Jo06 v Halifax

[Jo06]

Hi all,

I sent a SAR letter to Halifax bank which was dated 19 Sept 06. I received a letter from them yesterday (03 Nov 06) which was dated 02 Nov 06 which means that from the date of my SAR request letter to them until yesterday (03 Nov) when I received the letter from them, they had breached the 40 day deadline by 5 days.

On top of that I have not yet received my statements!

 

The first 2 paragraphs of their letter to me reads:

 

Thank you for your letter requesting specific information on your accounts with us. I can confirm that copies of duplicate statements have been ordered and will be sent under separate cover.

With regard to your request for information relating to manual intervention on your account, HBOS plc is under no statutory obligation to record this information and therefore, I am unable to assist further with your request.

 

The letter is signed: Ken Patton, Data Protection Consultant, Business Risk - Retail.

 

Unfortunately I have been ill recently and that is why I did not chase them up regarding my SAR request. But I'm fine now and ready to take them on!

 

Do I now report them to the information commissioner as not only have they breached the 40 day deadline but they have not sent me my statements either.

Also, is it right what they about recording manual intervention information? I find that hard to believe!

 

I would really appreciate any advice as I am a newbie to this but I'm raring to go!!

 

[Jo06]

Hi all,

I sent a SAR letter to Halifax bank which was dated 19 Sept 06. I received a letter from them yesterday (03 Nov 06) which was dated 02 Nov 06 which means that from the date of my SAR request letter to them until yesterday (03 Nov) when I received the letter from them, they had breached the 40 day deadline by 5 days.

On top of that I have not yet received my statements!

 

The first 2 paragraphs of their letter to me reads:

 

Thank you for your letter requesting specific information on your accounts with us. I can confirm that copies of duplicate statements have been ordered and will be sent under separate cover.

With regard to your request for information relating to manual intervention on your account, HBOS plc is under no statutory obligation to record this information and therefore, I am unable to assist further with your request.

 

The letter is signed: Ken Patton, Data Protection Consultant, Business Risk - Retail.

 

Unfortunately I have been ill recently and that is why I did not chase them up regarding my SAR request. But I'm fine now and ready to take them on!

 

Do I now report them to the information commissioner as not only have they breached the 40 day deadline but they have not sent me my statements either.

Also, is it right what they about recording manual intervention information? I find that hard to believe!

 

I would really appreciate any advice as I am a newbie to this but I'm raring to go!!

[Jo06]

Hi all,

I sent a S.A.R - (Subject Access Request) letter to Halifax bank which was dated 19 Sept 06. I received a letter from them yesterday (03 Nov 06) which was dated 02 Nov 06 which means that from the date of my SAR request letter to them until yesterday (03 Nov) when I received the letter from them, they had breached the 40 day deadline by 5 days.

On top of that I have not yet received my statements!

 

The first 2 paragraphs of their letter to me reads:

 

Thank you for your letter requesting specific information on your accounts with us. I can confirm that copies of duplicate statements have been ordered and will be sent under separate cover.

With regard to your request for information relating to manual intervention on your account, HBOS plc is under no statutory obligation to record this information and therefore, I am unable to assist further with your request.

 

The letter is signed: Ken Patton, Data Protection Consultant, Business Risk - Retail.

 

Unfortunately I have been ill recently and that is why I did not chase them up regarding my SAR request. But I'm fine now and ready to take them on!

 

Do I now report them to the information commissioner as not only have they breached the 40 day deadline but they have not sent me my statements either.

Also, is it right what they about recording manual intervention information? I find that hard to believe!

 

I would really appreciate any advice as I am a newbie to this but I'm raring to go!!

[bearo]

Okay you need to send your letter of non compliance from the templates section to the bank (where your sar request was) you also need to go here ICO – Information Commissioner's Office and report them to the Imformation Commisioner.

 

The bit about manual intervention is standard, we all get it, they have been given an opportunity to reveal it and have choose not to which is all good news......so get your letter done and in the post....

[bearo]

4 threads merged, please stick to one per claim. Thank you .

[Jo06]

Thanks for the advice olliebear.

Sorry about the 4 threads merged, I wasn't sure how to post a new thread.

I will follow your advice and get the letter sent to them.

Thanks again!

[Jo06]

Hi all,

I received my statements from the HALIFAX this morning after they had breached the 40-day deadline. I have now checked these statements and found discrepancies.

Firstly, several statements are missing, info relating to charges that were taken from my account are not on the statements when I know they should be and also deposit that I made is not on the statements. The deposit was a lottery win of £7500 but on the statements it shows just 2 deposits of £1500 and £1000. I made just one deposit of £7500. Also, since sending the letter of non compliance to the HALIFAX when they breached the 40-day deadline, I have now discovered that my online banking account only shows 2 statements when the HALIFAX claim that "You can normally view the last 60 transactions online" and "The online statement will only show transactions since 1st February of the previous year". I have always been able to view up to 60 statements online .... until now.

The letter of non compliance was received by the HALIFAX today and obviously crossed with the statements being sent to me.

When I viewed my account online last night there was only one statement that I could view which was dated 07/11/2006. Now, assuming that they have read the letter of non compliance from me, another statement has magically appeared online, dated 07/10/2006.

