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Darftblerk Vs HBOS


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Having sent a SAR to Halifax for 2 accounts (1 CC, 1 Current Account), I've received details relating to my account, yet the Data controller (Paul Sanderson) has included the following in the long letter (which also includes details regarding automatic stays of cases etc):

 

"In relation to your request for information about manual intervention on your accounts. As the Halifax is not required to record this information I am afraid I am unable to assist you further with this request"

 

I'm assuming this is a load of rubbish and they haven't actioned the SAR correctly?

 

Can someone provide enlightenment and the next step to follow?

 

TIA:)

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Hi there :-)

 

 

That para re manual intervention was in my letter, it is standard so dont worry.

 

Before I answer the rest of your question, how far back did you manage to get statements for, was it at least 6 years?

 

Regards Kenny:)

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

[email protected].

 

 

 

Thankyou Kennythecelt:)

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Hi there :-)

 

 

That para re manual intervention was in my letter, it is standard so dont worry.

 

Before I answer the rest of your question, how far back did you manage to get statements for, was it at least 6 years?

 

Regards Kenny:)

 

Back to 30 July 1996 (When I opened the account), same with the Halifax CC (back to 21st October 2001):)

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On this same topic, and further to the information I have already provided, how do I make a CCA request, does someone have a letter template? I've just spent 2 hours searching the forum and have found lots of threads from people who have sent a CCA request, but none containing the actual CCA letter. It must be late, as I'm missing something here!

 

Help

[/Quote]

 

Not to worry, found it now! Good old A-to-Z!

:confused:

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  • 1 month later...

I'll revive this thread that has been going on for some time. Halifax have finally sent me a copy of what they refer to as the 'executed agreement'.

 

They have sent me a copy of the application form I signed back in 2001. I'm sure I've seen someone else on here post an application form copy, and unfortunately I do not currently have access to a scanner to get it uploaded.

 

It basically says 'CREDIT CARD APPLICATION' at the top, Halifax logo on the left, and my credit card number in biro underneath the title. Below that it says 'Credit agreement regulated by the consumer credit act 1974'. My signature (i'm really not sure it's my signature!) is in the lower right corner after section 9 titled 'Principal Cardholder's application and declaration'.

 

In the envelope also are a setup of terms and condition from 2001 (when the card was applied for), that don't appear to be page numbered, or a part of the original application form (they are even stapled seperately from the application).

 

The million dollar question is: is this enforcable?

 

I'll try to get a scan up later in the week.

 

I've also noticed that the application form they have sent me doesn't have a tick in the box titled 'credit card repayment insurance' yet they have taken insurance from the credit card account every month since 2001. Hmmm....

 

Taken a photo:

 

http://farm4.static.flickr.com/3069/2474373036_406b890ce0_b.jpg

Edited by darftblerk
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Just drafted the following response to Halifax. Suggestions welcome please.

 

Dear Sir/Madam

 

Re:− Account XXXXX

Firstly, I wish to draw to your attention your failure to comply with data protection guidelines, and the apparent lack of security measures enforced by your staff when releasing details pertaining to clients account. It is noted that subsequent to my recent request for a copy of the consumer credit agreement held on file by yourselves, and after supplying yourselves with a statutory £1.00 I was supplied in return a letter detailing my failure to include a payee name on the postal order. Included in the return envelope were 4 postal orders (£1.00 each) which clearly did not belong to me. After further review it appears that these postal orders contain, on the reverse, specific credit card detailes relating to the original applicants.

 

Further to this and with reference to my previous correspondence dated 31st March 2008, I note you have recently supplied me with a copy of the original credit card application dated 13th October 2001. Please be aware that under the terms of the Consumer Credit Act 1974, this application form does not constitute a consumer credit agreement, and therefore is currently unenforcable by law.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I have previously enclosed a payment of £1.00 which represents the fee payable under the Consumer Credit Act. The statutory 12 days have passed since this request for an original and ‘true copy’ of the consumer credit agreement was made. This has not yet been supplied. As I am sure you are aware, after a further 30 days has passed you will be commiting a criminal act.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Further to this, the unlawful routine of automated defaults and late payment charges that have been made against me in respect to this account have placed me in financial hardship during the running of this account, and precluded me from obtaining credit at a favourable rate.

As you are aware, I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5:

 

“3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

 

4. Personal data shall be accurate and, where necessary, kept up to date.

 

5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.”

As I am sure you are aware the data protection act allows you to process data in relation to me when a valid credit agreement between us has been entered into. As you have failed to supply me with a valild true copy of this agreement, it appears that the negative credit history you have placed with various credit reference agencies in relation to me is unlawful, and you have no prior consent from me to do so.

