mebuck v Halifax ***SETTLED IN FULL***

[mebuck]

Good Afternoon,

 

How beautiful it is today? The birds are singing, the sun is tentatively breaking through the clouds and I'm grinning profusely as I'm reading, for the forth time today, my letter from the Halifax acknowledging my Data Protection Act request. Aren't they polite with their responses?

 

Here is my back story:

 

I am in the last year of my degree. I've had a Halifax Student Current Account since I started studying (some 5 years ago) and boy oh boy, have I been charged through the nose!

I'm 23 now and hope I am a little wiser, but as an financially irresponsible, self indulged student I used to go weeks on end not even looking at my account balance. Cliff Richard only knows how much they must have kept charging me - £30 here, £30 there...as different credit card, and mobile phone bills went unpaid for periods of time.

 

It always struck me, how they were.. allowed.. to penalise the poor with totally disproportionate charges and get away with it - even telling you on the phone that they won't be refunding you.

 

 

Anyway, to cut a long story short, having learnt the hard way; at the beginning of 2004 I consolidated a lot of my debt, and now the only debt I have is an interest free student overdraft with the Halifax of course, which I intend to utilise fully until I have completed my final modules.

 

Income is good, as last year I setup my own company, and went part-time at university. It's the best thing I've ever done. Now I'm saving up for a house deposit, and I'm hoping the reclaimed Halifax charges will pay for that.

 

Also, I wonder if they will prematurely close my account and request my interest free overdraft be paid back immediately...well, I can always transfer that elsewhere Halifax!

 

I have no idea how much I am intending to claim, but I know from the odd records I kept, that it will be a few grand at least. Watch this space.

 

Lastly, both Martin Lewis's website, and this are absolutely invaluable. I, like many others have been telling everyone about it :grin:

 

Achievements already:

• Claiming back overpaid tax from the Inland Revenue - £900.
  
• Making the Halifax issue me with a Chip and Sign Card.

[jonni2bad]

Hi - welcome to the forums.

 

Glad to see you are underway already - the Halifax, in my opinion, is possibly the best bank to start your claims with - DPAs are handled quickly and without the typical rubbish that flows from certain other banks.

 

They tend to settle in full fairly soon after a court claim.

 

Best of luck with your claim. If you have any updates or questions relating to this claim, please post them back in here.

 

(p.s. - although very tempting, please avoid the use of bad language - post edited accordingly)

[mebuck]

 

(p.s. - although very tempting, please avoid the use of bad language - post edited accordingly)

Thanks and noted ;-)

[mebuck]

Hi,

 

3 things:

• Halifax has replied quickly with a letter saying that my statements have been ordered! :grin: However, regards manual intervention they have said they're "under no statutory obligation to record this information" so they are unable to assist me further with my request. Should this worry me?

• Halifax (in a different letter) has suddenly told me that as my student status expires in August, I will no longer have the benefits of student banking (a.k.a. pay back your overdraft please). Now, before I get all paranoid, I'm not sure what course completion date they hold on their system. I've rung Halifax however, and they say they'll extend it if I provide appropriate evidence from the university - that's not a problem. So case closed.

• Finally, I've been reading the forum and come across a lot of information about banks defaulting people. I would know if I'd picked up a default wouldn't I? - I mean, they'd tell me right?

Cheers!

[jonni2bad]

On the first point, don't worry. The issue is now dead if they don't show evidence.

 

On the third point, they should have notified people when defaulting, but they don't always - if you have any concerns about this, check your credit reference files (costs £2) with Experian. See their website for details if you need to.

[mebuck]

Hi,

 

Well, I've since checked Experian and everything seems OK.

 

I'm still waiting for my statements though! I sent a letter on the 15th June, and I received an acknowledgement that my statements were on order on 23rd June 2006.

 

How long before I should start chasing them up? Shall I leave it till the 40th day?

[DazNorthants]

There are two template letter for failed DPA - one before 40 days (which the one I sent yesterday - as time is up middle of next week) and one after.

