Claimed under hardship. Got "final offer" of £90..... Sent rejection letter and LBA After two weeks received the following reply (a real person wrote this one; they misspelt my name and the signature at bottom is from a real pen) My question: I read somewhere they've now got 8 weeks to resolve my complaint..... Should I (since they had my LBA for two weeks now) go straight to court, or give them another 8 weeks and then go FOS, or go straight to FOS now? ----------------------------------------------------------------------- LPR/3/C&R/XX 6th March 2009 My name My address Complaint ref: XXXXXXXX Account No: D/XXXXXX-X Dear Mr Riezem I am writing in response to your letter dated 20th February 2009. I am sorry to hear that your complaint has not been resolved satisfactory. To finally resolve your issues I have escalated your complaint to our Customerrelations department for a final review. They will review yor case in it's entirety before issuing a final response to your complaint. If they feel they are unable to do so they will issue you with referral rights so you can take your complaint to the Financial Ombudsman Service for independent adjucation. If you wish to discuss your complaint, pleas contact Customer Relations directly on 08457 253519. You have previously received a copy of our complaints leaflet, which advises how we will handle your complaint. We are keen to resolve your concerns, if we are unable to do so we'll provide you with details of how you can contact the Financial Ombudsman Service for Assistance. Yours sincerely XXXX xXXX Customer Care Manager Retail Banking Collections

Thanks again for your advice and help... I will file claim as soon as 14 days (after LBA) are up. Thanks for reminding me of the 8% interest £356.39 so far, and growing day by day..... That is the reason still to go through the courts! Below a link to yesterday's BBC articlce on OFT's response to banks' defefence. BBC NEWS | Business | OFT rejects banks' charges claim 30/07/2007 Data request sent, including £10 cheque (Special Delivery) 03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement) 28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! ) 02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too) 13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007) 17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax) 19/10/2007 Received statements (no copy contract) 22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery) 30/10/2007 Deadline of LBA re Data Protection Act has passed 04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office) 06/11/2007 Deadline Prelim come and gone 10/11/2007 LBA sent

For those who (like myself) rather read a BBC article.... BBC NEWS | Business | OFT rejects banks' charges claim

"Also if you file then the limitation period is frozen when the case is stayed" Please explain 30/07/2007 Data request sent, including £10 cheque (Special Delivery) 03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement) 28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! ) 02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too) 13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007) 17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax) 19/10/2007 Received statements (no copy contract) 22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery) 30/10/2007 Deadline of LBA re Data Protection Act has passed 04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office) 06/11/2007 Deadline Prelim come and gone 10/11/2007 LBA sent

Hi All, Called County Court in Croydon.... All cases are being stayed. I was told that unless you have a very strong "hardship" case; stay will not be lifted I received letter from Halifax "your complaint / request has been received, it's on record, please wait for outcome of test case" The way I see it now is that it would be a waist of time and effort to even file at court Is there anything that could change my mind? Thanks for all your help and support, but I'm seriously considering sitting it out till after the test case 30/07/2007 Data request sent, including £10 cheque (Special Delivery) 03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement) 28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! ) 02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too) 13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007) 17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax) 19/10/2007 Received statements (no copy contract) 22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery) 30/10/2007 Deadline of LBA re Data Protection Act has passed 04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office) 06/11/2007 Deadline Prelim come and gone 10/11/2007 LBA sent

I've just e-mailed Richard Ottoway MP for Croydon South

"....people like me encouraged by various websites had clogged the court system and nearly brought the banking industry to its knees." "He then explained to me that should the banking industry be brought to its knees nobody would be able to get any money and we would all starve.He said the courts would not allow this to happen and oft were unlikely to win their test case." I think a complaint would be a good idea.... How dare he say: "....courts would not allow this to happen and OFT were unlikely to win their test case." Have courts already taken the side of the banks? Two words that (should) sum up a fair legal system: "Without prejudice" 30/07/2007 Data request sent, including £10 cheque (Special Delivery) 03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement) 28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! ) 02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too) 13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007) 17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax) 19/10/2007 Received statements (no copy contract) 22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery) 30/10/2007 Deadline of LBA re Data Protection Act has passed 04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office) 06/10/2007 Deadline Prelim come and gone

Congrats!!!! Same question from me.... How did you do it, when did you start, etc.?

