Tech v The Halifax ***SETTLED***

[technique]

I've requested data (Subject Access Request) from the Halifax for 2 accounts relating to banking history, as per the template on this website, and have also supplied the £20 (£10 for each account). Their 40 days was up today. I've received a letter from them today stating that they are under no statutory obligation to record the information and cannot provide the info.

Firstly, is this correct? Secondly, they've cashed my cheques - can I ask for that back?

If it's not correct, and I can report them to the information commissioner for a breach of the Data Protection Act, then which link do I use on their website - it's not clear ( Information Commissioners Office – Information Commissioner's Office ) ?

Are they just stalling? And if so, can I make a further request citing the law that states they must deliver - or, does the information commissioner demand the info on my behalf? What have others done when the bank has refused to disclose information?

Any help would be most appreciated.

[livelylad]

Originally Posted by technique

I've requested data (Subject Access Request) from the Halifax for 2 accounts relating to banking history, as per the template on this website, and have also supplied the £20 (£10 for each account). Their 40 days was up today. I've received a letter from them today stating that they are under no statutory obligation to record the information and cannot provide the info.

Firstly, is this correct? Secondly, they've cashed my cheques - can I ask for that back?

If it's not correct, and I can report them to the information commissioner for a breach of the Data Protection Act, then which link do I use on their website - it's not clear ( Information Commissioners Office – Information Commissioner's Office ) ?

Are they just stalling? And if so, can I make a further request citing the law that states they must deliver - or, does the information commissioner demand the info on my behalf? What have others done when the bank has refused to disclose information?

Any help would be most appreciated.

hi check out the non compliance link in the library.

[pford]

send them this full thread here


TEMPLATE LETTER 3

LETTER BEFORE ACTION
Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account: xxxxxxxx

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

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.

[sarahpp]

Originally Posted by technique

I've requested data (Subject Access Request) from the Halifax for 2 accounts relating to banking history, as per the template on this website, and have also supplied the £20 (£10 for each account). Their 40 days was up today. I've received a letter from them today stating that they are under no statutory obligation to record the information and cannot provide the info.

Firstly, is this correct? Secondly, they've cashed my cheques - can I ask for that back?

If it's not correct, and I can report them to the information commissioner for a breach of the Data Protection Act, then which link do I use on their website - it's not clear ( Information Commissioners Office – Information Commissioner's Office ) ?

Are they just stalling? And if so, can I make a further request citing the law that states they must deliver - or, does the information commissioner demand the info on my behalf? What have others done when the bank has refused to disclose information?

Any help would be most appreciated.

No disrespect but are you sure that they are not just talking about manual intervention? My first letter said (I will paraphrase the first bit) "your statements will be along shortly. With regard to manual intervention HBOS under no statutory obligation etc etc" That is just standard and means there has been no manual intervention.

Please re-read their letter before you send them another letter.....

[technique]

Thanks for the prompt advice. I should however have stated previously that the bank's letter says they will send me the statements, it's only the 'manual intervention' data that they claim they do not have/can not send on. I assume by this that they're saying they don't hold records of the bank charge letters.

Again, can I still send Template 3 as suggested?

[Aaronsdad]

As I was going away for a long weekend and my Data Protection Act date was today, under advice I decided to give the b%$**$s a nudge.
I found through Buckdalls thread, (where has he gone?) a load of e-mail info. In one afternoon I had e-mailed from the top of Halifax to the bottom.
That afternoon, I phoned Kelly Duffy and explained, politely, what I wanted and the action I would take if I didn't get it, ie report to the registrar etc.
As you can see 22 hours later, not only did I have a reply, but she had covered herself by replying to everyone else I sent it to.
Two things here! (As I see it!)
1. It was realised the due date was near and something should be done. (For the good of the corporation!)

2. The action taken was distributed to the very top for a reason. (For the good of Ms Duffy, who, bless her, did her job to her utmost!)

The info below are extracts from e-mails I received. If you would like further advice on e-mailing like working out the suffixes look at my thread
Aaronsdad v Halifax

Hope this helps

A D

PS The bottom e-mail is back to front because everything was replied to!


