Emma Vs Halifax **WON**

**emmaf01** · 26th November 2006 14:12

Hi everyone.
Last week I sent off my SAR icon

for my 2 Halifax icon

accounts. I'm at the mcol stage with Nationwide icon

, and this has given me the confidence to go for the rest of my financial providers, past and present.
Its so nice to know that I'm not the only person to incur charges! Certain financial institutions make you feel like a leper, when in fact they are making money out of your "mistakes".
The Halifax has been the institution who has charged me the most so I'm looking forward to getting these statements. Of course, by the time I get my statements, I'll be spending New Years eve with my highlighter pens and a calculator!

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**livelylad** · 26th November 2006 14:19

Best of luck Emma.

**emmaf01** · 26th November 2006 14:28

One account is in credit, the other (my old and much abused student account) is about £2K overdrawn. I haven't had much activity in the first since about 2002. The other hasn't been in much use (apart from payments to slightly reduce the debt) since 1997-8. I've got to wait and see what they come back with in response to the SAR icon

.
Whatever I get can get back, is a plus.

**emmaf01** · 7th December 2006 23:53

So, last month (20/11) I sent off my SAR icon

. No response until today when I got a letter apologising for the delay, that my statements for the last six years would be with me shortly and that all of the letters/charges require no manual intervention and are all automatically issued.

Isn't that proving that the charges they are applying are illegal before we even start?
I wonder if by admitting this at the beginning we can shorten the process. Or more likely give me a bigger laugh if they try to refute it later.

**hagenuk** · 8th December 2006 00:41

Probably the latter! Regardless, at least you should have your statements shortly.

**sarahdactyl** · 8th December 2006 00:55

We got our statements dead on the 40 days!

**emmaf01** · 9th December 2006 15:17

Well, statements for one account arrived today. !9 days- must be a record!
I am doing the prelim letter, but also looking at the spreadsheets. For the Nationwide icon

I did statutory interest (I was scared).
Witht this I want to use contractual. Now I have read through as many posts and faqs as I can locate, I've got the spreadsheet down but I don't know what the hell I'm doing!
Is the contractual rate the same as the unauthorised overdraft icon

rate?
Do I change the 8% to 29.8%?
Argh!

**heckmondwike06** · 9th December 2006 19:40

Emma,

With HBOS icon

response to my SAR icon

they said that there were not obliged to provide any manual intervention details, is this same for you or was it worded differently?

I charged them 8% interest icon

(for my current account) is this correct?

**emmaf01** · 12th December 2006 16:55

I have just received the statement from my second (and incredibly overdrawn) account. No charges on that. I am a bit worried as this is more overdrawn than I remember, not having received statements or any correspondance fron them about this account for 5 or so years. All the charges on this account took place up to 1998. So I have no info on them (statement only went back to 2001).
Even if I go back to the account with charges in the last 6 years icon

and add basic contractual interest it covers less than a third of the overdraft icon

on the other account.
I don't know what I am doing and am getting into a right tiz over this!

**emmaf01** · 13th December 2006 16:46

Argh! I'm getting really wound up over this!
I've already been through the process (and won) with Nationwide icon

. But I only did statutory interest icon

on that.
I've been shafted repeatedly by the Halifax icon

, and so going for contractual compound interest would be preferable- I just can't get my head around the (wonderfully put together by the mighty Vampiress) spreadsheet.
If I'm claiming this sort of interest, do I have to get my spreadsheet together and numbers before the prelim letter, or just put the charges on alone?
Help!!!

**Michael Browne** · 13th December 2006 17:10

Contractual interest icon

should be included in the prelim and lba icon

letters and in the s/s schedule
You might fare better with Mindzai's CompoundSheet v1.8 xls s/s here
Medved2.net Free File Hosting, Free Image Hosting

**emmaf01** · 17th December 2006 04:20

Thank you for all help!
Finally got my head into gear. I think I just needed time to get my focus back.
And thanks to this site full of lovely people, I got what I needed.
So, prelim for one Halifax icon

account done.
And DPA non-compliance letter done for both, as I only got info from 2000 for one and 2001 for the really overdrawn one.
I feel so much better now!

**emmaf01** · 13th January 2007 04:27

Still waiting. Now I've got to wait until I've paid my card bill before I can mcol.
I've also got to follow up on the dpa non-compliance as well.
I don't want to have to go to court- can I first refer it to the information comissioner?
I'm going to have to get back on this next week!

**hagenuk** · 13th January 2007 10:02

I was forced by Halifax icon

to issue a claim for non-compliance with the Data Protection Act. They sent me my statements going back to 1992 as a result of the claim. It is highly unlikely that they would wish to appear in court.

However, you should issue the claim as the ICO can take up to 8 weeks to complete their investigation into your complaint. A DPA claim for non-compliance cannot be done via MCOL, you will need to use an N1 form. The information regarding how to complete that can be found here.

http://www.consumeractiongroup.co.uk...n-act-non.html

**emmaf01** · 18th January 2007 23:06

I've got my Info Com complaints form- I haven't got much time at the mo (sick toddler) so I'm doing that before resorting to the court.

Should I still mcol for the charges from 2000, and leave anything else for a separate claim once I've got the info?

**hagenuk** · 18th January 2007 23:52

Emma, I chose to begin a claim against them as they did not send me the statements. I view of the fact that you may be waiting some time, I'd be inclinded to get started on the charges that you can prove right away.

**emmaf01** · 4th February 2007 03:02

So- today I received a lovely letter from the Halifax icon

offering me £168 to shut up and go away.
I think they've been lulled into a false sense of security because I haven't made it to my local court to put in my 3 N1 forms- 2 for non-compliance for dpa and one for bank charges totalling £703 including contractual interest icon

- plus £10 SAR icon

costs.
I think that's a no then!

**emmaf01** · 11th February 2007 17:48

So, on this letter they sent me, they asked me to call if their offer was not acceptable. So, after I had written the letter saying "no thanks" to their minute offer- which did not even cover the charges taken, I thought I'd ring to see what they would say.

Well, that was an insight into their thinking. I found out they only offer a refund of charges within six years of the complaint reaching their specific office. This means that although my SAR icon

was in November and my prelim in december, they only got my complaint through to them on February 1st- so will only refund charges from February 2001. Errm?

I asked them why they ask me to call if their offer was unacceptable, if they would not change/increase their offer if I was unhappy with it. They just said they had no authorisation to offer more.

After I got off the phone, my child unfortunately heard a phrase I hope he never repeats!

**hagenuk** · 11th February 2007 19:14

Now issue your claim Emma

**emmaf01** · 20th February 2007 06:14

Claim issued on MCOL yesterday!

I've only gone for statutory interest icon

, due to conflicting info on the contractual at present.
However, I'm interested in the DPA non-compliance claim you've made, Hagenuk. I've looked at the particulars of claim (in the templates), But I'm confused about the damages aspect- what sort of things do you count as damages in this sort of claim?

I've sent them a nasty ish letter regarding this today- with much help from Tanzarelli's letters to the Barclays icon

-monster! And also asked them to produce signed contracts as per Consumer Credit Act 1974!
I hope it all helps to get them a) to give me my money back, and b) not to play nasty with regard to my old student account- a nightmare of student mismanagement!

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