Further take notice That I intend to make a formal complaint to the Information Commissioner and/or to the Courts that you unlawfully hold, process and distribute inaccurate information about me.

 

This is in addition to any rights which I may choose to enforce under the law of defamation

Please take note that this account is placed into dispute. I will cease payment of any outstanding fees forthwith, and will be pursuing compensation for damages in relation to the unlawful processing of my data, along with unlawful charges claimed from me in the absence of a valid consumer credit agreement.

What is required from you:

In order to resolve this dispute, you may supply the original Consumer Credit Agreement, enforceable under the Consumer Credit Act 1974 (please be aware that the copy of the application form already sent does not constitute this). Or alternatively you may refund all charges made to me during the running of my account, close this credit card account, and remove all unlawful defaults notices held by third parties (please be aware that simple ammendments to these references will not suffice).

Should you fail to comply with any of these requests within the next 30 day, I will initiate a small claims court proceeding against yourselves for the outstanding charges, dmaages and interest. I will also be contacting Trading Standards and the Information Commisioners Office to provide full details regaridn these matter.

I look forward to hearing from you.

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  • 3 weeks later...

Just phoned the FSA, who will be taking up the matter of the CCA not being forthcoming.

 

I then phoned the ICO office and made a complaint (that I have to place in writing), regaridng the postal order containing the CC details of other customers being sent to me.

 

In the meantime, Halifax are still in breach of the CCA request and I have ceased all payments to them.

 

I've also notice that they've been takig PPI for the credit card since I started using the card, but the application form does not have any check marks on it for PPI??? I'm gonna phone the FSA back and mention this.

:D

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  • 2 weeks later...

Having received a copy of the credit card application form from Halifax, I have noticed that the box marked PPI was not ticked on the application, yet halifax have placed a charge for PPI against my account for every month since the credit card has been running.

 

Am I correct in thinking that I can claim for a refund of this PPI, and still not have the debt recognised due to the absence of a CCA? of because I'm contesting there is no CCA, I cannot contest the PPI payments also?

 

Would be good to get one over on Halifax with this, they've been making my life hell for a long time.

 

TIA

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I complained to the FSA a few weeks ago regarding the lack of CCA that Halifax didn't hold. They took this as an unfair charges complaint and contacted halifax, who have now written to me regarding this CC and offered a £500 refund. The debt currently stands at £1600, and Halifax have still failed to send a CCA. Do I now contact trading standards? It's been almost 2 months since my original request.

 

I'm wondering if this is a ploy by Halifax to have me recognise the debt. i.e. I accepted the refund, therefore the debt must exist.

 

However, I have a default linked directly to these excess charges, and therefore if I do not recognise the debt, and do not accept the £500 refund, I could force Halifax to remove this default through the SCC?

 

Advice needed please.

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Hiya darft,

 

- the image you posted up was an application form. I've recently won a case with Nationwide as they said the same thing - sent me the application I sent and tried to say it was the cca. Then when they lost on that point they said 'oh, the prescribed terms were on the back of the form and we can't find a copy so we are dropping out'...kind of thing. Anyway read my Nationwide credit card claim - there's a ton of information in there you might find useful or be able to use.

 

- no, don't admit anything, to anyone.

 

- If I were you, if you know the amounts I'd issue two full-on county court claims one for bank account charges and second for PPI/cc charges. Seek out the templates here in the bank templates library.

 

- Once nationwide bottled out with me,. I write to them to remove the default on the basis of the absence of an enforcable credit agreement and they removed the default in a nano-second.

 

Stick with it, they guys here are a lifeline.

 

Good luck,

 

Sam

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  • 1 month later...
Hiya darft,

 

- the image you posted up was an application form. I've recently won a case with Nationwide as they said the same thing - sent me the application I sent and tried to say it was the cca. Then when they lost on that point they said 'oh, the prescribed terms were on the back of the form and we can't find a copy so we are dropping out'...kind of thing. Anyway read my Nationwide credit card claim - there's a ton of information in there you might find useful or be able to use.

 

- no, don't admit anything, to anyone.

 

- If I were you, if you know the amounts I'd issue two full-on county court claims one for bank account charges and second for PPI/cc charges. Seek out the templates here in the bank templates library.

 

- Once nationwide bottled out with me,. I write to them to remove the default on the basis of the absence of an enforcable credit agreement and they removed the default in a nano-second.

 

Stick with it, they guys here are a lifeline.

