SJP37/Halifax BOS

[SJP37]

Dear CAGers

 

Received the attached letter from Halifax in response to my SAR I sent them. Any suggestions how I respond to this.

 

Thanks.

 

Halifax response.pdf

Edited October 20, 2009 by SJP37

[BankFodder]

This letter has nothing to do with an SAR. It has to do with a CCA request.

They are referring to a responstituted copy of the original agreement. This is not the same as a true copy

[SJP37]

This letter has nothing to do with an SAR. It has to do with a CCA request.

They are referring to a responstituted copy of the original agreement. This is not the same as a true copy

 

Thanks BankFodder, but I did send them an SAR letter with the £10 fee. My initial CCA request only produced blank T&C's.

 

Any thoughts how I respond to their letter?

[IdaInFife]

they know what a sar is so i wouldn't bother responding unless they go over the 40 days and you can send a lba

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-

 

ida x

[SJP37]

they know what a sar is so i wouldn't bother responding unless they go over the 40 days and you can send a lba

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-

 

ida x

 

Thanks Ida, will send off template 1 today as they still have 10 days to comply.

 

Just one other thing, applying to the County Court for an order to enforce compliance, is this a relatively straight forward thing to do and what sort of costs are involved?

[SJP37]

Hi CAGers,

 

Received the attached default notice from Halifax yesterday.

 

Halifax Default Notice.pdf

 

Question is, is this an 'official' default notice or will it become 'official' after the 28 day period quoted in the letter when they've passed it to a licensed CRA?

 

I should point out by the way, that yesterday I sent them a 'Letter before Action' letter, which obviously crossed in the post, reminding them that they hadn't supplied all documentation (ie copy of signed CCA) as per my SAR and that they had 10 working days left before the 40 day notice period expires.

 

So should I sit and wait and see what they come back with or is there anything els I can do in the meantime in response to this default notice?

 

Would appreciate some guidance on this.

 

Many Thanks,

[SJP37]

Received a default notice from Halifax yesterday, which crossed in the post with a (LBA) letter I sent them yesterday advising them of their requirment to supply all documentation before the 40 day deadline.

 

I have posted a question on this earlier but have another:-

 

As I'm getting closer to the business end, ie the small claims court, and even tho I think I've got quite a good case (ie no copy of a signed CCA so far, after a CCA request and a SAR) am still worried about the whole court thing.

 

In the meantime I have done a budget planner and it looks like I could possibly offer them a reduced settlement pay plan as I could offer them pro rata reduced payments, which as an honest person I am willing to pay back. I suppose you could class it as an 'out of court' settlement. Is this viable or advisable to do at this stage or should I hold out?

 

Would someone please let me know.

 

Many Thanks,

[blueda]

Are you meaning to offer a part payment as full and final settlement ?.

[blueda]

bump

[SJP37]

Are you meaning to offer a part payment as full and final settlement ?.

 

 

I guess so, what would be the typical percentage to offer them, 30% of the balance?

[SJP37]

Are you meaning to offer a part payment as full and final settlement ?.

 

Blueda,

 

Received this letter from Halifax over the weekend, which looks like my LBA letter has got them thinking. They say they will be in touch no later than 13th November, but the 40 day notice period of my SAR ends on 27th October. What do you think?

 

Halifax response to Letter before Action.pdf

Edited October 19, 2009 by SJP37

[blueda]

I would offer them 20% to start the negotiations, if you are offered 30% as full and final payment and you have the means of paying it, then go for it and pay them quickly.

[Dotty50]

Dear CAGers

 

Received the attached letter from Halifax in response to my SAR I sent them. Any suggestions how I respond to this.

 

Thanks.

 

[ATTACH]13289[/ATTACH]

 

Hi SJP,

 

Did you realise your name is showing on this letter?

[SJP37]

Hi SJP,

 

Did you realise your name is showing on this letter?

 

Thanks Dotty I didn't will edit it now.

[SJP37]

I would offer them 20% to start the negotiations, if you are offered 30% as full and final payment and you have the means of paying it, then go for it and pay them quickly.

 

Blueda, do you think it may be better to wait and see what they come back with as per their letter, which they promise to by 13th November, before I start settlement negotiations.

 

I guess if they can't produce a signed CCA then it's unenforceable which means why offer them a settlement, or should I still do this to 'clear' the decks so to speak?

[SJP37]

Blueda, do you think it may be better to wait and see what they come back with as per their letter, which they promise to by 13th November, before I start settlement negotiations.