 

It does seem as most people wait the full 40 days but it doesn't hurt to remind them of the 40 days just before it expires. I sent copy to senior lawyer's email hoping to prompt a faster response. Of members have posted advising of rapid response! so it can't hurt.

[mebuck]

The post arrived this morning, and still no word from Halifax! Strange, as initially they acknowledged my request and told me my statements had "been ordered" - which was 33 days ago...

 

With 7 days left to comply to my request, I've sent the Data Controller the template you recommended (adapted to my situation) and also forwarded a copy of the letter to Halifax's Senior Lawyer

 

Being sensible, I've already opened another student current account with a different bank and my interest free overdraft is being transferred as we speak. Once I obtain my rebate in full; I will withdrawn it in lovely cold hard cash, then I'll be closing my account with the Halifax Plc

 

Thanks for the advice!

[thewifeandI]

I wouldn't worry too much about not getting a reply - sometimes you do, sometimes you don't - and at best your get a derisory offer, at worst some form of admonishment for not looking after your account properly!

[mebuck]

I'm still waiting for my statements and there is now only a couple of days remaining.

 

On a thread previously, I read that when prompted by a phone call, Halifax apologised about the delay and rushed the statements out before the deadline.

 

Can anyone post me the direct contact details for a member of staff who has proven to be helpful in similar circumstances?

 

Part of me wants to wait and watch them go over the deadline, but I just want the statements so I can get hold of my money.

[david Reed]

\Hey fellow Student!! I know the feeling, I am waiting for my statements too!! start my final year in sept. will be great to get this money back in time (still no idea how much? but def. over £1500).

 

In regards to your question I guess customer relations wouild be best place to call, on 08457 25 35 19 but it may be worth waiting for those in the know to confirm this as they may feel its better to call someone else??

 

g'luck to you though mate, not that u need it...Its our money after all

[thewifeandI]

Just call customer services. Explain it to them and also point out the fact that the 40 day deadline expires soon.

[mebuck]

Just been on hold to the Halifax for about 30mintues for the second time in two consecutive days. I don't have to chase them up, but I just want my statements.

 

Apparently, the statement ordering people only received my request on 19th July... hmm that's funny as I sent out the Data Protection Act request on the 15th June, and they replied acknowledging it on the 23rd!

 

They apologised profusely and explained that my first letter was received by a different department, and they simply don't know what has been done with the statements that were supposed to be ordered. They tried following it up for me, but got nowhere... "someone is off sick", "the person who dealt with it last is on holiday, and has left no notes"... "we cannot actually get through to that department"..

 

When I asked if the woman I was speaking too could just print them out and send them to me, she said "we don't have a printer".

 

In summary, the person I spoke to is (surprise) off on Monday, so she's left it as urgent with some guy and his boss. It looks like they'll have to sort it out first thing and hand deliver them before the deadline!

 

Confused? I am!

 

Totally unsatisfactory, totally useless.

[supermac008]

Hey. I'm at exactly the same stage as you. I sent the Subject Access Request letter on the 8th June and it was received by the Halifax on the 9th. They still haven't sent out the statements to me! I've now sent the LBA non-compliance letter to their head office plus a complaint to the Information Commissioner's Office so I'll let you know how I get on with them. I phoned them as well but got nowhere so have decided to stick to written correspondence. I'll keep my fingers crossed for you!

 

Chris

[jonni2bad]

mebuck - always stick to your deadlines. They will try every excuse in the book.

 

If the dealine has expired, use a DPA non-compliance letter from the templates library and be prepared to get their sorry a##es in court over it.

 

There is no reason why they can't meet the deadlines, only that they can't be bothered to meet their legal obligations.

[mebuck]

Hey!

 

3rd phone call in 4 days and its finally starting to cause them concern!

 

Apparently, some guy is aware that the deadline expires tomorrow and is dealing with the situation as we speak. The customer service advisor told me that he is waiting for the statements to be given to him, then he will call me.

 

It was even suggested at some point he could FAX the information over to me... not 6 years worth of statements he can't!

 

Anyway, another message has been left on the system for him to contact me and the customer service advisor told me that he will before the close of play today.

 

Fingers crossed!

