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I have asked the Halifax for my DPA request on 27th April and they replied with a list of charges amounting to £148, I both phoned them and emailed them asking for a full disclosure and recieved today another list of charges amounting to £349 and they offering £200 as a good will jesture I still have not recieved a set of statements from them, do I wait for the remaining time (6th june) to inform the information commissioner that they have failed to deliver my request under the dpa or can I write to the commissioner now?
this is an abstract from their letter what a laugh
quote "You have requested information on how we calculate our costs for dealing with these transactions. Please note that we are not obliged to under the data protection act to supply this information, and as it is commercially sensitive ,I regret to inform you that I am unable to comply with your request "quote
Signed Damian Robershaw
He also went on to say if I didnt manage the account properly they have the right to close it ........he can try ,,,,,,,,it was closed 3 or 4 years ago
Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.
Re: Mechs and Mother (deceased) V halifax please help
Could i have an oppinion on this email I want to send to the Halifax please
Dear Mr Robertshaw,
Roll Number xxxxxxxxxxxx
Reference number xxxxxxxxxx
Thank you for your letter dated the 22nd May 2006.
However, I am unable to accept the offer of £200.00 from Halifax in Full and final settlement of our complaint(s) regarding bank charges made on any of our Halifax accounts until I have received the full disclosure as I have requested. Of course if you wish to send a cheque in the name of mr mechs for the sum of £200.00 in partial payment then that is fine.
I would like to draw to your attention your statement in your letter which is and I quote "Turning to your request for an exhaustive list of charges . Whilst I acknowledge it is your legal right to apply formally under the Data Protection Act for all the records we hold on you, your request is very specific".
I have requested this information three times now twice by email and by telephone to one of your colleagues
In your last comunication you gave me a so called print out with £146.00 in charges, today I have recieved a print out with £349.00 in charges, Please explain the £203 descrepency.
My legal rights under the Data protection act is to RECIEVE the information asked for not a partial disclosure from yourself, you have broken the law by witholding information and unless I recieve the revelant information by the 6th of June 2006 I shall have no option but to start legal proceedings without further notice to make the Halifax comply with the Data Protection Act. Also I repeat my request about manual intervention
Perhaps this extract from the Data protection act will help clarify your position
Originally Posted by Data Protection Act 1998 7. - (1) Subject to the following provisions of this section and to sections 8 and 9, an individual is entitled-
(c) to have communicated to him in an intelligible form-
(i) the information constituting any personal data of which that individual is the data subject, and
(ii) any information available to the data controller as to the source of those data, and
(d) where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking.
You can take the £10 fee for the information from this bank account that I have with my wife SORT CODE: xxxxxxACCOUNT NUMBER: xxxxxxx NAME(S) mr and mrs mechs
Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.
Thank you for your letter dated the 22nd May 2006.
I respectfully decline your offer of £200.00 in Full and final settlement of my 'complaint' regarding bank charges until I have received the full disclosure I have requested. Of course, if you wish to send a cheque in the name of mr mechs for the sum of £200.00 as partial payment then that will be acceptable.
I would like to draw to your attention to the statement in your letter - (quote) "Turning to your request for an exhaustive list of charges . Whilst I acknowledge it is your legal right to apply formally under the Data Protection Act for all the records we hold on you, your request is very specific".
I have requested this information three times now, twice by email and once by telephone to one of your colleagues.
In your recent communication you supplied a print out with £146.00 in charges listed, yet today I have received a print out with £349.00 in charges listed. With such large discrepancies, I think it wise to await an exhaustive list of charges before we discuss a settlement fee.
My legal right under the Data Protection Act is to receive the information requested, not a partial disclosure. You will have broken the law by witholding this information unless I receive such by the 6th June 2006, at which point I shall have no option but to start legal proceedings, without further notice, to make the Halifax comply with the Data Protection Act.
Also, I repeat my request for evidence of manual intervention.
Perhaps the following extract from the Data protection act will help you to focus on the issue.
(DPA bla bla bla is fine)
I authorise you to withdraw the £10 fee for this information, should you wish, from my account number XXXXXXXX
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.
Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.
So as you can see two different so called print outs, two different lists of charges £349+ 146 equals £495 or least it did when i went to school,
what worries me is do I now trust another print out from them, and also how many others in here have relied on a print out rather than statement copies
If admin want these printouts to look at they are welcome, just pm me with an email addy
I am so angry at the moment I am sitting on my hands to hold back yet another email to mr Robertshaw telling him what I think of him.
Perhaps I ought to inform the banking Ombudsman, or just leave it untill june 5th when the time is up for them to comply with my dpa
Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.
Hi I have recieved two lots of computer prinouts supposedly under a DPA Subject access request and both printouts are for different amounts one for £146 and one for £349, the one for £349 does not include the charges in the printout for £146.
Just to warn you all, be careful of computer printouts
You can follow the story under mechs and mother (deceased)v Halifax
Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.
