Just about to issue my husbands Data Protection Act request to Halifax

[elizabeth1]

Hiya Everyone,

Well I am a newbie here and about to tackle all those Banks and Credit companies who ripped me off in the past!!

 

I only found you people last night - what a breath of fresh air you all are!! and to think I thought I was the only "low life customer these banks ever had to pick on !!" The avalanche of mail my banks sent us when my hubby was made redundant - I was sure they had my address as a favourite letter head on their computers!!!

 

I have copied a DPA letter and am about to edit and start with my Hubby's current account with Halifax.

 

Then I am about to dig through files and get older accounts with Abbey and dig through these other accounts to drag up old charges etc.. they made my life HELL - payback time begins??

 

My battle will commence then

 

First I have a few questions - I plan to call into Halifax branch with DPA letter and £10 payment fee - I plan to pay them cash (so they can't say they never had it or cheques bounced etc..) - is this an OK thing to do to get lists of previous transactions?? (That gets that ball rolling)

 

Also - my Abbey account - the charges do actually go back over longer than 6 years with that on two accounts - can I request printouts from accounts longer than 6 years in one go - or do I have to do say 2 requests? (like 2006 - 2000 and then 1999 - 1993) can I chase back longer than 6 years??

 

Cause the abbey account is older and from when National and Provincial had the Bank - Abbey took over all the accounts from N & P - so I was thinking I didn't actually open my account with Abbey - so I didn't sign anything agreeing to the Abbey terms and conditions - so these charges were unlawful ?? I WAS WONDERING HOW FAR BACK i CAN GO WITH THIS ACCOUNT - Abbey so thought they owned my money from day one when they took over my account and I was a mere poor student in those days!!

 

Can anyone help me with those questions please - just so I can get a start on this!!

[Outacash]

Hi elizabeth1 ... and welcome to this fantastic site!

 

If it's handy to go direct to your bank that's fine ... GET A RECEIPT!!

 

I don't know of any specific claims going back beyond six years, but you could look at this in the FAQ's ... it's about possible claims beyond six years ...

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/3805-can-i-claim-back.html

 

Hopefully someone else may be able to give you more information about older claims.

 

May be as well to get a start on the Halifax, do some more reading around this site, and post another enquiry about the Abbey / N&P on the Abbey forum. Keep each claim's progress posted in the appropriate forum, and you and others will be able to see your progress and tailor any advice according to what stage you're at.

 

You're still at the early stages, and a recent "newbie" at the moment (although I'm not that much ahead of you!), so lots of reading around this site is recommended ... to get fully acquainted with the process and see how others have trodden the path before.

 

ENJOY!!!

[thewifeandI]

Abbey may well be very obstructive over the data - they try and say that can't give you anything over 2 years old, but as Outacash says, read up in the Abbey forum for best advice from those who have been there already.

[elizabeth1]

Thank you both for your replies - I shall certainly call into my local Halifax branch tomorrow While I am in town and shall ask for a receiptand name of person I hand my request too (we know how they lose things??)

 

I will also post these questions on the Abbey thread too so I may get some response on how best to deal with them!!

 

I am amazed at the wealth of knowledge here and how well some claims have gone - I have sat here just reading threads for 2-3 hours today and can't believe how shifty these banks are with their "stall tactics" - So I want to be on the ball with them and take my time reading before approaching them as it's a larger sum of money. Halifax will be my test run as it's a lesser sum and more current than the Abbey accounts we had.

 

I can't believe that years back these charges letters used to reduce me to tears as we got into such a "hamsters wheel" because Abbey were charging and charging us and humiliating us and taking our money!! Now I am gonna hit them where it hurts if I can do so!!

 

I shall inform readers on here of my progress as things go along!! I am sure I will need help lots of time throughout this process!!

[thewifeandI]

Well done - that's just the right attitude to have. The more you know the easier it will be!

[elizabeth1]

Thewife&I,

 

I just thought - I did see something on the Abbey threads last night about Abbey holding back data over 2 years old - there is a letter draft on there that I saw that can be copied as a reply to that and to still stick to the 40 day deadline thing etc..

 

I wonder if it's worth some moderator trying to copy it onto other threads as a Sticky that stays at the top of each Banks threads - as it maybe worth doing as I am sure it will help lots of us??

 

It's something I spotted over there and can't remember where it was (it may have been on a sticky) - but from what I read and understood the banks try and charge again to go back further than the 2 years??

