Stevens V Halifax

[Janinestevens]

I sent my DPA letter to the bank on the 8th of September they cashed my cheque on the 26th of September when is my 40 days up?

 

Thanks

[Guest bluecloud]

Friday 20th October.

 

If you sent the letter on the 8th and have proof of posting then the count starts two days afterwards.

 

Weekends and bank holidays ARE counted in the 40.

 

If you haven't heard anything yet then it would be worth giving the Data Protection Team a ring.

 

 

Miss L. Lumb or Julie O'Donnell or Helen Southern

Data Protection Consultant

Retail Business Risk

 

Direct Line: 01422 332991

Fax No: 01422 394512

[Janinestevens]

I've just rang the Halifax telephone banking to find out what was happening with my statements and a very polite man on the phone told me he couldn't see any notes on my account requesting the statements... hmm.. But then he ordered my statements there and then and and has requested them from today going back six year for me this is great got another 2 charges this month already..

 

Maybe I could have requested my statements over the phone in the first place and asked him to take the money directly from my account, could be worth someone trying this and also sending a backup letter.

 

I'll keep you all posted as he said they should be with me anytime from 3 to 5 days, one thing did worry me he asked me if I'd sent them a cheque for £5 with the letter I said i'd sent one for £10 and you've cashed it... making me think is the halifax doing me out of £5....!!!!

 

Nearly one step closer, fingers crossed.

[bearo]

Halifax sometimes do it for £5 but you are better to do what you did and sent the requested £10 under the data protection act, you simply followed procedure, it is reclaimable anyway at small claims stage!!

[Janinestevens]

My statements are due to arrive in upto 5 days but I have no idea on what to do next I know I need to highlight all the charges but then what do I do with it?

 

Janine

[Springer]

You go on the simple spreadsheet in the Templates Library and add the dates and the charges on there. (The description on Halifax Statements is usually 'Charges as Notified) Hide or delete the 8% interest columns, you only claim this at the court stage. Then fill in the Prelimninary request for payment letter, again in the Templates Library and post the letter and the sharges spreadsheet off together. This will give them 14 days to reply. Once these 14 days are up, the next stage is the letter before action, again in the templates Library which is send with another copy of your charges spreadsheet.

 

I would recommed having a good look at all the letters in the library and the FAQs, as they do help the whole process to make more sense and give you a good understanding of what you are doing.

 

xoxoxox

[Janinestevens]

Help, not impressed at all.Statements have arrived today just been working out my charges and on triple checking I noticed a problem on the 18 Jan 2001 Account Renewed - the next entry is17 Dec 2002 Account Renewed I have a whole year missing I've just rang Halifax and got a very rude lady saying she could not go that far back into my account so she would have to order my statements I explained that the 40 days are up on Friday and that I thought it would say the same on the new statements once they arrive. She said they arrive when they do and that I can only wait and see what they say..Makes me so mad..Any Ideas on what I should do could I send a letter with my spreadsheet saying that I also want any charges incurred during the above dates adding onto this. I'm eagar to get this sorted feels like I have been messed around already and I'm only on the first stage.Thanks

[Guest bluecloud]

Don't be too hasty, patience is a virtue (and also means that a Judge will be more sympathetic if the time comes).

 

The Halifax may be responding in their usual slow way and you could find that the missing statements arrive on the 40th day. They're getting very good at that.

 

If you don't get the missing statements then you should send the DPA version of the LBA. In effect what you are doing is telling the bank to send the statements of you'll take them to court for the information. I know it's an absolute crock of smelly stuff that the bank gets, in effect, 47 days to comply but that's how our legal system works. You WILL get your statements very soon. And you should still have enough time left to get the outstanding money into your account before Christmas.

 

Hang on in there for now, after all, good things come to those who wait.

 

 

.

[Janinestevens]

Thanks for that, their 40 days are up tomorrow so I'm just getting the LBA letter together to post tomorrow, So I'll wait another 7 days for my missing statements. What happens if these don't arrive then?

 

Thanks

Janine

[Janinestevens]

Sorry forgot to ask : are the only things I add to the spreadsheet and whats the best address to send my LBA to?

 

Thanks Again

Janine

[Guest bluecloud]

You file a claim at you County Court and the Judge orders the bank to disclose the information.

 

Whilst that may sound like it will cause a delay (okay so it does cause another delay) it will work massively in your favour should the claim go to court. The bank will be seen as deliberately obstuctive and the judge will be very unsympathetic towards them which assists you.

 

Picture the scenario.

 

BanksLawyer: "Your Honour, in light of the information passed to us by the Claimant earlier this week, we would like to request that you grant us time to analyse the said information and to allow us to reconsider our position. Would your Honour consider allowing a further 2 weeks to prepare."

 

Judge (from Newcastle): "Haddaway-an-shyte. Yees had fookin months man. Get yer-sell in order and pay the poor beggar yees screwed for the last 6 years. An while yer attit bonnie lad tell that Chairman-lad I wanna see him in ma chaymbers tomorra mornin. He'll need a toothbrush and preparation H. Aboot 3 months supply should dee it."

 

(Apologies to all Geordies for the accent but I just had a strong mental image of Biffa Bacon in a wig and robes.)

 

 

.

[Janinestevens]

Thanks that put a smile on my face reading your reply.

:lol: :lol:

[Janinestevens]

Now after the funnies, whats the best address to send my letter to?

