Halifax Liquid Gold Account 1998 Terms and Conditions needed.

[Jackie1234]

Hello, can anyone who had one of these Halifax Liquid Gold Accounts in 1998 or at least knows anything about those 1998 terms and conditions help.

 

I believe, in 1998, that joint Halifax Liquid Gold account holders had to all attend the bank and sign a counter mandate, in the presence of the Bank Clerk, to make a withdrawal but unfortunately no longer have written proof of this.

 

Having read on this forum that at least two other people had problems with getting their money out of one of these accounts in 1998 (posted in 2006) because of this very same condition, I decided to post this thread.

 

The Halifax, unhelpfully, have advised me they no longer have copies of their 1998 Terms and Conditions and therefore cannot provied me with any information on this matter.

 

I desparately need to locate these old Halifax Liquid Gold Joint Account Terms and Conditions in order to defend a Court Action being brought against me and hope someone reading this may be able to help.

 

I am very new to communicating via Forums but many thanks to all you people out there and to the CAG.

[citizenB]

Is it Halifax who is bringing the court claim against you ? And for what reason.

[Jackie1234]

Thank you.

Sorry, No it isn't the Halifax bringing the claim against me. It's the other person named on the Halifax Liquid Gold Account who is claiming I made a withdrawal in 1998 without their knowledge. I dispute this strongly and it would help my defence if I can produce evidence, to show, that such a transaction would not have been sanctioned by the Halifax without the other persons attendance at the bank to give their signature.

 

Yesterday I saw a thread on this forum dated 2006 from a girl whose Mum had one of these accounts with a work colleague who became too ill to attend the bank. This Halifax clause prevented the girl's Mum from making a withdrawal in 1998 (even though she had a letter from her colleague saying she could) and the Halifax had kept her Mum's (works) money.

 

As I'm so new to this site I don't know how or if I am allowed to contact that person and just hoped beyond hope that someone else would know something that might help.

[citizenB]

Sadly you dont have sufficient privilige to contact anyone at this time However, if you would like for me to send a message for you, please say and I will - you had best let me know who the other user is as well in order for me to do this:) .

 

I am very surprised that Halifax wouldnt have a copy of their terms and contract from that far back if only for their own records!. I will also flag your thread for others on the site team see if they have any advice for you.

[Jackie1234]

OMG how kind of you to offer to help, thank you so much.

 

I really appreciate your offer and would be delighted if you are able, on my behalf, to contact the user who posted the reply I mentioned. The details you asked for are as follows:

 

The thread appears under "The Consumer Forums" "Bank and Finance Subforums" "Halifax Bank and Bank of Scotland" "Banks, Loans & Credit" and is titled "can they do this is it legal" and appears to have been started on 28/08/2006 at 14:27 by user Kayjay who also seems to have encountered the need for two signatures being required to make a withdrawal from a joint Halifax Liquid Gold Account in 1998.

 

However it was a reply to Kayjay's thread from user wxantia dated 24th September 2006 at 23:08 which I read yesterday that prompted me to join in this forum.

 

With regard to why the Halifax are unable to provide the information I require; their letter says they no longer have any details of the Terms and Conditions relating to the Halifax Liquid Gold for 1998 and cannot say whether or not all signatories had to attend at the bank to authorise a withdrawal.

 

The post from wxantia seems to suggest, the Halifax prevented her mum from accessing money she held in a joint Liquid Gold Account because it was a condition in 1998 that all signatories had to actuallly attend at the bank to authorise a withdrawal, consequently because her mum couldn't comply with this conditon the Halifax retained the money in that account.

 

I genuinely remember it was a condition in 1998 and although my case is different to wxantia's mum and I think the bank treated her very unfairly I am hopeful this lady may hold some information from the bank which she could share with me.

 

I know this is supposed to be a quick reply but can I just say that you will never know how grateful I am for your offer of help, especially today being Christmas Eve . Thank you so much.

[citizenB]

No problem, I will get a message off for you right now

[IdaInFife]

It wasn't actually halifax back them was it?

