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D.J.F.

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  1. Yeah that's correct. Here's the correspondence below, for clarity. They're mixing the messages to suit, and it's very clear that they didn't send out the notices as they're obligated to do. They've drawn attention to the admin change, but not in connection to the missing notices, (march 22 letter) then a year later advising me that the system change WAS the cause of the issue and that they'd already told me that in March 22. They're reaching. inbound April 23 .pdfinbound March 22 alleged final decision.pdfInbound August 23 Case closed.pdf
  2. Their original answer on paper in March 22 said "these are the notices we've sent" with copies attached starting from 2011 and correct thereafter........ then it said "you may have noticed a change in format due to admin system change etc" which occurred in 2015 (and so at this point, is irrelevant to me) I wrote back several times asking to confirm that no notices were sent before 2011. They've never answered that question. I'll note at this point as well that I hadn't actually made an accusation, I'd asked for them to demonstrate what nosia they'd sent. So no "decision" at that point was required. It was their response which then triggered the accusation (complaint) and follow on letters. This letter was received after almost a year of writing to them and this was the first time they gave me a complaint reference number. And the letter starts with BOLD statement saying "we agree with your complaint" But then it's ambiguous because it goes on to say "we should have got back to you sooner and recognise we've done something wrong" "Here's a cheque for £50 for not responding. So it's like the complaint reference is to do with the late responses and not the actual core complaint of lack of Nosia Now they've written to me stating that their answer (above) was final, and that the notices they'd sent (2011 onwards) "were the only ones they had available" "due to a change in the administration system" but they'd already told me previously that this occurred in 2015, and when they told me that first time, they only referenced it as me maybe noticing a change in format of the notices. Nothing to do with 'frequency' or 'lack of' notices from 2005 - 2011. Then verbally only (so far) on the phone today, a guy said what you've said and they had no obligation etc etc. I asked why (if they existed) they would not be present in earlier DSAR's when the account was in its mid stages - no comment. I checked with him what the reference number was referring to and he said "it refers to both the late response AND the Nosia complaint. then just repeated FOS, Final decision etc etc. I called back again to try to reach the sender of my latest letter closing the case and I got a different guy. I expanded a bit of the above, but also said to him that the previous guy had assured me that the complaint reference number WAS to do with Nosia, and that the letter starts with "We agree with your complaint". I asked him why the case is closed if they agree with the complaint? He agreed with me that it was ambiguous and re-opened the complaint. On the deletion of data, Surely they would all be missing if a new system had deemed them disposable. In answer to your data question, no, they're not saying "no data prior to 2011" data is present in my DSAR's from the loan inception 2005. Just not these notices. And I also think I've checked for codes (I'm looking at a lot of different accounts) and they're not there. I can't believe that they could win by saying the items I'm looking for are the only thing that's ever been deleted from my records? It's pretty bare-faced right? And also, why wouldn't they just start with that? We don't have to hold that data so See-ya. Why try and mix up and change the meaning of letters previously sent, or use "admin system" as an excuse?
  3. What about if the agreement is live? The complaint was lodged while it was still live. And is it conceivable that all information for the dates in question IS available and has been provided in DSAR's and the only thing missing is these notices? If that's the argument, why are they not present in earlier DSAR's? Surely that can't be accepted.... also can I demand that records are provided of the destruction/deletion of those specific notices? Thanks for engaging by the way, Albeit you're not filling me with hope here.
  4. Hi, Yes I had a similar thing happen for an identical product and situation with a different lender. But They came to me while the loan was live and said They'd messed up due to a system error. They reduced my product by 15.5k. Appreciate I was lucky with that. Is the 'proof' not apparent in the fact that they're not present.? in Any DSAR's and subsequent investigation by Them? Surely if there are crucial rules to stick to within a financial agreement then evidence of that should be retained and available should it ever go to litigation?
