HARRINGTON V Halifax (bring it on!)

[shaun1912]

Hi guys,

 

After reading the stuff on here which has been very useful and directed to me by a friend, I have decided to try and get my money back off the buggers!

 

I have sent my data protection letter today, how long does this usually take?

 

Also has anyone actually been to court with the bank yet to claim the charges back or do they generally give up before court?

 

Many thanks

[Guest bluecloud]

Welcome to CAG.

 

A S.A.R. can take any length of time but the law states that the bank only has 40 days to comply with the request. (That's 40 calendar days, not "banking" days).

 

Many people have filed claims at court but as a court appearance would be almost fatal to a bank they normally settle a claim just after filing.

 

If everything goes to plan then you should get your claim sorted just in time for the Christmas holidays.

 

Don't ever forget though that YOU are in control and that there is loads of help available here on CAG.

 

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[shaun1912]

Nice one, fingers crossed!

 

One other thing, when I sent my letter off to them today for the charges to my account, I didnt sent it recorded delivery - does this matter?

 

Cheers

[Guest bluecloud]

Personally I would send another all correspondence via recorded delivery (it only adds 68p to the cost).

 

If you've included a cheque in the letter then just look out for the cashing date.

 

The only problem with failing to record when a letter is received, is proving that you gave 14 days at each stage. However the postal service is still held in high regard by the courts and as long as you have a copy of the letter sent then you can normally get away with counting the 14 days from the date of posting. As you've only sent the S.A.R. the bank has 40 days. So far the Halifax has been pretty good with complying so you should get the information you've asked for but be prepared to wiat and be fobbed off with excuses. If you don't get the information in 40 days or less then you can send a LBA for failure to comply with the DPA. (Another possible claim).

 

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