 

I still have this account but back then it was another bank that halifax took over

 

does this ring a bell?

[citizenB]

I am just thinking aloud here..

 

The person who is bringing the claim against you will have to have proof that you did indeed make a withdrawal, have you been provided with all the information they have ?

 

Whatever they have mentioned on their particulars of claim, you can request.

 

I think you would probably do this using CPR31.14 or CPR part 18 where a document hasnt been mentioned.. but on which you require information. If you need help doing this, just ask and we can help you format the requests.

 

I have found this document online - apparently the terms and conditions apply to all Halifax accounts up to and including 2011.

 

On page 33 for Joint accounts.. this is stated..

 

16.3 We may agree with you that we can

accept the instructions or signature of any

one of you (or a set number of you if

more than two people invest in a joint

account). Otherwise, we will only accept

the instructions or signatures of all of you

 

(for example, to make a

withdrawal or to

 

close your account).

 

 

[ATTACH=CONFIG]40187[/ATTACH]

 

I have sent a message to wxantia ,please understand that this user has not been on the forum since 2007 - they might well have changed their notification/registration email address. Hopefully this is not the case here.

[citizenB]

If there were no cards issued on the account - then it will because all the parties to the account would need to sign/be present to withdraw funds.

[Jackie1234]

Thank you citizenb and IdaInFife.

 

My head is buzzing now having read your latest posts and I've got all sorts going on in there.

 

I must make an effort to go to bed as I need to at least try to look bright and interested tomorrow, for the family Christmas day dinner, however I cannot do that until I have said a massive thank you once again for being so kind and to also say Bless You for taking so much time to help me sleep a little bit better tonight.

 

Citizenb - Thank you for trying to contact wxantia. (Fingers crossed)

 

I'm amazed - The information you found so quickly ref all Halifax accounts upto 2011 is very, very, helpful and I shall try to request this from the Halifax or download it from their site (if I can find it on there).

 

There were no cards issued on the account I held with the other person, we had to both go to the bank together to make withdrawals.

 

Is the information you quoted "If there were no cards issued on the account - then it will be because all parties to the account would need to sign/be present to withdraw funds" also on the Halifax website?

 

The amount in question was actually paid from the account by a bank cheque. which I acknowledged at a previous unrelated hearing. I never suspected the other party would suggest (5 years after that hearing) that they didn't authorise or know about that withdrawal in 1998.

 

The other party is relying on the fact that I acknowledge the withdrawal in my evidence (5 years ago) and not on any other proof in their Particulars of Claim so far.

 

Would I be able to ask the other party under CPR's to produce their evidence (from the Halifax) to support what they are saying, as against me trying to find the evidence to prove that we both had to sign?????

 

IdaInFife - thank you too. The bell did ring and I have some recollection now that the Liquid Gold Account may have been opened with what was then either the Leeds, the Holbeck or a combination of Leeds & Holbeck Building Society.

 

Once again thank you, to both of you and the CAG. Best wishes for Christmas

[IdaInFife]

Leeds

[citizenB]

The information I found is in the pdf that I downloaded from internet, whether it is on the Halifax Website I dont know.

 

If you could let us know what the opposition say in their Particulars of Claim, then we can advise what you can ask for by way of CPR31.14 and what you would need to request by CPR 18. If you are concerned about posting on the main forum - then send it to me or any other Site team member by way of private message and we can sort it from there for you. You are able to contact site team by private message.

[Jackie1234]

Citizenb,

 

Thank you for your help and the suggestions given in your post early on Christmas morning.

I have felt so guilty about intruding on anyone over the Christmas period that I have deliberately stopped myself from replying until now.

 

However I have been busy. I have prepared an SAR for the Halifax which will be sent Recorded Delivery tomorrow and l have looked (for hours) at the CPR's you referred to in an ealier post.

 

As you realised the Claimant's Particulars of Claim are not something which I would wish to highlight (at this time) on the open forum and although I have been helped because others have shared their experiences on the CAG forums, now is not quite the right time for me to divulge that information publicly.

