Thread: Sally v Halifax visa "WON"

Patience may be a virtue I have in spades but there comes a time.................

Send off my original SAR request last November but the cheque bounced. Sent replacement cheque in the new year and then sent non-compliance letter last month. I then had letter saying 'sorry, info will be with you by 9 April. Then yesterday I had further letter saying as I am still in arrears and they will be issuing default notice. This despite the fact that I am paying via the cccs. Was I mildly irritated - too true I was. Whether my assumption is true or not I got on the 'phone and said they could not default my account as the claim is in dispute and where is my data 'cos as a result of letter in my hand I would be filing for non-compliance on Tuesday. Nice girl at the other end said she would send e-mail to relevant department so I said thank you for telling them to get their act together and I would not file for non-compliance on Tuesday.

If a week passes and I still have no data am I correct in assuming I claim my £10 fee back via the court as I cannot see what expenses/damages I can ask for.

This is like pulling teeth. What is it going to be like when I go back approx 12 years?

Similar Threads:

• Moneyhelp Vs Halifax Visa**WON**
• sally v NatWest ***WON***
• Halifax Visa - Scottiepoll ****WON****
• Court Claim With Halifax Visa Card - ***WON***
• GaryH vs Halifax Visa - they're actually *NOT* defending! **WON**

Sally

Do your research on Data Protection Act non-compliance and get moving on that. Never mind the £10 fee, it's the statements you are after?

In the meantime, you also need to get the Halifax to hold off the Default Notice.

Send a modified 'prelim letter' a.s.a.p, but change it to allow for the fact that you are still waiting for a full list of charges. The prelim letter is usually a complaint for a very specific amount. Your letter will need to be a more general one - for a sum 'to be advised' maybe?

Most importantly, ensure that the words 'complaint' and 'in dispute' are prominent in your letter, and ask them directly not to default you. Send it Recorded (Signed For) Delivery - it'll cost £1.00 for First Class.

You *must* also contact the CCCS urgently and explain to them what Halifax are doing - their advice will be invaluable.

It's also best to keep communication with the banks to recorded delivery letters only - if they phone you, politely ask them to confirm what they are saying in writing, and that you will respond fully to their letter when it is received. Do not trust phone calls from banks or their lawyers.

Yes, it is like pulling teeth.

Go and sharpen your pliers ....

T.

Thanks Todge. I have already sent an e-mail to cccs informing them of default notice and asking them to tell Halifax my financial situation is the same.

The reason I think I need to put £10 fee in claim for non-disclosure is because the library template talks about costs and damages and so far that is all I have forked out. Yeah, all I want is my data and when they fail to go back to the agreement start date I will complain about that. So far I have sent everything with Royal Mail's FREE 'Proof of Posting'. It's legal and does for me.

hie guys im a step 4ward now thanks to you all again Now i have received my statements ,what they did was they sent me 2 packs of envelops full of them so i had to pick all the charges and add them up but i found out that some few months were missing ,about 6 months in 2002.do i phone them and ask for the rest?

i also added the amount to £1095.5 with no interests , How do i add these interests for each charge?
And last but not list guys you know i will always come back , WHAT DO I SEND TO THE BANK NOW ? THE CHARGES? PLEASE HELP I WANT TO SEND THIS BY TUESDAY.
THANKS
AND ENJOY YOUR WEEKENDS . sorry for changes im getting how things work bit by bit! please help with the above issues

Thanks, I have been out in the garden, watched some telly and cooked a lovely roast sunday lunch and am now sat here with a beer, so nicely chilled thanks very much.

Go back to the templates library and find the non-compliance letters section. There is one tailor-made for every eventuality and their failure in not sending all statements for whole claim period will be there. With regards to interest I don't have a clue at the moment AS I AM STILL WAITING FOR MY STATEMENTS but if it is like current account it should state interest debited at the end of the month, but I am just guessing. Do you have your own thread yet? If not go to the start of Halifax forum and at the top on left-hand side it will say 'start new thread' click on that, give yourself a title and away you go.

After you have got all bank statements that would be the time I personally would send preliminary letter using 'Proof of Posting'. I would use 'proof' for non-compliance letter as well

I dispute that. RM promise to deliver 1st class within 2 days of when it was posted and it has been stamped and you have the receipt with the receipant's address so what more could you ask for? Should any bank etc say no such letters (prelim, lba) were posted you have the proof. The courts themselves post 1st class so they have faith in our postal system. I am planning on using recorded when I send off proofs required by the court however.

Even then the banks can be tricky.
When i won my nieces claim with Barclays, i had proof (recorded) they recieved her letters, but they still denied it and made us send twice.

But i always do recorded, it is good for you if it gets to court.

Just when I was thinking I needed someone new to go after my data arrives yesterday. Spent the evening going through with marker and sent off prelim today. This is great 'cos they only sent me data from 2002 so I can now request the rest back to the 1980s (in theory anyway) while proceeding with this claim. Any idea how far back Halifax data goes people?

Got a reply. They will reply within the next 4 weeks. No surprises there then.
lba going off soon as 14 days are up.

Oops. 14 days are well and truly over. Never mind, waiting for my new WTC/CTC award letter to arrive so I can claim remission. lba going in post tomorrow. At this rate I will have 4 seperate claims to file in a fortnight. That'll keep me out of mischief. Will all 4 settle before we go on holiday in August? Come on as usual Howard, I need my extra. 8)

It does help Lorraine if you don't send them a bouncing cheque!!!! Silly me. I was busy with other claims so didn't get round to sending a non-compliance letter. I have claimed late/overlimit/unpaid cheque fees and don't forget to add your £10 SAR fee. I like Vampiresse's spreadsheets and I have used nos 14(a and b?) which works out 'bank interest on penalties' in last column adding quite a bit onto my claim before I file at court. I only go for statutory as I couldn't get my head round contractual 100%. Now I'm curious so off to Vamp's chambers to see what I will be claiming when I get to court. All the very best with your claim, Sally

I must be getting clever. Used nos17 not 14 when you get that far.

Yes, today. It just says I am not going to have the charges refunded as they were applied as per my original agreement. Quick turnaround - I only wrote on the 19th. I will just have to check they have not defaulted me and proceed to court then. I had kept up the payments via the cccs but apparently the arrangement should have been reviewed sometime in the last few months. News to me.