Was you added as an additional cardholder?

that's is an additional cardholder form above

@dx100uk,

yes, it says that I was added as an additional cardholder, but the original card, circa late 80's was in my name with my wife as the additional card holder. Don't know if that is relevant?

sidley

Hi all,

Been a long time but I've finally got a response from Halifax to my SAR, today.

Lots of things to wade through, but in their covering letter it states .. "Copies of Default and Enforcement notices are not saved by customer name so we are unable to provide copies under a Data Subject Access Request."

Is this true?

It also states .. "Please note that the original signed credit agreement has not been retained, however please find enclosed a photocopy of the application form that is held on our system"

I find it difficult to believe that they do not retain important documents such as a DN or Enforcement notices.

Also missing are any copies of letters that I sent to them or their responses sent to me. In previous SAR to other banks they have included all correspondence received or sent.

Does this mean they don't have them or cannot be bothered to find them.

So, do I need to chase them up (is it worth it) or should I wait to see what happens?

any help gratefully received.

Ta sidley

they don't have to keep them

they only have to be able to prove they were sent in say the comms or the account log.

as for the agreement

its not part of an sar

that's what a CCA request is for..

It is however a good thing that the original agreement has not been retained

It is however a good thing that the original agreement has not been retained

Thats the most important:wink:

Thanks fletch & andy

It is however a good thing that the original agreement has not been retained

Sorry for being so opaque, but why is it a good thing? Is it because the CCA was pre 2007?

With regard to hard copies, it seems that the DCA (cabot) have no difficulty getting hold of hard copies from Halifax. Not the DN but the NoA amongst other things .

So why can't they get them for me?

Secondly, the log of the account (difficult to read because they use codes - code book supplied- rather than a written entry eg instead of "DN sent" they would but down DSF45 which means a DN was sent) there is no entry for a DN.

Also, as mentioned when I SAR'd Barclaycard they supplied scans of all the letters I sent them and a hard copy of all their letters sent to me. Does this mean Halifax do not scan letters or keep correspondence sent to me on their system?

I know I'm jumping the gun here, but if later on they decide to pursue this through the courts (no threats yet) and suddenly all these letters turn up in their witness dossier, what would be the outcome there? They have suddenly supplied them for the courts but not for the SAR. So should I make a complaint to the ICO that I feel that they have not supplied me with everything. And if they respond with "they do not have anything else on me" (complaint closed) but they suddenly appear at later date could I call into question their legitimacy?

Just wondering.

Ta

sidley

no signed agreement = forget about the debt

its going nowhere.

dx

Hi Sidley,

I had no signed agreement in one of my cases too .. but the Judge allowed reconstituted docs to stand .. these reconstituted docs did not even hold my signature.

It was the DN notices that won day for me in both my cases.

I had stated the reconstituted agreements were just generic and also proved certain facts stated did not even relate to same era, but Judge stood firm the reconstitutes were allowed, whether that may be .. as Judges had already decided I was going to win the case on the NO DN ISSUED point, i will never know.