25 Days Late,3.5 Kilos Of SAR Arrives With 1989 Agreement

[middenmess]

65 days after Halifax received my SAR and about 20 minutes after I had filled in form N1 [courtesy of CAG templates] to take to Court on Monday to force compliance from Halifax I received a very large parcel from them.

 

Posted by Special Delivery [cost £21.65!] in a tamper proof plastic envelope was 3.5 kilos of rain forest being probably half of what I had requested from Halifax with my SAR.

 

It gives me most of what I want in the way of statements [from 1993 to present] etc but surprisingly it also contained a copy of my Application/Agreement from 1989!

 

So expert caggers, is this or is this not an enforceable agreement?

 

I can see a couple of omissions [i think!] but will appreciate the thoughts of others please.

 

 

 

 

[yourbank]

I think it might be recycled paper .

 

I gotta say that is one of the most comprehensive SAR's I have seen so far to date.

[ajs444]

It's an application form not an agreement, for a start.

[middenmess]

And just to endorse that point...

 

[GARY68]

Its a application form, has it got the terms and conditions on the reverse?,

 

only my opinion but...it seems to have all the precribed terms even at 1989,

apr/frequency of payments/both sigs/cancelation rights.

 

only my opionion of course

[MRS_P]

How did you make the application? I only ask becasue I made an application in branch in 2002 where the the application was then printed off (with ppi pre ticked btw) without a prescribed term insight (I'll post this up later when I get round to starting a thread).

 

I got the application in a recent SAR request, I'm going to send a cca request to see if anything different turns up.

 

Looks like your application has all the prescribed terms which would make it enforceable, but get this confirmed!

 

Mrs_P

[middenmess]

Its a application form, has it got the terms and conditions on the reverse?,

 

only my opinion but...it seems to have all the precribed terms even at 1989,

apr/frequency of payments/both sigs/cancelation rights.

 

only my opionion of course

 

Hi Gary-thanks for your observations.

 

On the surface it has a chance of being enforceable but the reverse of this 'copy' is blank which makes,for example,the sentence..

 

Under the terms of this agreement as set out overleaf

 

which then refers to various different numbered Conditions

 

rather silly:).

 

Am I right in thinking that the credit limit has to be stated here somewhere as well?

[GARY68]

Hi Middenmess,

quite right if there not on the reverse then they are clutching at straws again;) and I think you maybe right with the credit limit,

 

I wasnt suggesting they had a enforcable agreement by the way..I personaly wouldnt pay up for that ,

what about ppi (I noticed you were self employed-mis selling) and charges do they outway the balance,just something to consider;)

if it anything like mine its been changed to a mastercard from a visa as mine had.

 

really surprised they pulled this one out of the bag after all this time.

[middenmess]

Hi Gary,

 

I was 'lucky' enough to get a copy of my application form from Barclays from 1993 with my SAR.

 

See #9 at http://www.consumeractiongroup.co.uk/forum/barclaycard/206289-partial-response-sar.html

 

so it was not that much of a surprise to be even 'luckier' to get a 1989 copy of the application from Halifax.

 

Sent off for CCA to Halifax on 15th July so might receive a reply sometime in September if they adher tothe date lines as they did with the SAR!!

 

Very happy with the PPI element as I've had several ops over the past eight years and was unable to work and the insurance paid up around £10,000+ spread over Barclays,MBNA,Egg & Halifax.

If I had not had this PPI, I would have been in serious trouble financially with my cc's as there would have been no way that I could have made any payments to them during the time that I was off work [12 months plus!]

 

Have a look at my posting #8 on my Barclaycard thread

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/210825-1993-terms-conditions-worth.html

 

and see if you agree with what I've said there.

[middenmess]

How did you make the application? I only ask becasue I made an application in branch in 2002 where the the application was then printed off (with ppi pre ticked btw) without a prescribed term insight (I'll post this up later when I get round to starting a thread).

 

I got the application in a recent SAR request, I'm going to send a cca request to see if anything different turns up.

 

Looks like your application has all the prescribed terms which would make it enforceable, but get this confirmed!

 

Mrs_P

 

Hi Mrs.P--It's 20 years ago so I honestly haven't a clue as to how I applied but it was possibly by post.

 

Like you I got my application form from my SAR request and as per my previous post I'm expecting a reply to my CCA request on the same day as our glorious leader Gordon Brown gets something right!

 

Let me know when you scan in your application form.

[MRS_P]

Hi Mrs.P--It's 20 years ago so I honestly haven't a clue as to how I applied but it was possibly by post.

 

Like you I got my application form from my SAR request and as per my previous post I'm expecting a reply to my CCA request on the same day as our glorious leader Gordon Brown gets something right!

 

Let me know when you scan in your application form.

 

My application form is exactly the same on post 2 of this thread http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/197657-gary68-halifax-gold.html which is a fantastic thread which I will follow as a guide..thanks to Gary68.

 

In regards to the credit limit issue you raised in an earlier post I think this is mentioned on your application in clause 2as follows

"The society will determine and notify you of the credit limit from time to time (Condition 1)"

Edited July 27, 2009 by MRS_P

[middenmess]

Couple of things I forgot to include.