-----Original Message-----

From: T
Sent: 03 October 2006 15:26
To: Hornby, Andy (Executive)
Cc: Hinchliffe, Rachel (Legal Services - Retail Division); Turton, Jacqueline (Customer Relations); Plummer, Glenis (Customer Relations); Robertshaw, Damian (Customer Relations); Briggs, Sarah (Customer Relations); LouiseCurran@halifax.co.u k; Tyler, Margaret (Customer Relations Collinsons in Halifax); Graham, Jean (Customer Relations); Wood, Louise (Regulated Sales - Customer Relations); Martin, Helen (Customer Relations); Ball, Matthew (Collections & Recovery); AdrienPercy@HBOSplc.com; RichardAitken@halifax.co. uk; RuthStringer@halifax.co.u k
we can all work out their real e-mail addresses!

Good morning Mr

Just to confirm that I have put your statements in the post 1st class this morning. They are dated from the account opening on 10th April 1999.

As discussed the rest of the information that you have requested will follow.

Thank you

Kelly

From: Duffy, Kelly (Customer Relations)
Sent: 03 October 2006 17:28
To:
Subject: FW: Subject Access Request - SENT TO $DSAR 2.10.06

Dear Mr
Thank you for your e-mail.

I can confirm that we received your request on 21st September. Under regulations we have until the 29th October to respond. We will endeavour to respond before this date, although I cannot guarantee this.

Kelly

Kelly Duffy
Senior Customer Relations Manager
Executive Office
Customer Relations
Direct Dial 01422 326326
Fax 01422 326688
kellyduffy@halifax.co.uk
" Say sorry, put it right, learn from it - need some help to do it? Then click on:-
<http://hww.intranet.hx-online.hxgrou...f?opendatabase> "
Tis message and any attached files are attributable to the sender, should be treated confidentially and do not necessarily reflect the views of HBOS plc or its subsidiaries.

From:
Sent: 02 October 2006 15:11
To: $Customer Relations (Halifax)
Subject: Subject Access Request - SENT TO $DSAR 2.10.06

On 1/9/06 I sent a request under the Data Protection Act to my branch, (Com , sort -15).
Allowing two days for postage, the limit of forty days for me to receive the requested information expires on 12/10/06.
If I have not received the requested information by that date I shall inform the Data Protection Registrar then refer this matter to court to enforce your compliance.



--
No virus found in this outgoing message.
Checked by AVG Free Edition.
Version: 7.1.407 / Virus Database: 268.12.10/459 - Release Date: 29/09/2006

.
----------------------------------------------------------------------------------------------------------------------

Halifax plc, Registered in England No. 2367076. Registered Office: Trinity Road, Halifax, West Yorkshire HX1 2RG. Authorised and regulated by the Financial Services Authority.
========================= ========================= ========================= ===



--
No virus found in this incoming message.
Checked by AVG Free Edition.
Version: 7.1.407 / Virus Database: 268.12.12/462 - Release Date: 03/10/2006

[sarahpp]

Originally Posted by technique

Thanks for the prompt advice. I should however have stated previously that the bank's letter says they will send me the statements, it's only the 'manual intervention' data that they claim they do not have/can not send on. I assume by this that they're saying they don't hold records of the bank charge letters.

Again, can I still send Template 3 as suggested?

I don't quite understand your post - forgive my addled brain.

You won't get the "manual intervention" stuff - That is fine and works in your favour, it just means that they can't say "It has cost us x amount because we actually had to get a human being to do the job". If they had said that they would not supply the statements that would be different.

The next stage is to wait for the statements, work out your charges and draft your preliminary letter.

[technique]

Originally Posted by sarahpp

I don't quite understand your post - forgive my addled brain.

You won't get the "manual intervention" stuff - That is fine and works in your favour, it just means that they can't say "It has cost us x amount because we actually had to get a human being to do the job". If they had said that they would not supply the statements that would be different.

The next stage is to wait for the statements, work out your charges and draft your preliminary letter.

========================= ========

Thanks Sarah - where the statements will include the charges, it will not include what the charges were for and when they were applied. Will I need, when I'm claiming, to detail the charge including how I feel it was disproportionate? For example, if they've charged me £38 for being 2.50 shy of the direct debit etc. being paid, then do I need to tell them that it's no proportionate or is it just a flat 'you've charged me this so I'm claiming it back and it was all disproportionate' blanket claim? Sorry, I don't understand how these work but I'm getting very excited as I've been waiting years to shaft the Hali as they have to me.