 

I guess if they can't produce a signed CCA then it's unenforceable which means why offer them a settlement, or should I still do this to 'clear' the decks so to speak?

 

Bump.

[IdaInFife]

Hi SJP,

 

regardless of any letter you set that they will respond t the still only have th 40 days t fulfill your sar as this is a seperate issue.

 

what do you mean court issue? have they threatened this you mean?

 

offering a full and final settlement means just tha, that you offer % off the balance and they may or not accpet and that clears the debt but this is normally done as a one-off payment and not haveing a cca putsyu in aprime position to offer this to get rid of it.

 

can you scan the default notice, delete any personal info and post it up here usng photobucket?

 

ida x

[SJP37]

Hi SJP,

 

regardless of any letter you set that they will respond t the still only have th 40 days t fulfill your sar as this is a seperate issue.

 

what do you mean court issue? have they threatened this you mean?

 

offering a full and final settlement means just tha, that you offer % off the balance and they may or not accpet and that clears the debt but this is normally done as a one-off payment and not haveing a cca putsyu in aprime position to offer this to get rid of it.

 

can you scan the default notice, delete any personal info and post it up here usng photobucket?

 

ida x

 

Ida,

 

Sent them a Letter Before Action template from the forum which was applicable prior to the expiration of the SAR 40 day notice period. Obviously this was to show that I mean business threatening Small Claims Court action.

 

As for a settlement, I think I could lay my hands on 20%-30% of the balance but if I can get out of that then that would be even better. But if no signed CCA then why pay money?

 

Default notice attached as requested.

 

Many thanks for getting back to me.

 

Halifax Default Notice.pdf

[IdaInFife]

oh ok,

 

well you have that in hand then,

 

the DN looks compliant.

 

if they have not supplied a cca you are witihin your rightsto wothold payment but the debt stillexisits and they will still lodge this on your CF.

 

certainly if you want to get rid of it then a f&f is the way to go

 

ida x

[lmd75]

I had the same 'payslip' type of threat. You should not be recieving the doorstep challange. Read it carefully, it states..

 

IMPORTANT NOTICE

 

Our representative will be calling your home on XX October 2009

 

PLEASE TELEPHONE 0845 300 0580 IF THIS IS NOT CONVENIENT.

 

It states "calling your home" NOT "calling at your home".

 

Halifax have too ignored my CCA request and also my 'Account in Dispute' letter! Mine went off via RM Special Delivery as well.

[SJP37]

I had the same 'payslip' type of threat. You should not be recieving the doorstep challange. Read it carefully, it states..

 

IMPORTANT NOTICE

 

Our representative will be calling your home on XX October 2009

 

PLEASE TELEPHONE 0845 300 0580 IF THIS IS NOT CONVENIENT.

 

It states "calling your home" NOT "calling at your home".

 

Halifax have too ignored my CCA request and also my 'Account in Dispute' letter! Mine went off via RM Special Delivery as well.

 

Thanks Imd75,

 

You're right, I should've read it carefully, no one did turn up in the end. Just getting the constant phone calls instead!

 

Anyway, my SAR 40 day notice period runs out tomorrow, then will be send them the 7 day reminder and if still nothing, it's off to the small claims court!

[lmd75]

None of my lenders have my telephone numbers for this very reason. I would send out the harrassment letter from the letter templates section and change my phone numbers (Its usually free for mobiles - just tell them you are getting lots of harrassing calls).

[SJP37]

None of my lenders have my telephone numbers for this very reason. I would send out the harrassment letter from the letter templates section and change my phone numbers (Its usually free for mobiles - just tell them you are getting lots of harrassing calls).

 

I have sent them the harassment letter, but that was totally ignored!

[SJP37]

Hi all,

 

Received this letter from Halifax (HBOS) in response to my SAR for the 2 accounts I have with them:-

 

HBOS Covering letter response to SAR.pdf

 

In it they say they have supplied a copy of the Application Form for each account alongwith relating T&C's.

 

Firstly, the T&C's are standard one's for the Bank of Scotland and secondly, the application forms are signed by me but not countersigned by Halifax. Are these enforceable?

 

Would appreciate someone taking the time to look at the 2 Agreements below. And I should point out that in both cases they came on 1 page, front and back and I question the validity of the photocopies.

 

Halifax Account 1 - Copy Agreement.pdf

Halifax Account 2 - Copy Agreement.pdf

[PGH7447]

write back and say thanks but as these forms quite clearly say page 4 of 8 where is the rest of the agreements, as such I do not consider that this fullfills my sar