  5. Hi, I've started a complaint with Halifax in June 21 regarding lack of notice of default sums/sums in arrears provided at the correct frequency in accordance Section 86B CCA on a loan agreement. In March 22 they came back to me with copies of notices previously provided which started in 2011. They should have been sent for the previous 5 years (yes I was in trouble with the loan for a while). This letter also mentioned that there was a "change in the administration system" which would explain a "change in format" of the notices, but this occurred in 2015 and I had not enquired about the format of the notices. I was enquiring about their existence. I have written to them a further 16 times asking them to confirm that no notices were provided prior to 2011, but they've ignored me. Now they've written again saying the complaint is closed and no further letters will be read, stating that they've given a final answer on the case and that is the notices weren't present due to the "change in administration system" I've called them to get clarification on this and couldn't get through to the person that had written to me. I spoke to a colleague and he said, it's likely those particular notices had been deleted or archived and there was no culpability. The account is settled, but I've had 3 or 4 DSAR's on the account while it was live and at no point are these notices included. It's obvious to me they were never generated and sent. I asked the guy today if that was a possibility to which he would not comment. But he stated that they were under no obligation to hold that information due to its age. I asked why all other information prior to 2011 and from the loan inception was present, but not the notices, and he simply repeated the case is closed and that I can go FOS route within 6 months of their "final answer" which he says was dated march 22. At no point in their March 22 letter do they say it's their final decision, and indeed, the letter starts with the words "We agree with your complaint" They're obviously giving me the run around and hoping I'll go away. has anyone got any experience with auditing historic agreements, particularly lack of NOSA/NDS? Anyone know how to get around the Halifax complaints department and escalate further? Any advice welcome...
  6. It's not in the latest one, which is requested pertinant to that account only, (because) the earlier sar i requested is 10 inches thick, and all mixed up, but I went through it and found nothing more relating to this account.
  7. Hi Thanks for that. These are the titles of the other enclosed docs which hold generic info about me, rather then about the account. "Information held on the Customer system" "Information held on the Customer Insight system" "Information held by our Personal Lending Decisions Dept" "Information held on the Common Processing system" Plus some correspondence between Halifax and a claims management company that sold me a dream, but amounted to PPI reclaim. This faded away and I ended up successfully claiming back ppi myself. i can show you any of these but there's nothing in them, except personal details really. No comms logs, no copies of letter sent or received, No transcripts of phone calls. They've said (on the phone) that that's all the information they have. Do you think I should write to them to confirm that's all the info they have in writing?
  8. Hi, Here's anything relevant within the dsar. There are other items which are generic and not related to the performance of the account. Cheers D Hal Dsar nov 19 0.jpg.pdf
  9. Hi, i've called Halifax and they say I've had "ALL the info that is available" pertinent to the loan account. I probably could do with that in writing. In the meantime, can you advise on the difference between 'notice of default sums' and 'notice of sums in arrears'? DSAR upload will follow Many Thanks D
  10. Yeahp, Agreed. And I still believe that to be unfair. ok, maybe I will split the complaints up, for clarity......
  11. appreciate that, but i was in the same arrears the month before it dipped while I was enjoying a max credit score. I am definitely thinking it's because I was in an arrangement and was late 'checking in' with it, and the computers sent the report, but even if thats the case, the arrangement was re-instated (a month later) but still continues the bad report each month till now. Might be glitch, i appreciate that, but i want to complain about any and all indiscretions, and if there's no others or recourse then so be it. But i know they rely on people not looking into these agreements thoroughly or at all. I'll request a new sar
  12. Ok, I' didn't think that was an option, I'll call them tomorrow and get them to send me the comms data and get it uploaded. ta
  13. Ok but the text in all the cra's states late payment which hasn't happened. And yes it dropped dramatically as soon as they reported whatever the crime was, but I din't do anything wrong. I 'm going to complain anyway as I didn't receive a nosia in June when they made the report. Indeed I've NEVER received one. And my score has gone from excellent to very poor I'll also contest these notice of default sums starting so late. Thanks for the prolonged assistance and patience...... I'd still love to give my SAR to an auditor to check it professionally. I'll keep searching....
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