 

Thanks

[Guest bluecloud]

Miss L. Lumb

Data Protection Consultant

HBOS plc

Trinity Road

Halifax plc

HX1 2RG

 

 

(the scarey bit of that address is it's from memory - I need to get a life )

 

 

.

[Janinestevens]

HI letter just been posted Recorded Delivery as the 40 days are no up, I'll keep you posted.

[birdyboy]

 

Picture the scenario.

 

BanksLawyer: "Your Honour, in light of the information passed to us by the Claimant earlier this week, we would like to request that you grant us time to analyse the said information and to allow us to reconsider our position. Would your Honour consider allowing a further 2 weeks to prepare."

 

Judge (from Newcastle): "Haddaway-an-shyte. Yees had fookin months man. Get yer-sell in order and pay the poor beggar yees screwed for the last 6 years. An while yer attit bonnie lad tell that Chairman-lad I wanna see him in ma chaymbers tomorra mornin. He'll need a toothbrush and preparation H. Aboot 3 months supply should dee it."

 

That was so Hilarious!!! Im still laughing now!

 

Im getting funny looks at work now!! :-|

 

LMAO, good one!

[Janinestevens]

Guess what statement arrived this morning still with two years worth of transations missing, I telephoned then and he said it would take upto 7 days for me to get the missing information.

 

Advice please, 7 days is up on Sunday for LBA Data Protection act letter what do I do now?

 

Thanks

Janine

[Guest bluecloud]

It might be worth ringing them again today.

 

1. It shows them that you won't be fobbed off.

 

2. It gives you the chance to remind them that "In accordance with my statutory request and my final written warning, if the requested information is not recieved before the 29th October then a County Court claim will be issued on Monday morning."

 

3. It lets you see how they like getting several calls about a "debt".

 

BTW, who did you call?

 

If you tried customer services then try the data protection team.

 

Apparently this lady is a worth nudging too:

 

Ms. Rachel Hinchliffe

HBOS PLC

Legal Services - Retail Division

Trinity Road

Halifax

West Yorkshire

HX1 2RG

01422 391096

Fax: 01422 333453

Email: rachelhinchliffe@HBOSplc.com

 

 

.

[Janinestevens]

Hi, I've emailed the lady above with the specifics and put a read reciept on it. I rang the online banking yesterday. If the information is not received what do I need to do next?

[Janinestevens]

Telephoned Rachel Hinchliffe this morning her voice mail says shes out of the office till 9th of November.

 

Got a standard letter this morning saying if I want the information requested I have to pay £5, just on the phone now to the business centre regarding this i'm getting p***ed off now.

 

Just been told I may not get my missing information as a few customers have had similar problems when accounts have been archived, she adviced me to put a complaint letter in.

 

Can you tell me which letter I need to send now LBA Data protection letter was sent 20th October 7 days are up on the 29th.

 

Thanks

Janine

[Guest bluecloud]

I love the excuse about accounts being archived. Do the banks not realise that the current version of the Data Protection Act refers to manually kept records as well as computer based records. The Abbey has recently discovered that microfiche is a "relevant filing system" so why would any other bank want to assume otherwise.

 

As long as you have followed the correct timescale i.e. 40 days for the S.A.R - (Subject Access Request) and 7 days for the non-compliance version of the LBA then you should procede with a claim.

 

It doesn't hurt to prepare the claim beforehand but make sure you don't file until the day after the deadline i.e. 31st (come to think of it filing a claim on halloween sounds quite scary, especially for the bank ) after all they may well pull the proverbial white rabbit out of the hat on the last day.

 

You can find more information here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html#post39317

 

Hope this helps.

 

 

.

[Janinestevens]

Hi today I should be filing a claim regarding not getting my statements, I think I'm having a really blonde day I can't work out what I need to do would some kind person take me through this step by step and also do I have to pay for this bit?

 

Thanks

Janine

[Janinestevens]

Hi all just to keep you all posted on my very long adventure into claiming my bank charges back.

 

8th September - Letter posted for my statements including £10 cheque

 

26th September - Cheque cashed

 

13th October - Telephone Halifax for an update informed that there was no request on the system but they would post my statements out to me within 7 days

 

18th October - Statements Received - THE START OF THE LONG ADVENTURE

 

Having looked through my statements and calculating my charges I notice I have 2 years worth of statements missing dating from 18th January 2001 to 17th December 2002 both dates said Account Renewed. I telephone the Halifax and requested my missing statements and the next day sent a Letter before Action due to the 40 days being up.

 

19th October - 40 Days Up

 

20th October - LBA letter sent

 

24th October - Statements Received but still had the missing information not included.

 

25th October - Emailed Rachel Hinchliffe to find out what was happening and again request my missing information.

 

25th October - Rang telephone banking and again requested missing information was again informed it will take upto 7 days.

 

29th October - LBA 7 days are up.

 

30th October - Standard letter received from Halifax saying I needed to pay £5 for this information, so yet again I rang and explained the above and requested missing information.

 

31st October - Full statements arrive - Still not included my missing information

 

1st November - Full Statements arrive - Still information missing.

 

2nd November - Contemplating giving this up.....

 

So here I am today I've emailed Kelly Duffy this morning explained the above and given her until monday before I start Court Action against the Halifax for my missing information. I'm now really P****d off with this and I'm delaying Court Action as I'm not too sure on what to do so any advice would be greatful.

 

Thanks

Janine

[nathal]

if you havent got your statements, estimate the charges and go to court

halifax might get them then

[nathal]

btw, what did u put on prelim and lba