Stu vs HBOS (Â£ + default)

**kevcam** · 21st June 2006 15:28

Hi,

I sent my DPA Subject access request icon

two weeks ago.

They owe me around £4,500 in bank charges. Most of these started around 2 years ago when my wife paid in a cheque of £800 to our account and the trainee put it through as a withdrawal !!!

It took months to get this error fixed and we had built up around £2000 in charges. As a goodwill gesture icon

they refunded half of these even though we would not have any if it were not for their mistake!!!

Since then other charges have built up.

Still not received any statements, so I gave the Bank a call and they tell me they cannot comply with DPA request because statements cannot be issued as my account is excessively overdrawn. (they took my overdraft icon

away a couple weeks ago).

Regards

Stuart

Similar Threads:

**:Boy:** · 21st June 2006 15:40

Hello,

Good luck, don't forget to send the £10 with the DPA letter.

Keep us posted.

Best regards

**thewifeandI** · 21st June 2006 16:25

It's amazing that they expect you to pay for their mistakes - and a goodwill gesture icon

for half the amount caused by their incompetence - I've got a gesture for them! :o

**mechs** · 21st June 2006 16:32

Originally Posted by stuconroy

Still not received any statements, so I gave the Bank a call and they tell me they cannot comply with DPA request because statements cannot be issued as my account is excessively overdrawn. (they took my overdraft icon

away a couple weeks ago).

Utter rubbish!!! as it is a requirement of law for them to supply this information if it is requested under a DPA with £10 payment. The bank has 40 days to comply.

I suggest that you keep all communication via letter rather than making phone calls icon

as you will then have proof.

Here is the link to the templates library where you will find the letter to send to them for non compliance to a DPA request

**thewifeandI** · 21st June 2006 16:41

I think the issue here might be that you have asked them to take the money for the DPA from your account or paid with a cheque from your account. In this case you will need to send them a PO or other form of payment before they will go ahead.

**kevcam** · 21st June 2006 17:20

Thanks for all your replies.

I sent the original DPA letter with a cheque from a Lloyds icon

TSB account.

Cheque has not been cashed though.

The lady I spoke to at Bank of Scotland icon

claimed that as my account is overdrawn and passed to their Collections Dept they cannot supply copy invoices.

I've called back since and asked to speak to 'someone in charge' and I am now getting all statements sent to me.

Can't wait to add all those charges up ;-) .

**thewifeandI** · 21st June 2006 17:35

Originally Posted by stuconroy

The lady I spoke to at Bank of Scotland icon

claimed that as my account is overdrawn and passed to their Collections Dept they cannot supply copy invoices.

I've called back since and asked to speak to 'someone in charge' and I am now getting all statements sent to me.

Can't wait to add all those charges up ;-) .

Yet another case of lies (sorry, 'staff training issues') designed to scare you off - I wonder if they get brownie points for putting customers off claiming...?

**kevcam** · 28th June 2006 13:31

Hi,

I am really getting messed about here by HBOS icon

.

My fault really as my DPA letter was not sent recorded. BIG mistake for anyone else just starting out please make sure you send everything recorded. I've learned from my mistake.

Letter was sent 12/06/06. I phoned HBOS and they acknowledged receipt on 14/06/06 and claimed my statements would be sent in a couple of days. A few days later I called and they had no record of the letter (wonder what happened to it). The nice lady on helpdesk said she would reorder and it would take another few days.

I call again and they have no record of me requesting statements. This has went on and on.

Second DPA letter sent today with another £10 - RECORDED DELIVERY.

I will not give up!!!

This has happened again an

**ScotsJamie** · 28th June 2006 13:44

Stay calm and dont get too peeved - This has happened to me also with the DP shenanigans. It will all be worth the effort once you get your money though. Just follow the procedures....everything in writing...and you will be LOADED

**thewifeandI** · 28th June 2006 14:01

Originally Posted by stuconroy

Hi,

I am really getting messed about here by HBOS icon

.

My fault really as my Data Protection Act letter was not sent recorded. BIG mistake for anyone else just starting out please make sure you send everything recorded. I've learned from my mistake.

Letter was sent 12/06/06. I phoned HBOS and they acknowledged receipt on 14/06/06 and claimed my statements would be sent in a couple of days. A few days later I called and they had no record of the letter (wonder what happened to it). The nice lady on helpdesk said she would reorder and it would take another few days.

