40 day deadline up!!!

[e17tintin]

Hi there,i havent used my Halifax account in 2 years.Basically after requesting my account history from them im informed that a credit agency are now handling my account.Now today the agency confirmed that they would request my statements on my behalf..my question is this...when i do get the statements(which i know have loads of charges on the account,this being the reason i had to walk away from the account) do i then send the request for a refund to them or Halifax?Thing is my accounts no longer on Halifax database...Grateful for any advice please.Thanks.

[Guest bluecloud]

It doesn't matter if a credit agency are looking after your account.

 

YOU are the one that needs to pursue the Halifax. The charges were applied when you were in control of the account. If you let the agency pursue the Halifax, then the agency can legitimately charge you for the "service".

 

If you have sent a DPA SAR to the Halifax then the Halifax are still required by law to fulfil the SAR as the information relates to the person making the request.

 

If you haven't sent a SAR then do so as soon as possible. Not forgetting the £10.

 

If the Halifax give you the same excuse then just file a claim with your County Court. There are plenty of posts on this site that tell you how to do this.

 

Once you get the list of transactions, or more likely a huge statement, then you can follow the procedure like anyone else.

 

I have a Halifax CC that is with Blair, Oliver & Scott, I'm still going to claim back the charges.

 

If the credit agency you are with is a HBOS subsiduary then there is a good chance that the charges will be refunded directly to them, if the debt was sold to another company then you can pay off the debt in full if you wish.

 

As the Halifax have passed the debt on, there is a strong possibility that there will be a bank default entered on their register. As part of the preliminary letter and the LBA you can insert paragraphs that tell the bank to remove the default under the DPA as the default was probably added due to the charges. Jonni2bad is in the process of going to court over this - I think he's due to go on the 19th November.

 

Whatever happens, do not let the Halifax decide what you do and when you do it.

 

 

.

[e17tintin]

Bluecloud,thankyou for taking the time to respond.My account is also with Blair,Oliver and Scott.I have already sent them an S.A.R. on the 6th September with the 10 pound fee,im just concerened that if there is no record on the Halifax database that it will be overlooked.Blair and Co informed me yesterday that a default notice has been applied to my credit record (purely because of charges) which infuriates me therefore i think that this case is going to be more complicated.Halifax have untill next week to send my statements,if they fail to comply can you recommend the next letter that I should send please.Thankyou again!

[bearo]

If they fail you send the letter of non - compliance it's in the library section, also you have a case if your default has been applied solely due to your charges, your letter templates will include a paragraph about defaults which most people omit as they dont need it but you can fight under the one claim for both default and charges!

Any help req please ask!

Sharon

[e17tintin]

Shaz thankyou ,thats the peice of info that i needed..will keep you posted!Thanks again!!

[e17tintin]

bit confused as Halifax have had their 40 day deadline to produce my statements...what do i do from here folks????please help,thanks.

[Angi]

Hiya

Heres what you have to do, this is copied from the Library -

• If the bank fails to supply you with your data then you should complain to the bank. Give them 7 days to comply and tell them that you will begin a complaint to the Information Commissioner and also that you will begin a County Court action under the Data Protection Act.

If the bank does not respond to your 7 day warning then begin your complaint and start your action.

 

[e17tintin]

Hi there,Halifax have had their 40 days tosend out my statements and they havent.Ive looked closely at the templates again and again and Im really unsure about which one to send next to get my statements.Can anyone advise me please?Thankyou...

[BenScoobert]

This was mine

change the dates, add your acc no. and address hey presto

 

Halifax PLC

Customer Relations

PO BOX 548

Leeds

LS1 1WU

 

19/10/06

 

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

ACCOUNT NUMBER:

 

You have failed to comply with my Data Protection Act Subject Access Request dated (05/09/2006).

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

Yours faithfully,

[e17tintin]

they had their timescale and havent even responded..halifax seem to be very unperplexed by these templates ...but ive given them 7 days of im applying through the courts to obtain my statements.What shall i do if they ignore this letter too.?

[maddyrose1664]

Try ringing them. I found them to be extremely helpful over the phone and my statements arrived within a couple of days.

[wandererpaul]

also email them. i did a couple of weeks ago and today got a special delivery acknowledeging my SAR and that the staements will be forwarded to me shortly. Get calling or emailing !!

[libby1711]

also email them. i did a couple of weeks ago and today got a special delivery acknowledeging my SAR and that the staements will be forwarded to me shortly. Get calling or emailing !!

 

Could i ask what E-mail address you used to E-mail them cause i have rang them every day for a week and all they keep saying is that the statements are on the way.

Many thanks

Libby

[wandererpaul]

Could i ask what E-mail address you used to E-mail them cause i have rang them every day for a week and all they keep saying is that the statements are on the way.

 

Many thanks

 

Libby

 

 

hi, i used this email address

[email protected]

 

there is also this guy who sent me a special delivery letter confirming delivery of statements would be soon.

 

[email protected]

 

hope it goes ok.

 

i received all 150 pages this morning !!! found several which i missed off so i'm in process of sending the prelim.

[doinmaheadin]

Hi

 

They went past my 40 deadline too I gave them an extra couple of days then sent the non compliance LBA then followed up with a phone call 48 hours before that ran out just to give them a nudge and got my statements the following day they arrived special delivery

[e17tintin]

Hello folks,Halifax have not replied to my 40 days request for statements or a LBA.Ive clicked on the Information Commisioner section and after reading everything,im totally confused on "how" to report Halifax.Any advice greatly appreciated.Thankyou

[nathal]

did u ring /email or write to halifax to remind them

also is the cheque/postal order cashed

[Bookworm]

4 threads merged, please stay on one thread per claim.