Towelie Vs Halifax

[towelie]

Well after spending about 1 week reading about this site(which I think is great) I thought i would give it a go

 

Sent DPA letter today requesting statements.

 

Will keep you posted on progress.

[Overdrawn]

Hi, welcome to the forums. Use the time whilst you are waiting for your DPA to familarise yourself with all the current cases...you can learn so much from other peoples experiences.

 

Good luck with your claim

[towelie]

Received usual letter stating I will have my statements by 7 July. Will post progress as I go.

[mechs]

Hi Towelie, welcome and the best of luck

[towelie]

Recieved letter yesterday saying about the £5 charge to come out of my account first. Phoned them up as I had sent a cheque for £10, gave them permission to debit the £5 and my cheque seems to have got lost in their office. Waiting on postman now, quite excited!!

 

I could also use some advice please. I also had a join bank accoint and mortgage with the halifax when I was with my ex husband. Both accounts are now closed and were at a previous address. I have been trying to get these statements for both accounts. Went to my branch and they werent able to give me account numbers. I have nothing with accounts numbers on them. I had emailes Jean Graham about my statements and she advised they need account number, sort code and roll number before they can proceed. I was under the impression the DPA is a request on information they hold on you and not on a specific account.

 

Any advice would be great.

[scotia]

Hey Towelie....good to see you are making good use of the link i sent you lol

 

You are correct in thinking about the Data Protection Act request being on an individual rather than the specific accounts,

 

check here : http://www.opsi.gov.uk/acts/acts1998/80029--b.htm#7

 

Under S7 (3) it states:

 

A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks.

 

So if you write DPA request to branch, and provide them with previous address and dates which you stayed there, then i cannot see why they can deny you it.........they may need to confirm you are who you say you are by means of ID.....but if you are who you say....then that shouldn't be a problem

 

....but then again, you have another stumbling block......Section 4 states:

 

 

"Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request unless-

 

(a) the other individual has consented to the disclosure of the information to the person making the request, or

(b) it is reasonable in all the circumstances to comply with the request without the consent of the other individual. "

 

So you may need to ask your ex to consent to it..................

[towelie]

Hehe thx Scotia

 

Have sent an email to halifax customer relations so waiting for a reply. Its fine if they need my ex to consent. I told him about this site but he doesnt have any charges, hes been good since we split Shouldnt see it being a problem if I need his consent.

 

Will keep you posted!!

[towelie]

Could someone please clarify a point for me please. Have read about the forums but there seems to be 2 different answers.

 

Does the 40 days for the DPA start from when they recieve your request with your payment or from when they actually cash the payment?

 

I sent my DPA with a cheque which was received on 26 May. They lost the cheque but debited my account of £5 fee but not until 23rd June. Some people on here are saying it starts from when they receive the request as long as payment is included and others are saying it doesnt start until they cash the payment :S

 

Someone please clarify this as if it is the first one then their time is up and non compliance letter will be on its way.

 

Many thanks

[scotia]

Hey towlie.....

 

It's from when they actually receive payment and request, if it takes them 2 weeks to cash the cheque or postal order that aint your fault. So if they haven't complied then inform Information Commissioner and send non compliance letter of to them too

[towelie]

This topic was closed on 11 March 2019.

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