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Mercedes V Halifax ---- I WON !!!!!


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Hi everyone

 

just started this off....

 

Handed a letter into branch on April 7th requesting DPA details within 40 days, fortunately had the common sense to ask for a receipt for this letter. 5 days later I hadn't received an acknowledgement so I rang Customer Relations, got passed through three other departments and ended up speaking to their Data Protection Dept.

 

The lady I spoke to said the 40 days starts from when I give them a cheque for 10 quid. "Not quite" says I, "The 40 days started on 7th April when I handed the letter in to my branch". "Oh !" she says, " I'll speak to the branch and send you a form to fill in, send it back with the cheque"

 

Just got back home today from working away, there's a letter from Hellifax waiting for me saying "information will be supplied to me definately by 16th May" , also no mention of 10 quid charge....... signed Data Protection Department.

 

Total charges expected to be reclaimed by me in region of 1600.00

 

will keep you posted..

 

 

good luck all

 

statements requested: 7/4/2006

refund requested: TBA

reply received: TBA

letter b4 action: TBA

summons submitted TBA

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Best of luck to you.

 

They were actually right in relation to the start matching receipt of £10 fee, but that doesn't seem to be a problem now!

  • Confused 1

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Well, that's lucky... because she was right, it doesn't start until they have payment :D !

 

This may justify a bit of caution, though... Just in case they then say "well, you never sent us the £10" as an excuse to waste more time... Never understimate the depths to which they'll sink to avoid paying up!!!!

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  • 3 weeks later...

Just received a letter from a Sam Fraser Data protection consultant with the following in the letter

 

"I confirm that copies of duplicate statements have been ordered and will be sent to you under separate cover at the latest by 16th May.

 

With regard to your request for information relating to manual intervention on your account, HBOS plc is under no statutory obligation to record this information and therefore, I am unable to assist further with your request.

 

blah blah blah "

 

Is this right ? If they don't keep records, how are they supposed to justify manual charges as opposed to automated computer ones ?

 

thanks

 

:confused:

 

 

mercedes

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Quick update for you

 

I had received photocopies of my statements from my local branch ( separate to the DPA request ) that showed all the 94D charges. ( They had helpfully highlighted these for me with a green marker pen :o ) 1201.00 in charges since 2004.:evil:

 

So I decided to do what another forum member has done, I emailed [email protected] with an LBA ( I'm not messing around with prelim letters) Thet've got 14 days to cough up or it's straight onto moneyclaim for me !! Yippee !! :D

 

Somebody mentioned in a posting about May 31st ( or something to do with the Halifax about May 31st ) Does anyone know what's significant about this date ??:?

 

many thanks

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Guest Lueeze

That is the date by which the Banks have to respond to the OFT on their decisions on the OFT's findings!

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Thanks Lueeze :)

 

So the naughty banks have been called into the Headmaster's office and accused of stealing eh ?

 

Serves em right.

 

Actually that's not a bad analogy, they've been bullying us for long enough !!

 

It's like the schoolground bully nicking sweets of the weak kids, except in our cases, it's 30.00 a time

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Got a letter back from the Halifax to my email saying refund in 14 days.

 

The letter said they would reply within 40 days.

 

Rang them up to say shove your 40 days, you've got 7 left.

 

They told me an offer letter was in the post for 180.00 (claiming 1200+), I said thanks very much I want the 1200.00 or we go to court.

 

Very nice lady ( Deborah Seargent ) said "Understand your feelings, we're getting a lot of requests but our charges are reasonable"

 

"Tell me how much it costs to send a charge" says I, "Can't for commercial reasons " says she.

 

"Fair enough, expect the claim form next week" and off we go......

 

 

Will file with moneyclaim next Friday.

 

Quick Question ???

 

Do they accept debit card payment cos no credit card ??

 

:sad:

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I believe so, just have a quick search on their web site - should enlighten you.

 

Let us know!