Check to see if your original cheque was cashed - if so they are lying and you have the proof, if not then they are still lying because they acknowledged it over the phone anyway.

Your 40 days still starts from 14th June when they acknowledged receipt anyway, so keep that in mind when looking at your timetable.

**kevcam** · 29th June 2006 16:51

Got some statements at last

Only statements until May 2004 arrived so far so I'll wait a day or two to see if they arrive in another parcel.

Its the recent 2 years statements that I want most is because that is when the bank really screwed me.

I have counted almost £4,000 so far

so I can't even begin to guess how much they have [EDIT] from me in total.

**thewifeandI** · 29th June 2006 17:25

Ouch! You'll probably have to claim in two stages to avoid going over £5K per claim.

**ScotsJamie** · 29th June 2006 23:27

Stu, the amount of money you will get back scares the bejesus out of me. I`m watching with interest icon

. I think its hilarious that you are going to get enough money to buy a new car or several luxury cruises ALL for reclaimed bank charges

**kevcam** · 30th June 2006 09:11

Originally Posted by ScotsJamie

Stu, the amount of money you will get back scares the bejesus out of me. I`m watching with interest icon

. I think its hilarious that you are going to get enough money to buy a new car or several luxury cruises ALL for reclaimed bank charges

Hi thanks for your support.

Got some more statements in and total is now £6,327.95 not including any interest at 8%.

Still missing 21 statements though. Have phoned bank and promised they are on their way. Where have I heard that before

?

Unlikely to be buying a new car or a cruise though as I had to take a secured loan (which I can't afford) to get out of the mess Bank of Scotland icon

got me in so hope I can pay that off.

**ScotsJamie** · 30th June 2006 09:46

:o
Stu,

The DPA clock is ticking with them, they only have 40 days to comply with your request and if there are pages missing then they havent fully complied. They have confirmed receipt of your request AND your £10 max statutory fee.

It wouldnt do any harm to remind them that you will be informing the Information Commissioner if you do not have the remaining statements within the time limit. Time is money!

**mechs** · 30th June 2006 09:46

Hi Stu best of luck ...............do you live in Scotland .........because I think the limit is £750 for the small claims track whatever they call it up there .....so you will have to do several small claims ....not all at once though otherwise the Halifax icon

may ask for them all to be amalgimated into one claim and then you will encounter fees if you were to loose ( not that you are likely to)

**kevcam** · 30th June 2006 09:53

Hi,

Yes I live in Scotland but I am able to use an address of a relative who lives in England so I can use Moneyclaim.

I will likely split the claim into two to meet the 5K limit.

I'll check to see if remainder of statements have arrived at lunchtime, and if not I'll phone their Data Protection department again.

Regards

Stuart

**mechs** · 30th June 2006 10:47

Originally Posted by stuconroy

Hi,

Yes I live in Scotland but I am able to use an address of a relative who lives in England so I can use Moneyclaim.

I will likely split the claim into two to meet the 5K limit.

I'll check to see if remainder of statements have arrived at lunchtime, and if not I'll phone their Data Protection department again.

Regards

Stuart

Good luck my friend

**ScotsJamie** · 30th June 2006 11:01

Good luck!

**kevcam** · 6th July 2006 09:24

Hi,

Finally have all my statements. The amount of charges on my joint account is £6,791.84 and on my wife's account it is £1003.56. With 8% added it is quite a bit more.

What I have decided to do is raise two simultaneous court actions, the first by me for £4,945.14 on our joint account to March 2005 and a second court action by my wife for her personal account and our joint account from April 2005 to present.

I can't see how they could possibly join two seperate actions from two different people, but anyone's thoughts on this would be welcome.

I have drafted the prelims and will send them later today.

Thread: Stu vs HBOS (Â£ + default)

Thread Tools

Stu vs HBOS (£ + default)

Re: Stu vs HBOS

Re: Stu vs HBOS

Re: Stu vs HBOS

Re: Stu vs HBOS

Re: Stu vs HBOS

Re: Stu vs HBOS

Re: Stu vs HBOS

Re: Stu vs HBOS

Re: Stu vs HBOS

Re: Stu vs HBOS

Re: Stu vs HBOS

Re: Stu vs HBOS

Re: Stu vs HBOS

Re: Stu vs HBOS

Re: Stu vs HBOS

Re: Stu vs HBOS

Re: Stu vs HBOS

Re: Stu vs HBOS

Re: Stu vs HBOS