Just noted my mistake...... I'm running before I....... They can have another 14 days after Prelim, need to send LBA first That's what I'll do today. 30/07/2007 Data request sent, including £10 cheque (Special Delivery) 03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement) 28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! ) 02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too) 13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007) 17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax) 19/10/2007 Received statements (no copy contract) 22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery) 30/10/2007 Deadline of LBA re Data Protection Act has passed 04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office) 06/10/2007 Deadline Prelim come and gone

Thanks SSL, Let's just hope that a judge sees their ignorance and complacency as a good enough reason to lift a stay.... (if needed). I'll take my N1 to court tomorrow. phone call from our friends last night (if I wouldn't laugh about it, I would cry...) Halifax - "your account is overdrawn unauthorised, you need to pay" Me - "This is only account I have, and I don't keep cash under my matrass) Halifax - "Can you settle by Debit or Credit Card?" Me - "Only Debit Card I've got is with this account. If you refund unfair penalty charges there wont be any problem with my overdraft" (The lady must have been quite new there) Halifax - "Let me talk to my manager" *Music* Halifax - "which charges specifically" I read out the whole list coming to a total of £2658, she talks to her manager again, but she was very sorry, she couldn't help me...... I'll send them a cheque.... and let it bounce It is getting quite hard at the moment.... Can any one confirm that as soon as I file at court, this means my account is under dispute? And does this mean it becomes "untouchable" for Halifax? (ie. they can't chase me for outstanding moneys)? I'm thinking of opening a new account elsewhere, have my wages put in it, move all DDs and SOs to that account and just let the Halifax account sit there until outcome of either my own or test case..... 30/07/2007 Data request sent, including £10 cheque (Special Delivery) 03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement) 28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! ) 02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too) 13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007) 17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax) 19/10/2007 Received statements (no copy contract) 22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery) 30/10/2007 Deadline of LBA re Data Protection Act has passed 04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office) 06/10/2007 Deadline Prelim come and gone

Thanks SSL

Hi all, Their time's up! I received a second set of statements and a list of charges accompanied by a letter. This lot in response to my complaint to the Info Commissioner. They didn't include a copy of contract..... I Double checked, I thought I had my original contract, but I haven't. So now I have no copy of my contract and they couldn't even be asked to send me the infamous standard letter ("sorry to hear you're not happy..... charges are fair.....") Any news of any-one having their stay lifted? If not I might as well claim through MCOL...... Would the fact that Halifax couldn't be asked to even reply to me with standard $%^! "£$%! letters to either LBA on Data Protection Act or my Prelim re charges have any influence...... I know the answer is going to be "You can only try", but it be good to hear it from others...... 30/07/2007 Data request sent, including £10 cheque (Special Delivery) 03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement) 28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! ) 02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too) 13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007) 17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax) 19/10/2007 Received statements (no copy contract) 22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery) 30/10/2007 Deadline of LBA re Data Protection Act has passed 04/11/2007 2nd lot of statements + list of charges received (result of complaint to Information Commissioners Office) 06/10/2007 Deadline Prelim come and gone

Hi SeasideLady, I know there's no real need, but I just wanna be awkward to them.... I'm not calling them. They've had since 3rd of August to send me what I asked for. They've got my home address, 2 e-mail addresses, home, work and mobile number. I will wait until Nov 6 (deadline Prelim), I will put the fact that they didn't reply to LBA on their record 30/07/2007 Data request sent, including £10 cheque (Special Delivery) 03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement) 28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! ) 02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too) 13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007) 17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax) 19/10/2007 Received statements (no copy contract) 22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery) 30/10/2007 Deadline of LBA re Data Protection Act has passed

Well, here we go.... 7 days have passed since LBA re non-compliance with Data Protection Act, I haven't received a thing. I'm trying to find relevant threads. I've got everything prepared to file at court, but I would like to be convinced it would benefit me, apart from cost incurred (time spent / postage / court costs). Is it worth the hassle? 30/07/2007 Data request sent, including £10 cheque (Special Delivery) 03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement) 28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! ) 02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too) 13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007) 17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax) 19/10/2007 Received statements (no copy contract) 22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery) 30/10/2007 Deadline of LBA re Data Protection Act has passed

Welcome aboard Markslan, Same thoughts here..... Wish I'd known all this a year ago. Good question...... When the test case is won by OFT, will all charges be paid back regardless of having claimed them or not? Is claiming charges back from the bank alone enough, or do we need to file to get charges back? I'm sure someone with more experience will be saying hello to you soon. Good luck 30/07/2007 Data request sent, including £10 cheque (Special Delivery) 03/08/2007 Receipt confirmed by telephone (spoke with A.G.) and on Royal Mail Track & Trace. Cheque processed (on statement) 28/09/2007 (40 working days) Called branch I was advised that A.G.does not work at branch and letter wasn’t received (So how did they process cheque?!! ) 02/10/2007 Sent reminder letter giving them another week (reported them to Information Commissioner too) 13/10/2007 Received letter dated 09/10/2007: statements on their way (09/10 + 14 days = 23/10/2007) 17/10/2007 Received e-mail from The Information Commissioner’s Office (complaint received and written to Halifax) 19/10/2007 Received statements (no copy contract) 22/10/2007 Sent LBA re Data Protection Act (Copy Contract missing) and Prelim (Special Delivery)