Halifax gave me a default due to bank charges

[suzby83]

Hi,

 

Just after some advice... I sent the below letter to halifax as they gave me a default in 2007, during my dispute with them regarding bank charges. I issued the letter on the 20th May 2009, and ive still not heard anything. I rang customer relations this morning just to see if they have received my letter and they stated that they have no record of receiving it. I explained what the letter was about and the woman i spoke to told me that the default would not be removed as i broke the terms and conditions and the money that i received was a good will gesture. I told the woman that i would re-issue the letter but she tried to talk me out of it by saying the default would not be removed.

 

Can anyone help me on what steps to take.

 

 

Below is the letter i sent them...

 

 

Notice pursuant to s.10 of The Data Protection Act 1998

and

Notice of intended Data Protection Act complaint

Sort Code **********

Account No. ********

Roll No. ***********

 

To The Data Controller/Compliance Manager.

 

Whereas I have been a customer of Halifax Plc Bank for over 20 years and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

 

Therefore Take Notice that I require that you cease from processing within 14 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

Further take notice that I intend to make a formal complaint to the Information Commissioner and/or to the Courts that you unlawfully hold, process and distribute inaccurate information about me.

 

This is in addition to any rights which I may choose to enforce under the law of defamation

I look forward to hearing from you by return within the next 14 days

 

Your’s sincerely

[suzby83]

BUMP.... Should i proceed to write to the FOS?

[moneydragon]

BUMP.... Should i proceed to write to the FOS?

Hi suzby, I am a little ahead of you in that after getting no where with two of my creditors I referred them to the FOS though dont expect a speedy outcome as my complaints where raised in March and I am still awaiting an outcome - in fairness they are weighed down by complaints from all us cagers!!

 

Good luck

md:(

[suzby83]

Hi suzby, I am a little ahead of you in that after getting no where with two of my creditors I referred them to the FOS though dont expect a speedy outcome as my complaints where raised in March and I am still awaiting an outcome - in fairness they are weighed down by complaints from all us cagers!!

 

Good luck

md:(

 

 

Hi,

 

Ive received a response from both the FOS and Halifax.

 

FOS said that they are unable to deal with my complaint as they do not deal with companies that are not FSA compliant!!! Is this correct??

 

Halifax stated that they will not action anything at the moment and bank charges have been put on hold! I now they have been out on hold but im not wanting any money just the default removed!!!!

 

Can anyone help me. I'm at a lost end now

[suzby83]

bump!

[suzby83]

update.

 

Ive now sent my complaint to the ICO. hopefully they will help me getting the default removed.

[suzby83]

Good News!!

 

I've just checked my Equifax credit report and the default has just disapeared!! its says the file was updated today and the default has gone!! the only other thing that has appeared is data recorded called AP (arrangment to Pay) I am going to question this as there was no arrangement to pay. This is good news however, i need the data removed from Experian as well. Think i will email then and tell them what equifax has done. Woop Woop

[suzby83]

Ive just checked my Experian credit report this morning and the default has also dissapeared from my file.

[moneydragon]

hi suzby

 

Well done you:D

 

md

[suzby83]

Response received from Equifax today!

----------------------------------------

Dear *****

 

Credit Agreement - Halifax Current Account

 

The company has agreed to amend this information and we can confirm this will show as no default registered on your next credit report.

 

The note previously added, stating that your information was in dispute has now been removed.

 

You’ll find more information about your credit report at: http://www.equifax.co.uk/help. If you have a question, you should find the answer in our FAQ section. If not, you can send us an online query, and attach your documents to it - no need to worry about them getting lost or delayed in the post.

 

I hope you find this useful. If there’s anything else we can do for you, please let us know.

 

Kind regards

 

Equifax Customer Services

--------------------------

 

Note to all other members, please dont give up. My battle has taken me over 2 years and justice has been served !!!!