Jump to content


Debt Mountain's Missus Versus Halifax Bank Account.***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5198 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

As you have a few claims on the go now, you should read as much as you can on the threads, and the step by step guide so you know each stage as you get to it.

It really makes things a lot easier for you in the long run. ;)

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

  • 3 weeks later...

Got the bank statements through. They stated in the accompanying letter that they weren't required to keep information about manual intervention. Is this true? Also, after I made a subsequent phone call I was told that they didn't have to send through anything they had on paper, only what they had on computer. Is this true? They did go on to state that 'most' of their information was transferred on to computer anyway, but wouldn't state that was the case for 'all' the information they held on a person. I want everything i'm legally entitled to and don't want to be fobbed off. I do have my reasons for the record.

Link to post
Share on other sites

They stated in the accompanying letter that they weren't required to keep information about manual intervention.

That's because there isn't any - it's all automated.
after I made a subsequent phone call I was told that they didn't have to send through anything they had on paper, only what they had on computer. Is this true?
No. It just needs to be in a relevant filing system and be your personal data, whether it's in paper format or is on a computer is irrelevant.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

The Information Commissioners Office outlines what is exempt information:

Sometimes data controllers are not obliged to observe all your rights. This is because exemptions apply in different circumstances.

Exemptions apply to:

  • Personal, family and household use of your information
  • Safeguarding national security
  • Information available to the public by law
  • Use of your information for the purposes of journalism, literature or art
  • The prevention and detection of crime and the apprehension or prosecution of offenders
  • The assessment or collection of taxes
  • Regulatory activity designed to protect the public and other bodies such as charities against, for example, financial loss due to dishonesty or malpractice by those involved in financial services or seriously improper conduct by professional people
  • Use of your information for research, historical or statistical purposes
  • Disclosures required by law or order of a court or where it is necessary to disclose your information in connection with legal proceedings, to obtain legal advice or is otherwise necessary to establish, exercise or defend legal rights
  • Confidential references given by an organisation
  • Records showing the intentions of organisations in relation to negotiations with you
  • Management forecasting
  • Examination scripts and marks
  • Information covered by legal professional privilege
  • Self-incrimination
  • The combat effectiveness of the armed forces
  • The appointment of Judges, QCs and honours
  • Corporate finance services

There are also special exemptions that apply to some personal information relating to health, education and social work.

 

 

You may notice that paper files are not mentioned.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

A Subject Access Request is EXACTLY what it says on the tin!!!

 

It covers EVERYTHING that is kept under the auspices of a Data Controller, pertaining to the Subject (...U, in other words!), + is eligible to be disclosed to the Subject in accordance with the Data Protection Act 1998...

Data Protection Act 1998 (c. 29)

 

This can include, Bank Transactions, Telephone Recordings, Handwritten Notes, CCTV Footage etc.

 

Further information, which U may find especially useful, can be found via browsing through the following link...

Department for Constitutional Affairs - Data Protection - Data Protection

 

 

...:)

Link to post
Share on other sites

Well I phoned them again. Direct to the D.P.A. office as well. They reiterated 3 times that the I.C.O. and the F.S.A. fully supported them in the fact that their legal positon was that they 100% didn't have to disclose information on paper. So if they are telling me black is white what do I do know? I got the name of the woman I spoke to and the woman that gave me the original information.

Link to post
Share on other sites

They are telling you complete nonsense. What data is it that they state is held on paper that they can not give you?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

If there is information that you believe they are withholding from you and you feel strongly about it what you can do is, after the 40 days, send them a Letter Before Action http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html and if they continue to not comply you can seek a court order forcing compliance http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

  • 3 weeks later...

They quoted the Durant case and when I contacted the Information Commissioner's Office they backed up Halifax. I'm not very happy as it seems to give a lot of power to Halifax to decide what is and isn't a 'structured filing system'. Apparently this is currently not being challenged. Hmmm. All statements received by the way and prelim letter just sent.

Link to post
Share on other sites

Thought you were going for a hat trick!!:rolleyes:

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

When I sent the prelim letter for my wife's account I also included some charges for a joint account we had. It was clearly marked as a separate account in the letter with full details. This was correct? We didn't have to make a joint claim on that account?

Link to post
Share on other sites

Yes you can put in 2 claims together, as long as it is clearly stated the account numbers are different.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

  • 4 weeks later...

I foolishly didn't send my prelim letter recorded delivery. I rang them after not hearing anything and they said they had no record of it. I sent another prelim letter recorded delivery and they wrote back basically telling me to go away. They didn't say they would make enquiries or anything. As I have had this negative response from them do I still need to wait for the 14 days to elapse before sending my L.B.A. or shall I just send it now?

Link to post
Share on other sites

It is very rare you do get a response at this stage, so dont bother waiting for them to respond and stick to your timescales, and continue with your claim. :D

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

It is very rare you do get a response at this stage, so dont bother waiting for them to respond...
???...SSL, the OP last Posted that they HAD received a negative response from Halifax BEFORE the given 14 days were up + both **Tilly** + myself Posted accordingly!...:rolleyes::p

 

 

...:)

Link to post
Share on other sites

On the data protection issue I threatened Halifax that if they didn't willingly provide me with a transcript or recording of a phone call between us I would force them to hand it over with a SAR. They wrote back and amongst the other rubbish the letter contained this paragraph:

 

'Telephone records are not kept for more than two months, and not all of our calls are recorded. Due to the vast amount of data that a voice recording represents, we are not in a position to store calls for longer than this.'

 

If I can get hold of this recording I will have them over a barrel. The call took place in August 2006. They caused me a lot of trouble. If I get hold of this call I can sue them. Am I stuck here?

Link to post
Share on other sites

I foolishly didn't send my prelim letter recorded delivery. I rang them after not hearing anything and they said they had no record of it. I sent another prelim letter recorded delivery and they wrote back basically telling me to go away. They didn't say they would make enquiries or anything. As I have had this negative response from them do I still need to wait for the 14 days to elapse before sending my L.B.A. or shall I just send it now?

 

 

Hi

 

The 14 days you gave them was too responded with the information you require they have responded within the time basically telling you to go away.

 

Next move LBA in ASAP

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

Link to post
Share on other sites

TOTALLY WRONG!!!

 

U would appear to be extremely ignorant of CPR Protocols which MAY end up with a Claim being Struck Out/Stayed/Costs awarded against the Claimant...:x

PRACTICE DIRECTION – PROTOCOLS -

 

 

 

There is no need to SHOUT, or call me ignorant,

With respect I have received chargers back from

5 Credit cards,

1 PPP full refund

4 Halifax bank and 2 more in progress so I think I know what I am doing!

When you send your prim letter you are requesting a time scale for there reply that you are satisfied with, if after 1 day there reply saying No chance then you can proceed with your next move as they have responded and advised you have not got a chance!

In my opinion I would stop hanging on and get it in there and bring it to a swift end because we all know the outcome will be from one letter to the next.

Best Regards<br />

<br />

Clarkey1<br />

<br />

<b><font color="red"><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" /> <u>If I have helped then please click on the scales</u> </font></b><img src="images/smilies/laugh.gif" border="0" alt="" title="Laughing" smilieid="25" class="inlineimg" />

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...