[technique]

Originally Posted by technique

========================= ========

Thanks Sarah - where the statements will include the charges, it will not include what the charges were for and when they were applied. Will I need, when I'm claiming, to detail the charge including how I feel it was disproportionate? For example, if they've charged me £38 for being 2.50 shy of the direct debit etc. being paid, then do I need to tell them that it's no proportionate or is it just a flat 'you've charged me this so I'm claiming it back and it was all disproportionate' blanket claim? Sorry, I don't understand how these work but I'm getting very excited as I've been waiting years to shaft the Hali as they have to me.

PS Nice Pratchett statement. I also like 'a wizzards staff has a nob on the end' as per Nanny Ogg - who, when I read them, has my mother in law's voice!

[sarahpp]

Originally Posted by technique

PS Nice Pratchett statement. I also like 'a wizzards staff has a nob on the end' as per Nanny Ogg - who, when I read them, has my mother in law's voice!

Absolutely! ...and "The Hedghog who cannot be b******d"

Your Halifax statements will come through with "Charges as notified" and that is really all you need to put on your spreadsheets. You don't have to justify it any further than that.

Your statements should be with you soon. Mine arrived through the letterbox within a day or two of receiving the letter you have just had. They send each month in an individual envelope. I was popular with the postie that morning!!

The best bit was going through them with a big, pink highlighter. The first time I have been pleased to see charges on my statements.

Good Luck with your claim & keep us updated

Sarah

[technique]

Originally Posted by sarahpp

Absolutely! ...and "The Hedghog who cannot be b******d"

Your Halifax statements will come through with "Charges as notified" and that is really all you need to put on your spreadsheets. You don't have to justify it any further than that.

Your statements should be with you soon. Mine arrived through the letterbox within a day or two of receiving the letter you have just had. They send each month in an individual envelope. I was popular with the postie that morning!!

The best bit was going through them with a big, pink highlighter. The first time I have been pleased to see charges on my statements.

Good Luck with your claim & keep us updated

Sarah

========================= ======

They've arrived - CRIVVENS!

29 separate envelopes - I think they have chucked their teddy out the pram.

Worth it though as it's added up to nearly 2 grand!

Now to enter it all in the spreadsheet - does the spreadsheet go with your claim?

[sarahpp]

Are you going for contractual or statutory interest? The spreadsheets go with both your prelim and LBA in either case but, if you decide to claim contractual interest you also have to mention that in both letters.

Sarah

[technique]

Originally Posted by sarahpp

Are you going for contractual or statutory interest? The spreadsheets go with both your prelim and LBA in either case but, if you decide to claim contractual interest you also have to mention that in both letters.

Sarah

========================

Having another problem now, hope you can help. I've used the spreadsheet in this action group for contractual interest. When filling in the spreadsheet, it's talking about estimated overdraft balance, interest free overdraft and bank interest on penalties. How do I work out any of that from the statements? I can see when they've debited my account with interest but that isn't necessarily anything to do with the charges, it could be just the interest on the account itself. Also, although I know I had an overdraft on those days dates but cannot tell whether I'd been charged for being overdrawn or charged interest. Any thoughts?

Otto the vampire steadied his camera, pointed it at the subjects and said 'Do not be movink please. He peered into the iconograph and raised the Salamander in it's cage, which acted as the flash. 'Looking this vay please'. Click. Whoomoph. 'oh shee-yut'. Dust floated to the floor. 'Too much flash' said William. A small piece of card was on the floor in amongst the dust that was once Otto. 'Do not be alarmed', it read. 'The former bearer of this card has had a little accident. You vill need a drop of blood from any species, and a dustpan and brush'.

From 'The Truth' by Terry Pratchett

[sarahpp]

I tried to use the spreadsheet you are using but, had to concede defeat I am afraid-it was beyond my technical capabilities. There is another spreadsheet in Vampiresses chambers which does not require the balances with an annotation "vampiresses recommendation if balance is unknown" - I paraphrased that because I haven't got it in front of me. That is the one I am using - it only requires the charge description and date (in the american format). You could see if you get on any better with that one.

Best Wishes

Sarah

[technique]

Originally Posted by sarahpp

I tried to use the spreadsheet you are using but, had to concede defeat I am afraid-it was beyond my technical capabilities. There is another spreadsheet in Vampiresses chambers which does not require the balances with an annotation "vampiresses recommendation if balance is unknown" - I paraphrased that because I haven't got it in front of me. That is the one I am using - it only requires the charge description and date (in the american format). You could see if you get on any better with that one.

Best Wishes

Sarah