steven v halifax part 1!!

[spud0772]

Ok having read the FAQ and read alot of forums so far, i'm excited and also apprehensive at the same time!! I'm fed up paying huge charges for small amounts like last month i bought four things from e bay for 4 pound each two took me over my balance and they charged 35 pound each plus 28 for being in an overdraft!! that was the last straw!!

 

I'm sending the D.P.A today and hoping it will go smoothly.

 

thankyou

 

steven

[thewifeandI]

Good luck! Keep us up to date with your progress.

[spud0772]

Hi it's now 33 days from i posted my D.P.A. the halifax cashed the cheque 20 days ago but i haven't as yet recieved the statements, if we go to the forty days and i don't recieve anything what is the next step for me?

[Guest bluecloud]

Once the 40 days are up you send a Letter Before Action stating that if the requested information i.e. statements are not received within 7 days you will issue a County Court claim against them.

 

See the following link,

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html#post38561

 

 

 

If you wish to try something in the meantime then I've drawn up a letter that may be useful.

 

 

Your Address

x

x

x

x

 

 

Miss L. Lumb

Data Protection Consultant

HBOS plc

Trinity Road

Halifax

HX1 2RG

 

Date

 

 

Dear Miss Lumb

 

Account: xxxxxxxx

 

You have so far failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

 

I respectfully remind you that the Data Protection Act grants you only 40 days to comply with a request submitted in accordance with the Act. You now have only (insert number of days) days remaining before this period expires.

 

In order to avoid unnecessary delays my Data Protection Act Subject Access Request was as follows:

 

* 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.

 

* If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

I would be happy to collect the Data from my local branch.

 

I have already despatched the required fee of £10.

 

Yours sincerely,

[ruthieanne]

it might be worth giving them a gentle reminder they'll be pretty busy with all the requests they've been receiving lol if it goes over the 40 days you can apply to courts for non compliance under the dpa......... i just phoned them and got them all within 2 days of my call

[spud0772]

Thankyou both for your advice, I sent Your letter blue and I have gotten my credit card statements today and they owe me 1000, now waiting on my bank account ones though think I'll have to do two claims as it will be over 2000.

[spud0772]

Ok it was only yesterday i got my statements for my credit card but the bank account hasn't followed and i don't want to hold up proceddings. So can you advise me on the next step is it the first letter?

[spud0772]

i've sent the first lba letter asking for my charges reinistated on my credit card for 1000 pound, so i'll just hold on to the timescales. I still haven't recieved my statements for my bank account only the credit card which i'm not happy about was gonna give them a few days what do you think??.

[Paul Sweet]

Hi Steven,

I have just been charged £39 for an unpaid direct debit. I'm self employed and am at the mercy of the people I'm invoicing and unfortunately these do not get paid for some time. Consequently charges mount at the bank. To me this is the last straw and I will be taking action.

 

All the best with your action.

 

Paul S

[spud0772]

Hi Need Advice Please

 

I Have just received my response to my first letter before action, i'm looking 1000 pound charges back on my credit card they have offered me 500. whats the next step, and if i accept this money is that the claim settled and finished or can i accept but go on for more??

[Springer]

Hiya

 

Just use the rejection of offer letter in the templates library which says you will accept their offer but in the understanding you will continue with your claim for the rest.

 

All the best!

 

xox

[spud0772]

thanks Springer will do that today.

[spud0772]

Ok haven't heard back from them so i'm now gonna send my second letter. And to add i've totalled up my charges for my bank account and it comes to 2500 so i've the first letter away to them as well!! only question in northern ireland courts what can i claim at one time to keep it in the small courts?

[spud0772]

Hi Got a dilemma, i have sent the before court letter to halifax for my current account in which they owe me 2500, they have sent back an offer of 1914. Should i settle or should i go for court action? i'm really interested in knowing what to do and also can i claim for the whole 2500 plus interest in one go in the northern ireland courts?? :idea: also the credit card company have written back saying that they will not refund me the money and i should apply to the financial ombudsman do i send the second letter before court or what do i do?

[hillards]

This is working for a lot of people so :- Call the person at the Hx who sent your offer letter, say that you are about to reach the court stage and would like to ask if they are willing to improve on their offer before you do that.

 

On the letter you should have a reference number, above the roll number, and a direct telephone number. They make it fairly easy to get hold of them.

 

Have a look around some recent threads on here and you'll find that this does work. You may not get 100%, but if you're happy with a higher offer then it saves all the hassle of court, for both sides.

 

As for the credit card - move on to the next stage.

[spud0772]

Thanks Hillards, Have sent the next stage letter to credit card and I will phone the halifax tom or monday and see what they say.

 

Thanks again

[spud0772]

Hi does anyone know the answer to this? My dad had alot of debts with both credit cards and loan companys. The charges were horrific and he couldn't pay them. So he involved a solicitor who contacted all the companys and offered them an amount of money to settle each account and clear his debt. They all accepted and that was the end of it. Could he now possibly try to claim back the charges they charged him while he had the accounts, even though he didn't repay any of them the full amount that he owed?

[spud0772]

Hi just to update you on my account, I phoned the halifax after they offered me a settlement and i have now been offered 2000 pounds so i've accepted. Thankyou everyone and i will donate when i get the money!!

 

On my credit card the second letter has gone and they have 14 days or i'm lodging a court action.

[spud0772]

Hi Have donated to the site as the money has came in and i'm so thankfull for this site.

[spud0772]

Hi my credit card request has not been replied to so its time for court. I'm in Northern Ireland is there a different system i have tyo do or what stages do i complete now????????

[spud0772]

Hi my credit card request has not been replied to so its time for court. I'm in Northern Ireland is there a different system i have tyo do or what stages do i complete now????????