 

Good luck,

 

Sam

 

How do I go about challenging HBOS on the CCA? They claim they have sent it. I phoned them today, enquiring as to why they had passed my details to Blair Oliver Scott (knowing full well that BOS are HBOS internal DCA).

 

They explained that they'd sent me a CCA, much to-ing and fro-ing re: yes it is, no it isn't from me. To which I explained that I'd be putting all this in writing.

 

The question is: what do I put in writing? Does anyone have any template letters to send to HBOS denouncing the debt they claim I have. Ironically they owe me over 70% of the debt in PPI and charges, so they're on to a losing situation already. I have already written back to their offer of 500 in full and final settlement (they wanted to credit it to my account!).

 

My response stated that I would only accept personal cheque made payable to me, and would not accept as full and final payment as I would be seeking court ruling over the PPI charges that were also made.

 

TBH it's not the 1600 quid that concerns me, I could pay them that back tomorrow. It's the fact that the 1600 quid is mine, that they've stolen from me, and then they've given me a negative credit rating for not paying back money that I don't owe them!!!

 

Any suggestions/templates/advice would be really appreciated.

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I am probably a step or two ahead of you but had similar circmstances on the CCA and PPI. I have successfully got all of the PPI and interest back for an unticked box on a form:D, also all of the charges although these came off the card balance. At this juncture we are with BOS and the usual rubbish about ignoring CCA requests and being a pain, I have made a careful FFS to Halifax. The CCA is as yours and is illegible and in all correspondence on this Halifax refer to it as a copy of "my application form" so no chance it will ever surface. Will see if they see sense soon and settle this off, otherwise only another 4 years and 10 months to statute barred day !!!

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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  • 3 weeks later...

Received another letter from Halifax, stating that they would not pay the money back to me via cheque as I still had an outstanding balance.

 

However, if they owe me 500 quid, and don't have a CCA, surely they must have to pay the 500 to me?

 

If I were to take this to court, could the court order the 500 to be paid to me (along with a separate claim for PPI)?

 

Or would the fact that I took them to court me the debt would become recognised and I would have to pay it.

 

Further to this, I'd like to get the negative credit removed. How would I go about this in the absence of a CCA? Who do I write to? ICO?

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Just received a repeat letter from Blair Oliver Scott demanding payment and explaining that a house visit may be made + Court Order etc

 

Suggetions on how to respond? I've alreay sent them a leter explaining that the CCA is invalid.

 

I'm now getting a case together to take them to CC on the basis of registering defaults unlawfully and claiming damages.

 

TIA

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  • 1 month later...

About to send the following to HBOS ref PPI.

 

They've already sent me a copy of the original Credit Card Application form, which doesn't show any request for PPI, if fact the box saying "PPI Request" is unticked!

 

8th September 2008

Dear Sir/Madam

 

Re:− Account/Reference Number XXXXXXX

 

Dear Sir/Madam,

 

I believe I have been mis-sold a payment protection insurance policy and would like to request a full refund of my premiums, plus interest paid.

 

At no point during the life of this apparent agreement have I request Payment Protection Insurance, or requested that it be charged to me.

 

I am requesting a full refund of all my insurance payments, plus interest, which total £1208.49. I have enclosed a schedule of charges with this letter to provide you with clarification of these details.

 

If I do not receive a favorable response from you I will pursue this claim through the Small Claims Track of the county court, the cost of which you will also be pursued for. The Financial Ombudsman has been informed of this action, and after your previous attempt to resolve this situation I do not feel suitable action has been taken on your part to rectify this error and return monies owed to me.

You are therefore given notice that should I not receive a cheque from yourselves within the next 14 days for the above amount, court proceedings will be initiated against you. As I am sure you are aware, I will be asking the court to also include statutory interest to the above mentioned amount at the rate of 8%. My calculations indicate that this will bring the total owed by yourselves to £1424.03.

This is the only written correspondence you will receive concerning this matter prior to court action being initiated against you, I believe enough time has elapsed for your company to resolve this issue.

 

Yours faithfully,

Darftblerk

 

This is seperate from the unfair charges I'll be pursuing with them. Looking at the latest statement, my current balance is -£1522.08. They owe me approx £3000 in charges + PPI. How can they ever think to get away with this!!!?

 

 

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  • 2 weeks later...

Now received a letter from Robinson Way Ltd, as a 'formal demand for payment'. So I phoned them, and the numpty on the end of the phone told me that they didn't need a CCA, 'otherwise no banks would ever be able to make any money'. At which point I was quite rude to him :D and asked to be put through to their legal department. Needless to say, no one answered this number, so I'm sending them a CCA request, with a polite 'go away' paragraph.

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  • 7 months later...
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