stonedecroze v halifax 2

[stonedecroze]

Hi all,

I am just starting out to recover illegal charges by Halifax taken from my son`s account. S.A.R - (Subject Access Request) sent 24 April.

I have already recovered £1180 from them in regard to my wife`s account, took 74 days to get full refund. They just seem to roll over they agreed to pay full amount over the phone to me and took 13 days to replace money in account. Will keep you all posted on how we progress. For information purposes, if you send Postal Order for £10 with SAR they just return it, and send you all the statements for the past six years. Just make sure that you double or even triple check when totaling all the charges, ( I found highliters very useful). I do believe that you can also include any interest that they may have charged, I included them, and was reimbursed!!. may be an oversite by them. :grin::grin:

[stonedecroze]

28 days are now up and have not yet received any statements or other details of charges levied. What is the next step? send angry letter to Halifax or complain to OFT? Any advice or suggestions will be gratefully accepted.

thanks:)

[stonedecroze]

thanks for that moneyhelp, it was an over-site by me , they have had the 40 days. So now I write to them giving 7 days before I go to court to get the courts to force them to give me the info that I require .is that correct?

[stonedecroze]

Do I need to inform the Halifax that I am lodging a complaint with the Information Commissioners Office? :confused:

[stonedecroze]

Yeah thats what I was thinking, but until I get my statements I am not able to proceed. It`s a bit of a catch 22 situation. I suppose that I could always go to the branch an kick off!! Not that it will get me anywhere, but it may make me feel better

[stonedecroze]

I have sent off complaint to I.C.O. What happens next?

[stonedecroze]

Err no. :? Should I have?

[stonedecroze]

I am about to send this of to my local branch, I am dealing with Halifax though them and not the Head Office, Is this about right, or does any-one have an sugestons for improvements or additions? CHEERS;)

 

 

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

 

Dear Sir/Madam

 

 

On 23 April 2007 I wrote to you requesting a fully comprehensive list of all the default charges applied to my account and enclosed £10 to cover the cost. You replied to this request on the 24 April 2007 returning my postal order and informing me that you had passed this request to your Head Office. The 40 days allowed by law to comply with this have now long passed and I have still not received the information. I have lodged a compliant with the Information Commissioners Office on 05 June 2007 informing them of your failure to comply with regulations concerning Subject Access Requests.

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

 

 

Yours faithfully

[stonedecroze]

Where do I go to file action? local Magistrates court or County court? I`m moving into unknown territory now. Last one was simple, they just paid up when I got to LBA. made offer which I refused via phone and they agreed full amount. I am doing this on behalf of my son, so who has to attend court, me or him?

[stonedecroze]

;)I am dealing with branch as that is where the account is not Head Office, also new manager there seems more approachable and may add her comments to everything.

[stonedecroze]

Hi, I have just returned from a short break in Spain and on my return I had received a short letter from the Data Subject Access Request Team attached to this was a list of all the charges levied against this account giving date and amount charged. these vary between £28 and £39, but give no indication of why, i.e. failed standing order, direct debit or unauthorised overdraft. do I need to know this or is just the date and amount good enough for the next step? any advice gratefully received. Also do I need to inform ICO that they have given me part of the information that I requested? thanks

[stonedecroze]

OK thanks, I have basically just copied their list into the spreadsheet and will send this with letter requesting refund of all charges which total £2611.00 in the morning. I will also add a short paragraph to the effect that I expect to hear from them within 14 days and also state that in view of their earlier failure comply with the required time limit re the S.A.R causing me to have to complain to the Information Commissioners Office that I will stick rigidly to my timescale

[stonedecroze]

Thanks for that Dusary, but I have not reached that stage yet. The letter I am bout to send is letter 2, preliminary request for repayment, because of the delay in Halifax`s response to my S.A.R. my time scale has been extended due to the fact that I was unaware of what charges had been levied.

[stonedecroze]

Today I received 2 letters from Halifax.

Letter 1 informing me that I will receive S.A.R - (Subject Access Request) details within next 40 days. (I had this about three weeks ago) Does this mean that the right hand is unaware of the actions of the left?

Letter 2 Informing me that all charges have been correctly applied (usual fob off letter).

In view of the fact that they have replier to my request for payment within the 14 time limit that I gave them, can I now press on with L.B.A. (letter before action) earlier than the 14 days?

[stonedecroze]

Thanks Tilly, thats what I thought, Just wanted to make sure.

