MacBoy Vs. Halifax and Hello To the Group!

[MacBoy]

Thanks ripped off

 

I think my answer to your question would be - 'yes, I'd like to claim for the lot, provided it's not going to involve a prohibitive amount of hassle' (I'm prepared for some of course).

 

But I guess what I was trying to establish, was whether or not it was advisable (or current practice) to make the claim in two stages (6 years first) then go after them for the rest later?

[rippedoffagain]

Two claims, I am fairly certain that you could include with your first claim a request for the court to order that they fully comply with your SAR. I think I will be doing that with one of mine.

[MacBoy]

If that's the case, should I make it clear in my Prelim letter that this is not everything and I will be going for the rest?

 

If so, any suggestions as to wording?

 

Would I need to file a Data Protection Act non-compliance letter in addition? I did ask in my original SAR for the 'a complete list of transactions and charges relating to my banking history with your organisation', making no mention of 6 years.

 

Thanks

Mac

[rippedoffagain]

If that's the case, should I make it clear in my Prelim letter that this is not everything and I will be going for the rest?

Nooo

 

If so, any suggestions as to wording?

 

Would I need to file a Data Protection Act non-compliance letter in addition? I did ask in my original S.A.R - (Subject Access Request) for the 'a complete list of transactions and charges relating to my banking history with your organisation', making no mention of 6 years.

Complaint to IC

Data Protection Complaints – Information Commissioner’s Office (ICO)

 

Thanks

Mac

 

No need to warn them in your prelim. The IC complaint adds weight to a claim.

[MacBoy]

So ripped, are you saying that I should just send a normal Prelim and proceed with the six years worth I have, but at the same time instigate an Information Commissioners Office complaint?

 

Then presumably start a 'second track' action against them to try and force them to hand over the pre-6 years info and on receipt of this (if I get it) start another case?

 

Sorry If I'm seeming dumb but i just want to get this right and not lose it by making any silly mistakes.

[Dusary]

So ripped, are you saying that I should just send a normal Prelim and proceed with the six years worth I have, but at the same time instigate an Information Commissioners Office complaint?

 

Yes, exactly! That's what I've done.

 

Then presumably start a 'second track' action against them to try and force them to hand over the pre-6 years info and on receipt of this (if I get it) start another case?

 

That seems to be the advice given on the 6 Year-Limitation thread.

 

Sorry If I'm seeming dumb but i just want to get this right and not lose it by making any silly mistakes.

 

 

Far from it. We ALL want to get it right - and (ssshhhh! I included my whole statements going back to 1996 on one of my *please pay up now* accounts.) So playing it safe by asking is OK!

[MacBoy]

Dusary

 

Many thanks indeed for setting me straight !

 

Mac

[MacBoy]

Update

Saturday, 9th June 2007

 

OK, I know I've been um'ing and ah'ing about this, but I've come to a decision

 

As I asked them for full statements right back to the beginning of my banking relationship with them (some 17 years or so ago) and they've only sent me the six years, I'm going to fire off an LBA as a prelude to a Non-Compliance Letter asking for the rest of the statements. Drafting it now.

 

If anyone has any guidance to offer, or if they think what I'm doing is wrong, please don't hesitate to shout out - but I have to act otherwise they win; and reading through the threads (I have done very little but deep-read the threads over the past two days), it appears there is no clear-cut direction about what to do in this situation. So I've decided to draw them into a response in order to gauge their thinking.

 

I'll post the draft for peer review- your opinions are valuable to me!

 

Cheers

Mac

[MacBoy]

OK here's my draft - feedback welcomed as always This is just my current a/c - it appears that they are dealing with the Visa on a separate track:

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

Current Account - Sort Code xx-xx-xx Account no. xxxxxxxx (closed)

 

Dear Sir/Madam,

Your ref: DSARxxxxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (xx/xx/xx). 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. I asked for full disclosure of my complete banking history with yourselves. You have provided only current account statements from 30 Dec 2000 to 13 Dec 2005. My account with you as you are well aware goes back many years prior to this; to xx/xx/87 in fact. (awaiting confirmaton of this from a branch on Monday - but I think it's now actually 20 years!!!).
  
  

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing. 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

Lord Mac Of Boy

 

My nice new CAG envelope stickers await

[Dusary]

Seems we've been thinking along the same lines.

 

I've initiated my complaint with the Information Commissioner's Office. Since that initial complaint much MORE has come to light!

 

I am disappointed that you did not address the issues I raised in my previous correspondence, but chose, instead to send me a standard template letter. These issues were:

 

· Failure to comply with my Subject Access Request – Information Commissioner’s Office informed

· Failure to supply me with a complete history of my banking with your organisation - Information Commissioner’s Office informed

· Failure to disclose history of other accounts being held or held with you by myself –

Information Commissioner’s Office informed

· Failure to send me a copy of the Terms and Conditions you referred to in your most recent letter - Information Commissioner’s Office informed

· Failure to disclose any manual intervention in my accounts undertaken by yourselves –

Information Commissioner’s Office informed

· Failure to acknowledge receipt of the request to remove the default notice recently applied –

Financial Ombudsman’s Office notified;

amongst other things.

 

 

Don't know whether that helps in your case/situation.

[MacBoy]

Thanks Dusary, yes, this will help depending on their response to the above letter. Once I get the actual commencement date of my account from my local branch (hopefuly this morning), I'll send it off.

Failure to disclose any manual intervention in my accounts undertaken by yourselves

 

Just to clear something up - they say in their initial response something about not being required to do this does anyone know what the actual position is?

[MacBoy]

Update

Monday 11th June 2007

 

Walked into my local HFX branch this morning to ask about my account opening date, which had slipped from my memory into the annals of time.

 

Very helpful enquiry person (not counter staff) asked for ID, fired up her system and produced a list of every account or product I ever had from them! That'll be useful at some point

 

Anyway, have now established that my account was opened at the beginning of 1987 so that's over 20 years Now to send the letter!

 

Mac

[MacBoy]

Milestone Diary Entry No. 5

Monday 11th June 2007

 

LBA - Data Protection Act Non-Compliance sent today. I've used this to point out to them thay they are non-compliant in that I have only received the initial 6 years' worth of statements (i have an account that was 18.5 years old at the time of closing). This should elicit a response from them invoking the Limitation Act 1980. They have seven days to respond.

 

I've also pointed out to them that I've only received statements for my current account - nothing at all from my credit card; and asked them to confirrm whether this is being dealt with on a separate track.

 

Let battle commence

[MacBoy]

Update

Friday 15th June 2007

 

Proof of delivery @RM online shows letter signed for by a named recipent 12/06. No response from HFX.

 

Mac

[Dusary]

I think, then, you've to wait another 7 days!

 

Ah! Well!

 

You can always do what I've done - and prepare your Court Bundle!

[MacBoy]

Why another 7 days, Dusary? I thought it was calendar days not working days- which would give them only until next Tuesday to respond, in my view?

[Dusary]

You are possibly right.

 

However - if it ever DOES come to Court - then I'd be prepared to let the Judge/Sheriff see that you had been accommodating and had given the bank some leeway (especially since the poor things are so stressed out by us lot banging on their doors!).

[MacBoy]

Hehehehe I will - Good advice

[Dusary]

In your case: Judge! Since you're in London.

[MacBoy]

Indeed, Dusary - but Sherrif sounds so much cooler

 

I think I've already kind of taken your advice by default - they've had an extra week while I was faffing around deciding what tack to take!

[Dusary]

That's OK then!

 

(And no *falling-out* )

[MacBoy]

Hehehehe! Well.. except with the Halifax

[Dusary]

Kurrect!

 

(What a "stooshie" about Beware the Royal Mail!)

[MacBoy]

Update

Tuesday 19th June 2007

 

No response from Halifax per my Data Protection Act non-compliance LBA seven days ago. Will give them another day or so then report them to the Information Commissioner and commence enforcement through the Court.

[Dusary]

That's it!

 

I didn't hear anything, either!