halidebt v Halifax

[halidebt]

DPA request sent 27th June

Request acknowledged 13th July

£10 cheque cashed by Halifax 17th July

 

The 40 days ran out on Sunday - no statements have arrived!

 

I have complained to the information commissioner.

 

I have also sent the following letter before action to Halifax:

 

------------------------------------------------------

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

Dear Sir/Madam

ACCOUNT NUMBER: 4556 4730 0153 6902

You have failed to comply with my Data Protection Act Subject Access Request dated 27th June 2006.

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

For your information, I received acknowledgement of my request from [name of employee] of the Business Risk – Retail department in a letter dated 13th July. However, the requested statements have not been delivered. The 40 day period for compliance with my Request expired on 6th August.

I have also lodged a complaint with the Information Commissioner’s Office.

Yours faithfully,

[Halidebt]

------------------------------------------------------

 

Should get their attention!

 

[halidebt]

Hi all,

 

I've made a spreadsheet to recalculate credit card statements as they would be without charges - this has an important impact on the interest charged.

 

How do I post a file?

 

Halidebt.

[halidebt]

Done it!!! Now I just need to know what to do with it...

 

...doesn't seem to be an attach button here.

 

Can anyone help? How do I post/upload spreadsheets?

 

 

Hi Halidebt and everyone else out there!

Is there any news on the spreadsheet for calculating Credit card debts?

Sorry I have been offline for ages with all sorts of problems.

I will get back on tonight and let everyone know what is happening when I finally get some peace!

Thanks for everything so far.

Have issued my claim today online for my current account. Will post all the details later when I find my thread!

Substation.

[thewifeandI]

You just need to print off the Charges and Interest sheet and send that as your 'schedule of unlawful charges claimed'.

[halidebt]

No, I mean I've written a spreadsheet for other people to use to calculate their credit card balances with charges removed.

[thewifeandI]

It's probably best to email it to Vamp when she's back off her hols.

[Tigs33]

That sounds like an excellent idea. I think you would be best PMing one of the mods.

[halidebt]

Hi all,

 

Having a few probs with my Halifax Credit Card.

 

Data Protection Act request for statements sent 27th June (incl £10 cheque)

Acknowledgement received 13th July

Cheque cashed 17th July

40 day limit expired with no sign of statements 6th August.

 

I sent a complaint form to the Information Commissioner's office on the 8th and the standard LBA to Halifax on the 9th by recorded delivery. It was received on the 10th of August. Since I gave them 7 days, that expires tomorrow - but I haven't heard anything.

 

Can anyone give me any advice?

 

Should I ring them or proceed with court action?

 

Also, is the £30 for court action recoverable from Halifax?

 

Thanks for all your help,

 

Halidebt.

[halidebt]

So the 7 days expired with nothing from the Halifax. Has anyone else had this problem - what did they do, what were their excuses?

 

I now have to take them to County Court when I find the time - even though I threatened to do this as soon as the deadline ran out I have too many other things to do for the next couple of weeks. Will this be a problem?

 

Thanks,

Halidebt

[jonni2bad]

5 threads merged.... visible finger wagging here!

[Isiris]

MAy I suggest this goes into the Halifax section rather than General ?

[halidebt]

If I formally dispute a debt, can they sell it to a debt collection agency?

 

This is the £1600 I 'owe' Halifax Card Services. I've worked out that when you take off charges they actually owe me a little bit. But now I'm threatening them with court, what's to stop they selling it to an aggressive agency?

 

I've heard there might be a law that prevents this if the debt is disputed. Is this true?

 

Thanks for the help,

 

Halidebt.

[jonni2bad]

They are certainly not supposed to take further action if it is disputed - just write a letter stating that you formally dispute the amount and you are in the process of taking legal action to resolve the matter.

[halidebt]

OK. Sent a letter stating I formally dispute the 'debt.' Also included an LBA asking for the money they owe me back. That runs out on Friday. Now going to get my court stuff ready!

 

Halidebt

[halidebt]

OK. Things have been a little busy since I was last on here.

 

Halifax tried to get me to sign a 'full and final settlement' for a paltry amount(£200). They have responded to the Information Commissioner's letter saying they have sent the DPA documents to me - they haven't - so I think they're lying to the IC.

 

Got fed up with Halifax's nonsense so I issued an N1 claim form through the county court earlier this month. Served on 11th October. This may be of interest to people as it was to get current account charges back, credit card charges wiped and for Halifax's breach of the DPA.

 

The monetary bit £835 (including section 69)

 

Three days later...intention to defend. So far everything as normal. Then on Friday (20th Oct) letter from Halifax: "Thank you for confirming your acceptance of our offer of £855.02. I am pleased to enclosea cheque for this amount in full & final settlement of your complaint" WHAT? There's a cheque, but I haven't agreed anything. They hadn't even offered this amount before. I don't even know where they've got this figure from.

 

So I'm not sure what to do, or what happens next. They've got 28 days from 11/10 to file defence - that's 8th Novemeber. Then I presume we get a court date. Since they haven;t wiped the CC 'bill' or complied with the DPA I'm intending to let it trundle on till we go to court. Any thoughts?

 

Cheers,

Halidebt

[jonni2bad]

Can you post your Particulars of Claim please?

[halidebt]

Hi jonni2bad,

 

I have PM-ed them to you.

 

Halidebt

[jonni2bad]

claim no 6LV24880

 

amount £834.98 (and £80 in court costs since they're being unreasonable I think I can get this too)

 

this amount is comprised of: current account charges, overdraft interest, section 69 interest, and credit card account overpayment

 

the claim also requires halifax to drop their request for payment of approx £1700 on the credit card and to comply with my Data Protection Act S.A.R - (Subject Access Request) made in june which they have so far failed to comply with

 

halidebt

 

I presume from the above that your Particulars of Claim start at the wording "The claim also requires...."?

[halidebt]

Hi, Sorry for taking so long to get back. I'll post the full particulars of claim after this. In the meantime:

 

HELP!

 

Despite filing a case against them for the full credit card bill amount, they've now started sending me postcards saying: "Our representative will be calling your home on: 20th Novemeber"

 

What are they doing? I'm getting a bit scared by this.

 

Thanks,

Halidebt