 

Thanks for your help - I sure hope you guys are gonna stick around to help me through this!! Bet these banks are gonna make a "big example" of me and see me in court!! But I sure intend to try!!

[thewifeandI]

If you can find it and let me have the thread title I'll see what can be done.

[Outacash]

Hi again guys,

 

Worried about the Abbey holding back data? This link may help ...

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/4031-abbey-microfiche-argument.html

 

Probably useful for any other bank delaying too!

 

Seeya

[thewifeandI]

Stickiness requested (!)

[Outacash]

Cheers!

[elizabeth1]

Hiya - I just finished noting down husbands missing Bank Statements - I will take DPA Letter to Bank tomorrow while I am in Town. :D

 

Can't wait to see if they comply!!

[mechs]

Hi and welcome Elizabeth, well done and good luck

[elizabeth1]

My spelling is lousy - whoops sorry!!

 

I just worked out from what statements I have there is roughly £1000 in charges on this Halifax account!! (no wonder we are always skint!!) Sure will be like a dog with bone over this account.

 

Will do a profile/signature later so people can see what I am claiming and with who - so we can see how it goes - hopefully it should encourage a few others to get their money back too!!

 

So far I am doing the Halifax for Hubby and HSBC for my son - will be interesting to see if I can push these to get money back while I plot my revenge on Abbey as I'd like to go back past 6 years on that one and have a try as they were "robbing scumbags" and really took the micky out of us!! So slowly reading how to deal with that one as they closed the accounts on us they are absolute rotters!!!

[elizabeth1]

Today was funny!!

I actually decided to go into the Halifax Branch today with my hubby's DPA request - went to customer services help desk with it - (beaming big smile on my face - as now we know we are right - banks are wrong?)

 

You should have seen the womans face "I don't know what this letter means" :o she tells me and she promptly slopes off to fetch a Manager asking me to take a seat and wait over there!!

 

I Sat so brave and smiled confidently and just waited while the conversation I could overhear took place - manager said " Mmm yes I heard about this off *** at head office last week - so just supply a full set of statements!!"

 

Nice customer services lady comes back and takes my £10 and said statements should be with us in 7 working days!!! Let's see if they are - sure will be interesting to see if they do as she said!! She even gave me two £5 receipts (not sure why she did it as two transactions at all)

 

For once I didn't feel intimidated while at the bank - cause I knew I was within my rights to be doing what I was doing - it was now up to the bank to finally begin doing the right thing? :D

It's well worth calling into a branch with this request - the looks on the faces is so amusing!!! :D

[elizabeth1]

Well - this morning I received all my husbands bank statements from nice people at Halifax 15 envelopes containing 75 statements!! Bet postman was happy?? So glad I over slept and didn't see him this morning!! Lady in Bank did promise within 7 working days - they excelled themselves and it took a normal week!!

 

Now after sitting and placing all this in order and going through it month by month - I am gobsmacked to say the least!!

 

Total charges came to £2,326.73 then interest came to £321.98 so in total my hubby's claim is £2.647.71 I am horrified I thought we were broke cause we have two teenaged sons!!! Just think of all the trainers and tracky bottoms they missed out on!!

 

Needless to say I just did the spreadsheet to send this list of charges and done the letter requesting our pennies back!! Great big sacks of pennies!!!!

 

Letter is going in post recored delivery first thing tomorrow - my count down begins!! If I am grumpy in the morning I might just go into branch and rattle a cage or two!! Let's hope I get out of bed on right side?? £2,647.71 - and hubby thought they were OK?? :o

 

No way am I giving up on that amount of money!!

 

With my sons HSBC student account - that's nearly £3,000 - and I've yet to sort Abbey!!

 

What is funny is my hubby said last week 2Ih - Halifax haven't been as bad as Abbey with us!!" is he kidding??

 

Nevermind - I feel a nice winter sunny holiday coming on!!!! That'll teach hubby?? She lives in hope???

[elizabeth1]

Well - Halifax sure have a way of making hard work for themselves!!

 

Yesterday 19th Aug - Duplicate statements were received again - this is the second pile of statements they have sent us!!

 

No acknowledgement of our letter requesting bank charges back though!!

[mechs]

just keep to your timetable

[elizabeth1]

Well today I got the Abbey Microfiche argument letter saying they'll send Microfiche printouts of accounts it isn't covered by the 40 day thing.

 

I will send the reply letter off here to them recorded delivery tomorrow as their reminder of 40 days thing - I am still a bit concerned that I will only get info for the 6 years etc.. BUT will "adapt" this to ask for data right back to the start of our banking with Abbey. Will see what happens - I am anxious as with Abbey it's two personal current accounts, a secured loan account also our mortgage account with them - so I am expecting some "funny business" from them.