 

The blanked out white section at top right of my application form seen at post # 1 was done by Halifax and not by me.

 

In the covering letter that I received with my SAR forest was the direct line phone number to the SAR team at Halifax.

 

Expecting numerous hash key & star key options interdispersed with musak to be forthcoming I phoned it today as I had a couple of queries and was very pleasantly surprised to have the phone answered within a couple of rings by a very helpful lady who listened to my query and said 'I'll phone you straight back with an answer' and within 2 minutes she did and has arranged to send some further items of info onto me in the next two weeks.

As she was being very friendly and helpful I asked as to what date information is normally retained at Halifax as I had received statements back to 1993.

She replied that she understood it generally to be 2001 when the Halifax changed their systems.

I complimented her on the speed and efficiency of her responses to which she told me that 'it's your right to have this information and we are here to help you'

Makes a refreshing change to be able to deal with someone who knows how to deal with the public and I just hope that this helpfulness is office wide in this department and not just related to this lady.

 

Only time will tell.

[middenmess]

OK-Charges totted up and sent off today.

 

What are the chances that they pay up as quick as Barclays do?

[noomill060]

Claim for the PPI premiums plus interest as well!

 

By PPI in mean the "Credit Care"- you were self employed so you would never have been able to claim on the Credit Care.

[noomill060]

OK-Charges totted up and sent off today.

 

What are the chances that they pay up as quick as Barclays do?

 

For your sake I hope they dont. ;-)

 

Youre going to have to re calculate the charges as compound and do all the PPI premiums as well.

 

Dont worry, theres handy website that will do it for you, but its going take you a while, but by thunder Its going to be the best paid time you will ever have.

 

WOOOOOOOOO HOOOOOOOOOOOOOOOOOOO!!!!!!!!!!

[middenmess]

Claim for the PPI premiums plus interest as well!

 

By PPI in mean the "Credit Care"- you were self employed so you would never have been able to claim on the Credit Care.

 

From my post at #9

 

''Very happy with the PPI element as I've had several ops over the past eight years and was unable to work and the insurance paid up around £10,000+ spread over Barclays,MBNA,Egg & Halifax.

If I had not had this PPI, I would have been in serious trouble financially with my cc's as there would have been no way that I could have made any payments to them during the time that I was off work [12 months plus!]''

So you can perhaps understand my concerns about claiming [and making to many waves by claiming contractual insurance] when theoretically the charges have already been paid back.

[noomill060]

was it this Halifax policy you claimed on?

[noomill060]

When was the earliest charge? (exact date if you can) How much?

 

I'll tell you how they owe you for it now with compound interest. It will astonish you

[noomill060]

IVe got a £5 charge from Barclaycard in 1986- worth over £300 now.

[middenmess]

Made successful claims on all of them. [add RBS to the list as well]

 

First claim extended for 12months--the max-and had no more problems when making subsequent claims a year or so later.

 

Only a few small hiccups and being self employed was never more than a minor issue.

 

Had far more grief from DSS over claiming--accused of working whilst claiming including interview under caution. Got so hissed off with them over such a small amount that I regret to say that I told them what to do with the sickness 'benefit' and never claimed again.

[noomill060]

There are more issues regarding mis selling than just your self employment and there could well have been other circumstances where they wouldnt have paid out and no guidance was offered as to these exclusions, nor was any information provided as to alternative PPI plans.

 

Also, the PPI premiums will have been added to the credit balnce and thus the interest rate is far higher than stated and so the prescribed terms are wrong- and so the agreement is totally unenforceable anyway.

 

So- you get the PPI premiums and all charges back with interest on top because the agreement was never legal in the first place.

[middenmess]

I consider myself to be a reasonably intelligent person [all be it somewhat lacking when figures are bandied around] but dispite running my own very small business for many years I would never have thought of the increased interest rate that you state above--not sure if I've understood it correctly or not but could be prepared to battle if I really can understand exactly how it would all work.

Somethings I grasp things immediately,the blatently obvious sometimes takes a while to sink in!

 

The earliest late charge I claimed against Halifax was for £20 in July 2002 because despite having statements back to 1993 that was the date of my first charge.[all are late charges]

Been paying credit card insurance since 1989 though!

 

Accepting the money from BC bought my FD overdraft down just a few pounds which means I'm likely to go for them as my charges from 1997 to date are £1200 in excess overdraft fees or whatever they choose to call them.

 

My sole trader business account with Barclays piled up a few hundred in charges between The late 1990's-2006.They then called in my overdraft and closed the account so I'd really like to have a go at them but my SAR to Barclays failed to produce those statements and I just haven't had the time to attempt anything else on that front yet.

[noomill060]

pm me your email address and I'll send you a BBC radio 4 "You and Yours" interview with a solictor and that should explain it.

 

[BankFodder]

pm me your email address and I'll send you a BBC radio 4 "You and Yours" interview with a solictor and that should explain it.

 

Could we have a copy of the interview to put up on the forum please

[patrickq1]

Could we have a copy of the interview yes would like to see that noo