stillwaiting for statements

[harrygee]

Have been waiting for statements letter sent to halifax on 14th of July, received reply 28th july stating it would be dealt with

Phone call centre 4th August call centre not sure what up

phone call centre 8th August told request had been actioned ( not)

checked with Branch 11th August being actioned

Spoke to Call centre today31st. statements had been sent out but must have been lost in post are being reissued asked why I wanted them.

Getting Seriously hacked off especially as I stated that there was a 40 day limit to my request.

In the mean time have opened a new account and am now using that

Is this a new ploy by the Halifax to get people to give up claim?

 

A hacked Off Harrygee

[aardvark the lecturer]

Hi mate,

I sent my SAR for info on banking history on 27th July, I received partial statements a couple of weeks later and called the to see what was going on. They also claimed to me "it's already been sent... blah blah.... will resend...".

 

 

Just sent the following letter;

 

 

31st August 2006

 

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

 

Dear Madam

 

 

ACCOUNT NUMBER: 123456 Sort Code 11-22-33

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 27th July. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a complete list of transactions and charges. I have to date received the following;

• Statements pertaining to banking transactions/charges from the 28th November 2003, up to and including the 8th August 2006.
  
• Duplicate statements pertaining to banking transactions/charges from the 28th November 2003, up to and including the 31st December 2003.

You have not provided any information regarding our banking history prior to this date, which will extend to at least the 1st of July 2000.

2) You have provided no notes, or documents relating to instances of manual intervention.

I refer you to the original text within my initial letter,

“Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.”

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further 9 days to comply.

 

Yours faithfully,

There are templates and guidance in the bank templates library on this forum about letters for non compliance etc

Let's see what they make of that! 8)

Good luck!

 

 

[harrygee]

thanks for that

will get redo letter

 

H

[harrygee]

At last statements arrived todayafter all I have only been waiting since 14th of June .

Guess What?

Halifax have only sent me statements from Jan 06 -August 06 not for the past 6 years.

Spoke to a really helpful girl in call centre who said that she would order up the missing statements but could possibly take 2 weeks.

Why does the Halifax not a stamdard procedure as in the past other operators have not been able to do anything, ie order statements or in fact have any idea what is happening

Should I go aheads an start claiming for what I have been charged since January or wait for the remainder statements to arrive?

Worked out I have been charged about £487 + interest

:? :?

[harrygee]

Have resent letter demanding my remaining statements I am getting seriously fed up with lack of response from hailfax

but can see from other members that you have to keep trying

Harry

[dollies01]

Hello Harry!

I can't believe you are still waiting, its disgusting behaviour by Halifax.

Personally, If I were you, I would go straight in now with the preliminary letter, and an estimate (over rather than under) of your charges, stating that you have had to estimate because they have had x amount of time to respond to your S.A.R and have failed miserably.

I wouldn't mind betting, they would come up with the actual figure in days.

They are giving you the run around

don't let them!

good luck

x

[Marquez]

Hello Harry!

 

I can't believe you are still waiting, its disgusting behaviour by Halifax.

Personally, If I were you, I would go straight in now with the preliminary letter, and an estimate (over rather than under) of your charges, stating that you have had to estimate because they have had x amount of time to respond to your S.A.R and have failed miserably.

I wouldn't mind betting, they would come up with the actual figure in days.

They are giving you the run around

don't let them!

good luck

x

 

Yep, i absolutely agree, i handed my S.A.R letter in to my local branch on the 17th August and i am still waiting for my statements, it's been 29 days since then, they better get those statements to me soon.

 

Just out of concern, if they don't get them to me within the 40 days, what action do i take as they will have breached their obligations under the data protection act and i will be VERY pi*sed off if i don't get my statements in full and complete form delivered with a smile within the 40 days...

[dollies01]

If you do get them within the forty days, Marquez, you will of done very well!

Halifax are a nightmare for this, you have to bang on at them constantly.

Plain sailing once you have them, but geeez do they push you to the edge with the statements!

[morgan054]

Have resent letter demanding my remaining statements I am getting seriously fed up with lack of response from hailfax

but can see from other members that you have to keep trying

Harry

 

Hi Harry, try this email contact mailto:[email protected]

 

I had read another post with this contact so after my long drawn out process including court action, see my thread http://www.consumeractiongroup.co.uk/forum/halifax-bank/10610-morgan054-halifax.html

 

I thought i may as well try, to my amazement my statements were sent next day special delivery so its worth a try otherwise use template 1 or 2 from here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Good luck

[harrygee]

Thanks Folks, will keep on trying

 

Harrygee

[aardvark the lecturer]

Hi Harry, any joy with statements yet?

 

If you do end up taking there non-compliance with DPA further, you will need to show what date their 40 days began on, i.e. proof of delivery or the day the cheque was cashed I believe.