Re: Mechs and Mother (deceased) V halifax please help
Originally Posted by Lueeze
Thought I better merge these two...
good luck
Lou x
Hi Lou,
I put it in under a different thread because I wanted people to be aware that the Halifax sent me a computer print out rather than copy statements and the fact that they were incomplete, so if I had gone by the first printout I would have been over £200 pounds short
Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.
Re: Mechs and Mother (deceased) V halifax please help
Originally Posted by Lueeze
yep alot of us are having problems, I today got a print out from Woolwich with bits missing, it seems par of the course! They are all incompetant!
Awwww best of luck Lou.
I recieved a big brown envelope today with a load of statements shame it was for another account with them (that was my fault thoughI didnt put the details in, only an account number where they could take the £10 from) I phoned them up and by the time we had finished talking I felt like I was the guilty one the exscuses she made for her colleagues incompetence .......my second lot of charges are not on their system how strange ...is it a different account number .......no .......well £146 is all thats showing up .....and the charges are not unlawful you want to look on the oft website they say we can make a charge ...and we have offered 6 moinths of charges back ....so its now left if I dont recieve my dpa request in full by june 6th I am taking them to court. and if they dont cough up my charges I am taking them to court ....fed up yes .........giving up NO
Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.
Re: Mechs and Mother (deceased) V halifax please help
You've got to love 'em
..
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.
Re: Mechs and Mother (deceased) V halifax please help
Hi Guys and Gals just an update and some advice please.I have today had copy statements in the post on adding them up it amounts to £424 on the print outs which they sent me previously the amount was for £495 yet when I add them up it amounts to £514 (as they dont all tally up together) do I now go for the £514. Their time for giving me a SAR runs out on June 6th Any advice would be greatfully recieved
Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.
Re: Charges total- if you think the higher amount is correct, and you have not duplicated any charges, then go for that.
..
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Re: Charges total- if you think the higher amount is correct, and you have not duplicated any charges, then go for that.
Thanks Johnny I am not sure even now if they have supplied all the details because why are there charges missing from my statements yet on my print outs neither an explination to me asking why there is a difference so am going to go for a non compliance I think
Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.
Dear Mr Robertshaw Account: xxxxxxx Your reference xxxxxxxxx.
I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 27th April 2006 Despite several requests for this information the disclosure of personal data is incomplete in that at least the following documents are missing.
1) You have failed to provide a complete list of transactions and charges. (for instance there is a charge you sent to me on a print out on 31/10 01 for £30 and another two on 30/11/01 for £30 each ) these charges do not appear on my statements
3) You have provided no notes, or documents relating to instances of manual intervention
This is not an exhaustive list by any means, it is just an example of some of the information I am missing.
As you previously withheld the information requested, in as much you sent me originally a printout for £146 of charges
Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.
As the original Subject access request runs out on the 6th June and it is now the weekend I will give you a further seven days to comply.
Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.
Re: Mechs and Mother (deceased) V halifax please help
Well guess what no reply from the Halifax, the thing is do I send another letter threatening court action (already sent the prelim one) for partial non compliance of the data protection act or do i go for the throat? and take out a court order ( its been 48 days now since my first Data Protection Act application) the details on a print out and on the subsequent statements dont correspond, see above can i also ask for a copy of my original contract that they keep on about, after all I cant let jonni have all the fun I want some as well
Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.
Re: Mechs and Mother (deceased) V halifax please help
It's court action now - the letter you send was letter before action so no further time is necessary.
If you start a court action for non-compliance, there is nothing stopping you from a separate claim now for monies, using an estimated amount until they are prepared to give the full details.
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Re: Mechs and Mother (deceased) V halifax please help
Jonni, originally they sent printouts, then further to an email from me, they then sent statements ... but the statements don't tally with the printout. So I'm at a loss of what to do.
Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.
Mechs and Mother (deceased) V halifax please help
for my DPA request on 27th April and they replied with a list of charges amounting to £148, I both phoned them and emailed them asking for a full disclosure and recieved today another list of charges amounting to £349 and they offering £200 as a good will jesture I still have not recieved a set of statements from them, do I wait for the remaining time (6th june) to inform the information commissioner that they have failed to deliver my request under the dpa or can I write to the commissioner now?
He also went on to say if I didnt manage the account properly they have the right to close it ........he can try ,,,,,,,,it was closed 3 or 4 years ago
don't be like the banks - give a little back 
Reply With Quote
Originally Posted by Lueeze
I recieved a big brown envelope today with a load of statements shame it was for another account with them (that was my fault thoughI didnt put the details in, only an account number where they could take the £10 from) I phoned them up and by the time we had finished talking I felt like I was the guilty one the exscuses she made for her colleagues incompetence .......my second lot of charges are not on their system how strange ...is it a different account number .......no .......well £146 is all thats showing up .....and the charges are not unlawful you want to look on the oft website they say we can make a charge ...and we have offered 6 moinths of charges back ....so its now left if I dont recieve my dpa request in full by june 6th I am taking them to court. and if they dont cough up my charges I am taking them to court ....fed up yes .........giving up NO 
LOL