 

However if you see this post and say ok, then I would like to take up your offer to PM you so that I can explain in more detail the claim being brought against me (and others).

 

Thank you

Edited January 1, 2013 by Jackie1234
spelling correction/additional word

[citizenB]

OK

 

If you would like to private message.. that is no problem.

[Jackie1234]

Citizenb

 

Sorry I know I asked if I could send a pm - but what do I have to do to achieve that????

 

I've had two attempts and checked my sent message box but nothing shows.

[citizenB]

Oh.. ok.. I will send you a private message.. see if you can respond to it. If not, I will have a look at your account and see if there is a problem.

[Jackie1234]

Citizenb

 

Thanks for the help, I have responded as you suggested so hopefully will be able to private message you the contents of the Particulars of Claim.

 

However just to keep yourself and others on the forum informed, the opposition draft directions that were enclosed with their latest Allocation Questionnaire suggested Standard Disclosure by List to take place no later than 15th February 2013.

 

With this in mind a Subject Accress Request was sent to the Halifax yesterday via Recorded guaranteed next day delivery and every bit of information I found on the CAG forums was used to prepare that request.

 

I used the SAR template suggestions on the forums, to base the body of the request and took note of all the advice given on the forums re: attempting to get the request actioned quickly and in line with the DATA Protection Act.

 

I enclosed a cheque for £10.00 wrote on the back of the cheque it had to be used by Halifax for SAR purposes only and said if I didn't hear from them by 15th January I would assume the request met their requirements, the cheque had been cashed and the SAR reply timescale of 40 days had begun.

 

However having spent hours on the CAG forums trying to figure out which user got the best/most complete/quickest response to an SAR I came to the conclusion that Halifax plc and banks in general deliberately make life very difficult for the average customer to get their Subject Access Request to the right department at the first attempt.

 

In the end I sent my SAR by the method mentioned earlier addressed to Sir James Crosby, CEO Halifax Group Limited, Halifax Plc, Trinity Road, Halifax, HX1 2RG with a request within the letter for Sir James Crosby to kindly forward the request, through those means available to him, to the correct recipient department in order to enable his organisation to comply quickly with Statute Law contained within the U.K. Data Protection Act.

 

Fingers crossed but don't hold your breath

[citizenB]

Excellent, it would be brilliant if Sir James Crosby felt it necessary to ask why people are sending mail direct to him and why arent they dealing with this type of enquiry promptly. I look forward to any updates

[dx100uk]

can you please scan up the n1 claim form

 

follow these instructios:

 

make SURE you remove aNYTHING that can ID you.

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[Jackie1234]

dx100uk

 

Thanks for your post - Unfortunately I'm not very tech savvy and am unable to action your request. Is it possible for you to contact citizenB (a site team member who knows my case) for a bit of an update on my position?

 

Thanks very much

 

 

 

.

Edited January 7, 2013 by Jackie1234
deletion of extra word

[Jackie1234]

This post is to just say thank you to all the good folk who share their information on these forums.

 

I sent a SAR, by Guaranteed Next Day Delivery, on 2nd Jan 2013, to Sir James Crosby, Chief Executive Officer, Halifax Group Limited, Halifax Plc, Trinity Road, Halifax HX1 2RG and have received a reply today saying they will provide the Subject Data by 12th February 2013 under the 40 day rule

 

 

I was really surprised to hear back so quickly but without all of you sharing your experiences (that I read, read and read again) I doubt I would have known how to make the SAR.

 

I definitely could not have covered all the points I made in the letter including (importantly) those that helped me pre-empt all the delaying tactics these big organisations practice when faced with a SAR.

 

I know (one swallow doesn't make a summer) so will post an update whether or not the end product arrives but in between times thanks again all caggers and all CAG site team members.

Edited January 14, 2013 by Jackie1234
spelling correction

[citizenB]

Excellent news - time is already moving at warp speed so the due date will soon be here