 

Abbey adopted our custom in the take over from N&P years back - so our contracts were never with Abbey - but they sure had loads of meals on our money over the years!!

 

Sure will be interesting to see what happens now? Will I ever see some of our money back?

[Outacash]

Hi again eliz1 ... good to see you're getting on nicely!

 

I see your last posting is about the Abbey ... so might be as well to post a similar note in the Abbey forum as you might get a response from someone who has had exactly the same experience and can comment directly.

 

I take it that you have sent/are sending the templated letter that refers to their "non-compliance" with your earlier request? ... and I would reckon that is exactly the right response ... make them realise that you're not going to be messed with, and WILL take them to court to get what is rightfully yours!

 

The message you will have got from your reading around on this site should be that in the main you have to counter their bluffing and stick to your guns, and also that it is exceptionally rare for the bank(s) to actually get to court because they have a great deal more to lose than you or I do ... they would have to declare how they calculate their charges, and they're certainly not going to give that up easily, so will prefer to settle before going to court.

 

Also ... whilst others have taken precautions to open parachute accounts (jst in case), this isn't always necessary as despite you claiming back what they owe you, they will still benefit from your continued business after your claim is finalised. So there isn't an "automatic" threat to your personal / mortgage accounts ...

 

 

So ... carry on ... and good luck! Post again in Abbey forum (remember!) and hopefully it will now not be long 'till you're "sorted"!

 

 

CHEERS

[elizabeth1]

Hiya Outcash - Thanks for your advice!!

I did my Abbey Microfiche argument letter today ready to post in the morning by recorded delivery

 

I have posted over on the Abbey thread and updated my signature so people can see whare I am at - the Abbey one is worrying me more cause it's an old closed account so I know they are going to cause me bother.

 

I agree with you over the mortgage account as it's a more lengthy committment and they'd lose far more money if I moved my mortgage wouldn't they? So they'll not pick on that will they? I'm just thinking where people have been asked to close accounts with some banks etc.. my mortgage crossed my mind LOL

BUT my concern is if they don't comply I can't give a figure on court papers etc.. will wait & see and do more reading as I am sure I am not alone in this predicament - there is a way around this - will just keep reading and carry out my threat with Abbey and not back down as they took such a lot of money off us when Hubby was made redundant - I couldn't explain the hardship they put us through!! So when I get money back off Abbey I am gonna give it to my boys where it should have gone!!

[thewifeandI]

The mortgage is also a seperate agreement and they can't just withdraw it without good reason. Reclaiming your charges on the current account isn't good reason.

[elizabeth1]

Thewife&I - thanks for that reassurance there!!

I am glad you too think that my mortgage won't be a problem - I just read that some banks were making people close accounts cause they'd complained about bank charges - it was just a passing thought!! But I am sure they'll know better than to push that!!

[thewifeandI]

They can only attempt to close the account that has the problem - so the mortgage won't be affected. If they do attempt to close the bank account in retaliation the FSA would be interested to know about it.

[elizabeth1]

Today we got a response from Halifax local Branch Manager - he says he referred our request for repayment of charges to Head Office Customer Relations people who should be in touch with us withing next 4 weeks. Seems a standard reply as I have read on here so far.

 

I will just send in the LBA letter now and wait the 14 days to be up and send it on Tuesday 29th August 2006. Not sure whether to wait till Tuesday or send it tomorrow - but our letter says 14 days - best to be fair?

 

Another question - I think we have more charges this month to this account - can I just add them to the list of charges I wrote on spreadsheet as an updated thing?? Can I claim those too??

 

I shall re-read the moneyclaim stuff just so I am on top when that day comes!! Looks like it's getting there now?? Oh!! Happy Days??

[Outacash]

Hi eliz1

 

Stick to your timetable, don't worry about the bank ... standard reply.

 

Your letters go after 14 days (NOT 14 WORKING DAYS!) ... that's fair and regarded as reasonable (if it goes to court) ... AND sending the letters when you say also shows you mean business and are focussed on what you are doing, therefore less likely to be put off by the bank's delaying or distracting tactics (although they will still try!) and more likely to take them to court if you have to.

 

Just keep adding the charges ... they can all be claimed back ... it's your money after all!

 

I'm also coming up to MCOL (money claim online) on 28th August ...

 

YeeHaaaa!!

 

Exciting huh?

 

:)