 

As I understand it you then have 2 choices, you can complain to the Information Commisioners office, or take them to court (ensure you have sent them one of the Letter Before Action for non-compliance with a SAR first.

(this is the same as the letter I posted earlier and also link from Morgan054.

 

Good Luck

[harrygee]

Still waiting for statements but stillcahsing them,

THe first letter I sent via recorded delivery so I have that on file

 

Harry

[aardvark the lecturer]

That's gotta be a new record on time spent waiting for statements!!

I've got another SAR in with HALIFAX for a 3rd account that I forgot to include on my first one, but that was only sent on the 8th., and cashed sometime before the 18th.

 

Good Luck!

[harrygee]

At last I have just received all my statements worked out that charges amount to approx £5,500 excluding interest, can now get on with getting it back

 

Harrygee

[marshkid]

Still waiting for my statements, been well over 40 days, they have managed to cash the cheque i sent but can't seem to pull their finger out enough to actually do anything else!!! Unbelievable

[dollies01]

Yay Harry!!!

at last eh?!

No wonder they took so long with a total of charges like that, they were probably putting off the evil day when they have to pay it all back..........

[harrygee]

I know, I am a bit apprehensive about starting claim but sod it these people have made a fortune of me in the last 6 years, and to be honest I need the money

 

Harry

 

[harrygee]

just one question does anyone know if the court process is differentin Northern Ireland

Harry

[Marquez]

I still don't have my statements after 48 days

 

yesterday they told me they will be delivered soon

[aardvark the lecturer]

I still don't have my statements after 48 days

 

yesterday they told me they will be delivered soon

 

Oh look, quick, over there...........its howard the flying pig..........on his way to drop of early christmas presents to all the children of the great unwashed.....

 

hang on....hang on.... no thats complete ******** as well. :grin:

[harrygee]

Just finished calculating charges as expected comes to£5646, but I cannot claimthrough small claims court in Northern Ireland as max is £2000, has anyone been successful in claiming in Northern |Ireland ? did you need a soliciter?

 

Harry

[Guest bluecloud]

Hi Harry

 

Been looking the NICS web site and haven't found anything yet.

 

However I did find a link to and Acrobat file about the small claims service that includes a template for a preliminary letter and and LBA.

 

I have found a link to a private company that gives details for claims up to £15,000.

 

"

County Court

Debts up to £15,000

Obtaining a Judgment in the County Court can be a paper exercise, unless your claim is disputed.

Procedure:-

We will prepare a Civil Bill, which is sent to the relevant court* together with a cheque for the court outlay of £140.00; it will then be stamped by the court and served on the debtor or their solicitor. The Debtor has 21 working days after service in which to lodge a Notice of Intention to Defend.

• Should the debtor pay within 21 days of receiving the Civil Bill, the Debtor will be liable to pay you the principal sum, applicable interest and recoverable fees awarded by the court (these are known are 21 day costs which are prescribed by statute). You remain liable for our professional fees.
  

• If the matter is undefended, ie. the debtor fails to respond within 21 days. We will send an Affidavit of Debt to you, which must be sworn in the presence of a solicitor. Once this has been returned to us, all the relevant paperwork together with a cheque for the court fee for marking judgment of £62.00 will be sent to the court and a County Court Judgment (CCJ) will be obtained. This option does not normally require your attendance at court. Once a County Court Judgment has been obtained the debtor is liable to pay the principal sum, applicable interest and a higher scale of recoverable costs.
  

• If a Notice of Intention to Defend is received, then the debtor has signalled an intention to dispute the debt and the matter will be passed to our Litigation Team. In this event, the issue of costs is one to consider very carefully, as our fees for a contested matter are marked in accordance with the County Court Scale Fees, which are significantly higher. If you were to lose a contested case, you would be liable for not only our costs but also the debtor’s legal costs, which can be considerable. The Litigation Team will advise more fully in this event.
  

In a contested case, if you are successful, additional professional fees as appear in the County Court Rules will be added to the Debt and may be recoverable from the Debtor if recovery is achieved.

 

* The relevant court will depend on where the debtor resides, or where the cause of action arose.

 

"

 

It would appear from the quote that a trip to a County Court may be necessary. There should be some literature available on the court procedures.

 

Alternatively, if you have family or friends in England or Wales, it is possible to issue a claim using their address for correspondance. After all, the Halifax do have call centres on your side of the Irish Sea so what's good for the goose must be good for the gander.

 

Sorry I can't be any more help than that.

 

 

.

[harrygee]

thanks Blue cloud,

 

Have been tryingto find the link to company but cannot seem to loacte it can you please let me know name of company

 

Harrygee

[Guest bluecloud]

I'm not sure I'm allowed to name names but I found the company by googling

 

"debt recovery guide northern ireland"

 

If a moderator says so I can post the name of the firm.

 

 

.

[harrygee]

thanks for that

 

Harrygee