Sent off SAR request 29 January. They must be overworked 'cos I haven't heard anything. This is my problem? Sending off non-disclosure letter tomorrow giving them 7 days till I complain to the courts. Can't wait to see how much they owe me. It's a shame I have to use 2 envelopes 'cos my Sainsbury's data hasn't turned up either and the address is the shame. Hey ho

Just when I was getting a little impatient 2 sets of duplicate letters arrive this morning. One denying ever receiving my SAR request (yeah - well I've got proof of posting) and 2nd letters advising that the data will be with my by Easter. Oooooohhhhh I can hardly wait.

They live in cloud cuckoo land. Had a letter referring to my letter of 26 January advising me they are 'unabale to process this request for you, as we do not have sufficient information to confirm all the details required'.

Well, they are still sending me statements every month. Now I'm getting mad!!!! Can't decide whether to 'phone them up or go for non-compliance order this Friday. Any thoughts people?

Ignore above thread. The letter was concerning my Sainsbury's account details. They are working overtime to cope with volume of work. Ahhh, shame.

Now we have been advised to claim more than 6 years can I write back to Halifax asking for more data? I originally wrote in November so I am wondering if it is now too late. Would it be more sensible to send another SAR? My account with them may go back pre-94 and I have read that Halifax can still access data from old computer system (in the branches) so there should be no excuses. Meanwhile I am going to send a prelim for just the few months I did not claim last year. Here I go again................

I would send the SAR then they have to comply.

Glad to see ypu back sally... :D

Did you get away yet on your hols?

Yes we went away to Slimbridge in Gloucestershire last weekend and had a lovely time. Next outing is likely to be Mayday weekend when I am planning to stop at a beautiful YHA at Llyn Gwynant near Betws-y-coed overnight. How about yourself?

Prelim going off today for the 10 months that was outside the 6 year limitation period plus some odds and sods from earlier this year. For my sanity I have decided to go just for statutory as I just don't have the mental energy to claim contractual and deal with multiple points of law whilst working over 10 hrs a day just to stand still. It's only a few hundred but I expect my next claim going back to the 90s will yield a few surprises.

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?

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

thanks sally i will go straight away to the templates library .

Hey! Found The Templates For None Compliance Will Send Them Straight Away ,still Strugling With Adding These Interests As Per Charge But Im Doing A Lot Of Reading Though ! Thanks

Please send your letters recorded delivery. The free proof of postage is just that, proof of posting, not proof of delivery. You have no 'proof' should you nned it.

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.

LBA going off in post tomorrow. I took my eye off the ball and they are taking £78 from me this Friday. Oh well this will take my total to approx £500 when I file my N1. Surprising that they have not replied saying I cannot claim outside the 6 years. Oh yes I can..........

He he, you go for it girl.

Was I thinking too loud? Just wondering if I should have mentioned relevant section of Limitation Act in letters or do you also think putting it in POC will be sufficient?

I'm also proper fed up. Not another win since Halifax. Am waiting on NatWest, Barclaycard and even the reliable (until now) Co-op have not coughed up. I don't want to be greedy so just one win would do before Whitsun. Perhaps I should go after my old mortgage company finally. How are you diddlying these days. And where is 'Doo'. 'Survivor' seems to have dropped off the edge of the world too.

Doo is always on the cap one thread now. I do pm her and i like to update on what she is doing, but not hears anything from survivor for ages.

You do need another win dont you. But just think of when it all rolls in...(hopefully not too long) Are there any near the time for a payout??

Guess what i have just remembered i had 3 catalouges, they were transfered to another company and with my wins i cleared them.

Im going after them now.... :D Yey!!

I thought i had no more for me, he he he. Just sorting SARs out now.

Ooooohhhh, good. P'rhaps I am being tooo sharp, but if these 3 companies charged you and then the company it was transferred to also charged you surely you could go after all 4?

I have a court date of 19/06/07 for NatWest and am waiting for my 2 N1s to be deemed served on Barclaycard and co-op. Co-op seem to be paying up approx 1 week after N1 served. I live in Hope (and die in Kigerley- can't spell second location. A local saying from North Wales).