[mebuck]

Update:

 

Just got off the phone to my new friend at Halifax whom appears to be sorting things out.

 

He tells me, he spoke to the woman this morning who *actually* dealt with and dispatched my statements. He also went on to confirm that they were dispatched on the 19th July via 48 hour delivery (business hours).

 

Now, the post has already arrived today.. but I doubt the post lady will be carrying a large bundle like that! Hopefully, it should arrive in a van today or at the latest tomorrow - when the deadline passes.

 

Fingers crossed still!

[mebuck]

OK. The deadline expired today - there is still a few hours for a delivery van to arrive, but its looking increasingly unlikely.

 

Halifax claim they sent the statements out on 19th July via 48Hr delivery, its now 25th...

 

I'm absolutely sick of chasing them up and getting a different uninformed person on the phone each time, who's neither use nor ornament and seems to just ad to the confusion.

 

I have not received the statements, and so I feel Template 3 from the Library is appropriate:

 

LETTER BEFORE ACTIONSection 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully __________________

Alan, Derby, UK.

 

I will send this tomorrow if I haven't heard anything. Does anyone suggest trying to ring Mr A Percy (Halifax DP Consultant), contacting the DP Commission, or anyone else?

 

[mebuck]

Quick, any advice anyone?

[mebuck]

Hang on (sorted) I think.

 

I rang Adrian Percy (who was in a meeting), and spoke to one of his DPA gurus!

 

Unbelievable - They put me on hold, then got back to me and told me they were parcelling my letters up as we spoke! I enquired as to why I was told they were sent out on the 19th July, to which they simply replied. "errm, yes, that was the first time we sent them out".

 

Yeh right...

 

So, not only did they tell me that they only received my request on the 19th July (which was sent and acknowledged on the 15th June).. but they also told me my statements had been sent out that day - they clearly hadn't as they couldn't provide a method of delivery or a tracking number.

 

I feel I've been lied to.

 

I'm going to send them out a 7 day notice today whether I choose to believe they've sent them or...

 

WAIT. The post has just been handed to me - 16 different letters from the Halifax!

 

Maybe they really had sent them out 3 times!

 

I'm going to be ages opening these - I'll get back to you.

[mebuck]

OK.

 

Sorry about this - but I need a little assistance in the estimated interest area!

 

I don't understand what the formula is doing. I keep putting in whopping great interest charges and it estimates them at a fraction of their original value.

 

Does it take into account the balance at the time of the interest charge?

Because I am permanently in the "legal red" with my interest free student overdraft. Could it be, that the cell thinks I'm disproportionately below zero, compared to the bank charges and so the amount of estimated interest attributed to the charges is only a fraction of what it should be? If so, that isn't right as I've never been over my overdraft limit much or for long.

 

E.g. -

 

When my current balance at date of interest charge = £-1978.84 that’s me actually within my limit (OD = £2000).

 

Or.. is it simply because the interest charges are appearing half way through the month, and so estimated less as the bank charges (appearing at different times) don't seem to contribute towards them.

 

Can someone familiar with the spreadsheet advise me if I should alter the formula to include my OD limit?

 

 

Cheers!

[thewifeandI]

If your overdraft is not mainly made up of charges (as appears to be the case here), then the amount of interest that is due to charges will be much lower than for someone where the charges make up most, if not all, of the overdraft.

[mebuck]

hmm. Well that isn't a very fair calculation. As whether I'm getting bank charges or not, I'm perminately overdrawn as I'm taking advantage of my interest free overdraft (4years).

 

Should I set the zero mark to -2000 (my overdraft limit)? Wouldn't that calculate a fairer interest charge estimate?

[thewifeandI]

The very latest version of the spreadsheet does have a column for interest free level on the overdraft. I didn't realise that this applied to you. Have a look near the end of the spreadsheet thread linked in my sig for information on how to get the new version. Let Vamp know which one you need (England/Scotland, Current Account/Credit Card).

[mebuck]

Hi,

I can't find the one with the column for interest free overdraft

 

Am I being stupid here? I've emailed vampiress again as someone sent me the standard xls file.

 

Again, any help much appreciated.