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Thanks joni2Bad

 

I'm not even going to reply to their offer of 180.00 in full and final settlement

 

The 1200.00 in charges is already "dead" money as far as I'm concerened, they've already had it, the only thing I'm risking now is the court cost fees...

 

I've already got another court case booked for next month, sueing my former solicitor for Proffesional Negligence ( he failed to spot during conveyancing that the builder didn't own the land that my house is on ... Doh ! ) That is mega bucks yum yum...

 

So we might as well have Halifax in there as well :p

 

 

Get ready boys, I'm coming.......

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Me v Halifax - court action Monday!!!!

 

Join the club :D

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 3 weeks later...

Claim Number 6SQ03432 Filed in Stoke County Court

 

Filing Date 13 June

Sent to Halifax 14 June

Deemed to be served on 16th June

 

Halifax has till 30th June to reply

 

Total Claimed 1201.00 charges

plus interest

plus court costs

 

I thought it would be a bit cheeky to claim for the 10 DPA fee as they forgot to charge me ( or ask for a cheque) lol

 

 

Looking forward to getting this back now...

 

 

Good luck to all on this site

 

Mercedes

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Claim Number 6SQ03432 Filed in Stoke County Court

 

Filing Date 13 June

Sent to Halifax 14 June

Deemed to be served on 16th June

 

Halifax has till 30th June to reply

 

Total Claimed 1201.00 charges

plus interest

plus court costs

 

I thought it would be a bit cheeky to claim for the 10 DPA fee as they forgot to charge me ( or ask for a cheque) lol

Looking forward to getting this back now...

Good luck to all on this site

Mercedes

 

Good luck you could have used the banks exscuse ...re the DPA fee...it was an oversight PMSL if its any consolation we forgot to add ours as well :(

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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I WON ! I WON

Just checked my account and Halifax have refunded 100% of claim, charges, costs and interest.....

 

I haven't even had the acknowledgment back from the court yet to say the papers have been served. No letter received from Halifax saying "too expensive to defend blah blah blah "

 

Nothing.... they just refunded the money..

 

I'll wait for the paperwork to catch up

 

lol

 

off to donate and do the survey now

 

good luck all...

 

mercedes

 

 

 

 

 

 

Claim Number 6SQ03432 Filed in Stoke County Court

 

Filing Date 13 June

Sent to Halifax 14 June

Deemed to be served on 16th June

 

Halifax has till 30th June to reply

 

Total Claimed 1201.00 charges

plus interest

plus court costs

 

I thought it would be a bit cheeky to claim for the 10 Data Protection Act fee as they forgot to charge me ( or ask for a cheque) lol

 

 

Looking forward to getting this back now...

 

 

Good luck to all on this site

 

Mercedes

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Hey well done... int it brilliant.

 

Now go and spend the money on something sensible.

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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congratulations

:) Go on ... you know you want to click me :)

:lol:don't be like the banks - give a little back :lol:

:D There was a time before CAG but now CAG is here we are the empowered! :D

In progress:

Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06

Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

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CONGRATULATONS

Well done and keep on with those claims

Marilyn:p

 

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

HALIFAX A/C - SETTLED 4 AUG

HALIFAX CC - Data Protection Act SENT 2 AUG

15/09/06 - rec'd all statements - Eventually!! -521.81GBP

21/09/06 - Prelim sent

08/10/06 - LBA sent

11/10/06 - Offer £278.10, no thanks

01/11/06 - MCOL £862.56

03/11/06 - offer £521.81 - not sure yet

03/11/06 - MCOL letter

 

 

 

 

_____________________________________-

 

 

 

 

 

 

 

 

 

:lol: don't be like the banks - give a little back:lol:

 

 

 

 

 

 

DONATE SO THEY CAN CARRY ON HELPING PEOPLE LIKE US!

 

There was a time before CAG but now CAG is here we are the empowered!

 

Advice & opinions given by marilyn are personal. If in any doubt, you are advised to seek the opinion of a qualified professional

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