[stonedecroze]

I certainly will, I am not expecting this one to be as easy as my other two claims have been. I think that that I will have to go oll the way with this.

[stonedecroze]

I am now girding my loins to prepare for court action, and I have a couple of queries.

1) I am taking this action on behalf of my son, and will probably appear in court on his behalf. Can I do this? Do I need to get a letter of authority from him to act on his behalf? :?

 

2) Are there any links?help pages on how to fill in all the forms etc. or downloadable blanks this I can fill in on my computer to print off? and if so should I print off at least 3 of each (1 for me, 1 for Judge and 1 for defendant) and should I print 1 extra for my records? ?

 

 

I am moving into new ground for me, and am a bit unsure where to go next.

L.B.A. was delivered on Monday 9th July , and due to Posties justifiable industrial action I will give Halifax a couple of extra days to reply.

 

Thanks for any and all help:D

[stonedecroze]

I will get written authority from the lad, (I don`t think rotten authority will go down too well ) Is it also worthwhile mentioning that whilst a member of the Subject Access Request Team from the Trinity Rd. address sent me the information requested in my S.A.R - (Subject Access Request) (Subject Access Request) after 57 days had passed and I had lodged a complaint with the Information Commissioners Office, 12 days later Carole Ward ( Data Subject Access Request Manager) sent me a letter informing me that I would receive the information requested no later than 40 days from the date of receipt of my original request (This 69 days after the date of the request). Does she not know what is going on in her team? (We all Know this to be true, the right hand does not know what the left hand is doing) would it help or hinder my case to show the Halifax as INCOMPETENT !! or do I leave it out and mention it at the hearing (if it gets that far)?:twisted:

[stonedecroze]

I know that strictley speaking that I should not us this thread to ask about others BUT.......

10 years ago before I moved up north I lived in the Channel Islands and had an account with Lloyds TSB and a business account with NatWest both of these had charges against them, If I can get the account numbers can I start actions against them through head office, which are here in England,

I Do not think that I can from Guernsey as the laws are different there and much more in favour of the Banks :p

[stonedecroze]

thanks for those 2 moneyhelp, I think that if I can find the details of my old accounts that I will give them a try though my local county court. If I do go down this route I will open a new thread.

[stonedecroze]

Thanks jontah, My son is in his thirties, so therefore I am expecting some objection from the bank to my representing him as he is "big and ugly enough to do it for himself"

[stonedecroze]

again jontah, can you or any one else offer advice on the wording of the letter? thanks :-?

[stonedecroze]

Surprise !! Suprise !!! today 19 July I received a letter from Halibut`s Trinity Rd. address as follows,

 

" Dear Mr. Croze

Information Commissioners Office ( Information Commissioners Office) complaint

Please find enclosed your outstanding infomation.

The Data Protection Act provides individuals with a right of access to their own personal data. Your information may also contain personal data about a third party. If we have not received their consent, we will have considered whether disclosing this information would breach any duty of confidentiality to that person.

 

If you would like a copy of our Data Protection Notification details which have been registered with the Data Commissioners Office, you may view this on the Internet at Information Commissioner's Office - Information Commissioners Office. alternatively, please let me know if you would like me to forward a copy to you.

 

I am sure you will find the contents self-explanatory however, if you have any data protection queries relating to the information provided, or believe anything to be inaccurate, please contact me.

 

Yours sincerly

 

Richard Ingham (This typed. NOT SIGNED )

 

 

Richard Ingham

DSAR Team Manager

Customer Relations "

 

 

Attached to this is list of charges, giving date amount DR

01/01/01 39.00DR

All this only 89 days after receipt of my original S.A.R. and about 20 days after some one else on the same team had sent me the same information. But still not the full information that I asked for, I wanted Statements ( still do! ).

Are they really this badly organised

 

Boy is somebody in far a shock cos I`m taking my N1 down to the County Court first thing in the morning, (if I can manage to get it sorted properly)

 

That might wake them up!!!

[stonedecroze]

I`m not really that sure. I think it may be a deliberate ploy by Halibut`s just to mess us around hoping that we will go away:eek:

[stonedecroze]

and he seems such a nice bloke. does anyone have any idea if I can claim for post, stationary and time spent on reading up and writing said letters? and if so do I just add to value on N1 and attach breakdown list and receipts etc? I can see a long night ahead filling it all out. Have to lay off the falling down water.:evil: