Help please! - Where next?

[MrsMonkey]

Hi,

 

I've posted this in the Halifax section but as time is of the essence and the gist of my letter is I don't know where to post, I'm posting it here too!

 

I'm so confused - there seems to be so much information which depends on your individual circumstances, I'm not entirely sure what my next step is. Or where I should be posting my threads i.e. on a Halifax specific thread or and specific advice thread.

 

Please help!

 

I sent the following on the 2nd Oct by recorded delivery (all previous history should be contained in my signature below)

 

30th September 2006

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Your ref – ****** – Completion of Request for a List of Transactions and Charges

Our ref - ****** - Joint Account

Roll No – **********

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 25th July 2006 (see copy attached). 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 from when the account was opened until the 1st January 2005.

 

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.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

 

***********

 

I'm not sure if I should put my personal details on here as I don't know if the Halifax monitor these sites...

 

 

But basically, I have heard nothing - the 7 days has expired (the 11th today) but when should I count if from? I know I need to take action but not sure where to go next. Is it a complaint to the Information Commissioner and a County Court Claim? I thought that a County Court Claim could only be issued if I had details of the costs to be pursued - and I don't!! (I do have the details from all the other accounts i.e both sole accounts and the credit card - it's just the joint prior to Jan 05 - where I suspect most of the charges are - which are missing)

 

 

If an experienced eye could point me in the right direction......

 

ANY HELP GRATEFULLY RECIEVED!!!

 

N.B. There has been a delay in me chasing the 40 day limit and non compliance with the S.A.R as amongst other things I've received some very bad family news. Does this delay mean the bank suspect I am not on the ball and are playing 'hard ball'?

__________________

[MrsMonkey]

Hellooo!

 

Can anyone help with this at all - please?

 

Thanks

[techtalkonline]

Hi MrsMonkey,

 

If the Halifax have not fulfilled your SAR to your satisfaction and have since failed to respond to any further requests, then your next step is to file an N1 with your county court for Non-Compliance. There is a template letter that you can edit to your circumstances in the Libraries section of the forum.

 

Your letter was posted on 02/10 so therefore it is deemed served on 04/10. I am not entirely certain, but the time limit for the letter is 7 days as i believe is the case. You should inform the Information Commissioner, although they do not seem to be of much help at the moment, but contact them anyway so that nobody can say you didn't. Then proceed with the N1.

 

I am not an expert here but this is just what i think is correct information!

 

Regards,

Colin.

[MrsMonkey]

Thanks Colin,

 

Most helpful!

 

In the meantime I've called the Halifax Business Risk Centre to speak to someone named on the correspondence that's supposedly dealing with this.

 

I got told that when I made my original S.A.R they were inundated by requested and the sheer volume of them overloaded the system. They request them on a year by year basis and I obviously hadn't recieved mine prior to Jan 05 due to the system overload.

 

I explained I would be taking action at the county court for non compliance if these are not received and was assured that an 'overnight request' would be put in - apparently it can only take so many before it reaches it's limit (?!) but I would definitely get them by the beginning of next week and they would arrive in batches on a year by year basis.

 

I countered that due to 'research' I had done - these kinds of requests are often promised/assured and are 'stalling tactics' and having taken a note of the persons name I would be pursuing action if they were not received by next week.

 

Shall I wait and see or start proceedings anyway?

 

Hope this comes in useful to other Halifax customers!

[livelylad]

Start proceedings they are taking the p1ss.

[techtalkonline]

Start proceedings they are taking the p1ss.

 

I am not so sure about that. If you proceed with the claim and the SAR papers arrive as promised early next week, i would assume that the courts would take this into consideration and not look too favourably towards the claiment. Yes i know that the deadline has passed, but the fact that a telephone conversation has now taken place and that you have been given notice, it may well be best to wait for just a few more days until proceeding with he claim. Obviously, if by Tuesday you have still not received anything, then i would proceed immediately with your claim without notice!

 

This is just my opinion and perhaps you would be wise to ask a moderator for theirs before deciding what the best course of action to be. For the sake of a few more days, it may be safer to hold off.

 

Regards,

Colin.

[livelylad]

You have been more than patient, they have had since the 25th July to respond to your SAr and also a further 7 days grace you gave them. i would proceed with action. If you recieve your statements you can always stop the action.

[MrsMonkey]

I've looked up the template for Data Protection Act Non-Compliance - Particulars of Claim.

 

It has a section to enter a cost to cover damages and distress.

 

What sort of cost do I put in here?

 

God I'm confused..

[livelylad]

I've looked up the template for Data Protection Act Non-Compliance - Particulars of Claim.

 

It has a section to enter a cost to cover damages and distress.

 

What sort of cost do I put in here?

 

God I'm confused..

 

Hi this is a tough one i guess it is up to you really as to how much you think. Sorry not to be able to give you a figure.

[alanfromderby]

For the damages you can include the amount of extra postage/ink/paper, and any other quantifiable cost, that their non-compliance has caused. On my claims it was a token figure of £5.

 

A distress claim is best avoided as you would need to provide evidence of that distress. This would probably mean a medical report of some sort, to prove that you had suffered from the stress and anxiety.

 

As you have had the telephone conversation and effectively given them another 7 days, my feeling is that you should allow them that time. I would also send them a letter reiterating what was said on the phone, and informing them that unless they comply you will issue a claim at 12 noon, on ??/??/??, at ???? County Court.

[livelylad]

Thanks for clarification Alan.

[MrsMonkey]

What a star!

 

Thanks for your help, Alan - gratefully received.

 

I will wait until next week then and see what happens...

 

I'm like a dog with a bone when I get started . You're not stepping on this minnow Mr Halifax!!

 

MrsMonkey x