sorry that you have found cause for complaint with the Halifax" and they have someone investigating it and I will receive a response soon but no later than 4 weeks.

 

So we will have to see

[sanand]

Hi Smiffy5, I had a joint account with my ex, when we split I went to the Halifax and told them and asked I could remove myself from the account. They told me that we had to go and close the account together. He had previously assaulted me and I had a code of conduct issued to him thus meaning he had to stay away from me or be arrested, I explained this to them but they wouldnt budge. About 3 months later I received a letter from Halifax stating that a direct debit had been set up on the account and had been returned unpaid, as I hadnt set it up because I no longer used it I knew it was the ex, so I rang them and told them this and told them that under no circumstances was I paying the charges. Within 10 mins of being off the phone they suspended my single account and said they would only unblock it if I paid the charges. I had no choice. Unfortunately all this happened before I found this site because had I known then what I know now I would have wiped the floor with them. I say GO FOR IT and the very best of luck!

[smiffy5]

Hi, Thanks, we will have to wait for their letter.

We had 2 joint accounts but it has been closed now, the other account is where he pays maintenance into (albeit not this week).