Ben vs Halifax.....NO RESPONSE!

[chelleapps]

Hi all, need a bit of advice.

 

Has anyone else found that getting bank statements out of Halifax is like getting blood from a stone....?

 

THE STORY SO FAR.....

 

Wrote Subject Access Request on 18th July 2006.

 

Received letter from Halifax 21st August 2006 apologising that 'you feel you've had to make a complaint (I only asked for a list of charges at this stage!), and given the nature of the complaint your letter will be passed to the customer services dept who will contact you and deal with the complaint henceforth. If I do not hear from you in the next 8 weeks I will assume you are happy with this response'.

 

Not wanting to take any chances, I wrote back on 23rd August 2006 and asked again for the list of charges, as I wasn't sure whether I was actually going to get them or not.

 

Its now 13th October and I haven't heard a peep from Halifax, neither my local branch, where I sent both my letters, or the customer services dept it was being referred to.

 

Question is what do I do now? They've breached the DPA rules by not furnishing me with the info within 40 days, but how can I proceed further when I don't know how much i'm claiming yet? Has anyone else reported a bank to the Information Commissioner for a breach of the act and if so what was involved?

 

Any advice is very gratefully received!

[Boobaby]

Hi all, need a bit of advice.

 

 

Question is what do I do now? They've breached the Data Protection Act rules by not furnishing me with the info within 40 days, but how can I proceed further when I don't know how much i'm claiming yet? Has anyone else reported a bank to the Information Commissioner for a breach of the act and if so what was involved?

 

Any advice is very gratefully received!

 

Go to the following - will give you loads of advice and template letters to assist you with your next step.

 

Consumer Action Group > Libraries - bank charges materials and other issues > Bank Templates Library Data Protection Act - Non-Compliance - Template Letters

 

Hope this helps

[chelleapps]

Thanks! I'll update the thread when I finally receive a response!!

[chelleapps]

Ok 9 days have past (after allowing 7 to comply with data protection act), I know they've received letters as used recorded delivery and track and trace service to check. Do I just fill in my Moneyclaim now? Never got this far before!

[Spuddy]

shouldn't be raising a claim yet. I'm yet to see that you've received a full set of transactions and charges. Do you know exactly what is owed? Have you sent a prelim letter, letter before action? Have you notified Halifax of how much they owe you and you intend to claim it back?

 

I think you may be jumping the gun somewhat. Take time to read the FAQs, use the templates and avoid dealing with a local branch. Correspondence is better written to head office.

[robinson-clan]

Hi

 

Try calling halifax on their normal number 08457 203040 and asking for them over the phone, I did this had to argue the toss for a while but got there in the end they only charge £5 for any amount of statements, I got mine back within 7 days.

 

Also I then sent my Prelim letter to Halifax PLC, PO Box 548, Leeds, LS1 1WU.

 

Don't forget to send anything that you do send to them by recorded delivery.

 

I got my reply from this within 5 days, with an offer of a third of what I am claiming, but I now have a name to go with the letters so all letters from now on will be going to a Doreen Johnson, Review Manager at the Halifax PLC, Leeds.

 

Hope this helps.

 

Good luck ;-)

 

robinson-clan

[chelleapps]

Thanks, I'll try and answer all the questions, most of the questions I had already answered in my previous posts on this thread. I've written SAR weeks ago (18th July) but don't know how much in charges they owe me as i've never received anything, so I couldn't send a prelim as I had no idea how much to claim. As per advice from Boobaby (above) I wrote an LBA (as per templates) requesting that they furnish me with the information within 7 days, as they have breached the DPA 40-day rule, else I would take action against them. This seven days has now passed. I've sent everything recorded delivery and have proof of delivery as well, from the Royal Mail website. I need to know what action to take from this point as I can't afford to get it wrong! Thank you

[morgan054]

If your 7 days has passed with the LBA for Data Protection Act non compliance then you need to issue them with an N1, they are useless with the statement issue, you could try and email mailto:[email protected] first and explain that if you dont get a response you will immediately file in County Court.

 

Read my thread http://www.consumeractiongroup.co.uk/forum/halifax-bank/10610-morgan054-halifax.html as i went throught the same thing

 

Best of Luck

[robinson-clan]

Hi Ben

 

I still think you should call them if you are getting no joy with your letters. As I did, it was quicker and they took the £5 charge for 4 years statements straight from my account.

 

Regards

[chelleapps]

Ok thanks all I will try phoning them and see if I get any joy first, would rather try this first than go down the legal route. Will update soon.

[sea-sidelady]

did they cash ur cheque

[chelleapps]

I've checked my statements online and they haven't cashed the cheque. Could my request have been lost in their system somewhere? I know they received it as it was sent recorded delivery.

[Guest bluecloud]

It doesn't matter a jot whether the cheque has been cashed.

 

You have sent the SAR and they have failed to comply. You have proof that the letter was received.

 

You have sent a DPA non-compliance LBA and they have still failed to comply.

 

It's now time to file your N1 at court. Look at the following link:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

It tells you how to complete the N1 based on non-compliance. You may not get much of a financial award but you will get the filing fee back. As far as I can remember, the fee is £30. If the bank have cashed your cheque then you can claim this back.

 

Should your "main" claim proceed in the same vein, then you would have proof that the bank were being deliverately disruptive and that really doesn't look good for them.

 

 

.

[nikkiandmidgets]

I'm going through the same thing with Halifax although they sent letters to me for my BOS and Halifax accts saying they were being sent under separate cover. My mum got the same for her halifax acct. Received some BOS dating up to 2004 but none from Halifax. I have emailed Kelly Duffus at Halifax as that seemed to work for Aaronsdad so am giving them a couple of extra days before I send off the LBA's. Hopefully they will pull their finger out as lots on at home just now as am starting back at work part time after maternity leave on 13th and still to finalise childcare and transportation! Plus all my other claims that are ongoing. I sent my BOS letters to Rosyth and my Halifax ones to Halifax and received all letters re. SAR's from Halifax office. They really are appaling though.

[chelleapps]

HOORAY!

 

Finally received statements! Great big envelope for me to sift through, kept me busy for most of yesterday evening anyway. Worked out the charges so sending Prelim letter tomorrow.

[millymollymoo]

Hi chelleapps congratulations on receiving your statements. However, how did you get them in the end. Did you have to file a N1? Good luck anyway with your claim:)

[sea-sidelady]

Have you heard back from them yet????

[chelleapps]

Hi sorry been offline for a bit, didn't have to file an N1 I just telephoned them and asked if they had sent them yet, they apologised and said they would send them straight away. They sent me two lots in the end!!

 

I've sent the Prelim off a bit later than i'd planned - Wednesday 13th Dec! Not very organised with Xmas to contend with as well. I'll update when I hear anything!

[chelleapps]

Well I received an offer of £260 a couple of weeks ago at long last....turned that down and today received an offer for £401 in full and final settlement, thats what I claimed so i've got it all back without having to go through the courts so i'm pleased about that!