Does anyone have any advice to give me as I feel that fraudulent activity has been exercised by the HALIFAX on my banking account with them.

[Number6]

If what you say is the case (and I'm not suggesting it is or isn't here) then it is a very serious matter indeed.

 

You should take steps to report your allegations to the Financial Services Authority, the Data Protection Registrar and the Information Commisioners Office.

 

You will need to be able to back up your allegations in some way with evidence.

 

Other than that, I dunno Sounds a very rum state of affairs!

 

Pete

[Mupster]

I presume the £7500 was showing on your account balance?

 

Sounds very worrying to say the least.

 

Best of luck.

[Doodee]

if i were you i would seriously get some some legal advice on this. at the moment its your word against theirs! if you can try and remember dates and times and anything on the day in question that would prove you banked this money!

good luck sweets

[Jo06]

Hi all,

Looking through my statements I realised that the charges made to my account by the Halifax were not on the statements, except for one. I have been with the Halifax since 1999 and they have made numerous charges against my accounts with them so obviously they should be showing on my statements. But I have noticed that my statements are riddled with £30 alleged cashpoint withdrawals, some up to 3 times a day, which I could not afford to do. When I do make cashpoint withdrawals it is usually £10-£20, with the odd £30 or £40. I posted a thread yesterday as there has been other suspicious discrepancies with my statements and I meant to mention this discrepancy in the same thread.

Has anyone else had this problem? I would be grateful for any advice.

[Jo06]

Hi all,

I've sent the preliminary approach for repayment letter to the Halifax and just waiting patiently for their response.

I became overdrawn by less than £10, but due to the Halifax bombarding me with charges, my account balance is now MINUS £263.16.

My question is:

When (and not if!) the Halifax pay me back, will they deduct the deficit

on my account from the money I am reclaiming from them, even though it's because of their charges that my account has this deficit? And if they do, is it legal? Sorry to be so thick!

[Springer]

I don't think they would deduct it from the amount they pay you, but they *might* pay it into your bank account and it would be swallowed up that way anyway? Could you afford for this to happen?

 

Think positively though, you WILL get your money back!!

 

If you need any more help, just post!

 

xox

[Jo06]

Hi all,

I sent the Halifax the preliminary approach for repayment letter dated 15 Nov 2006 and received a response today (23 Nov).

The response was the standard letter about “sorry you are unhappy, we will send you another standard letter within the next millenium.”

They also put on the letter that my letter to them was received at their offices on 21st Nov which I know is untrue as I sent the letter by recorded delivery and it was delivered to them on 17 Nov.

Also, I realise now that I made 2 errors on the prelim letter.

Firstly, I forgot to request that the £10 SAR fee is refunded to me and secondly, I asked them to refund me the charges which they have levied from my account over the last 3 years when I should have put 7 years. But I did enclose the schedule of charges with the letter which detailed each charge.

If I am right in assuming that the 14-day deadline begins with the date the letter was delivered, do I now wait until 1st Dec to send them the letter before action or do I send it now?

And do I ask for the £10 SAR fee?

[evanesco]

Hi,

 

It seems like we're in the same place as each other. I recieved my letter the same as you's today. And I also didn't ionclude the S.A.R. fee on my Prelim. What I'm planning to do is added when I send the L.B.A. As for the querie about the years, I would ensure that you put the right years on your L.B.A. As I understand it, it must all be qaccurate by the time you come to MCOL or filing court papers, but edits can be made at this stage.

 

HTH.

 

Evans. xox

[Jo06]

Thanks evanesco,

I appreciate your advice!

[Jo06]

Hi,

Sorry to be so dumb but I just can't figure out the spreadsheets.

I'm getting ready for court action but I have a few probs!

Firstly, my total claim is for £595 but when I put this (all the charges separately with relevant dates) on a spreadsheet it totalled £5094.63!

I am obviously doing something wrong, but what?!

I've put interest rate at 8.00% but I've left the Daily Interest Rate In Pence clear as I don't know what that is.

If anyone does know what it is, I would be eternally grateful if you would tell me!

I would also be grateful if anyone could tell me what it is that I did wrong to make £595 turn into £5094.63!

[Andrea450]

Maybe the cell that you typed in reformatted itself. You need to go into the format menu, choose cells, click on number and reset it to whatever number you want....

[Jo06]

Maybe the cell that you typed in reformatted itself. You need to go into the format menu, choose cells, click on number and reset it to whatever number you want....

Thanks for the advice Andrea, I'll do that now!

[Jo06]

Yes, you have read it right!

No, your eyes are not deceiving you!

I have just finished reading this article which was published in THE SCOTSMAN on Sat 1 Apr 2006.

Here are a few quotes from that article:

 

"HBOS chief executive designate Andy Hornby saw his annual pay package jump more than 20 per cent last year, despite the bank delivering a lower increase in profits on the previous year".

 

"Hornby's total package rose to almost £1.30 million from £1.08m in 2004. This included an annual bonus of £459,000 on top of his basic salary of £660,000".

 

"Outgoing chief executive James Crosby, who leaves at the end of July, pocketed £1.73m in 2005 - up from £1.48m in 2004 - including a bonus of £586,000 on top of his basic salary of £858,000".

 

"HBOS's profits rose 17 per cent last year to £4.81 billion..."

 

"A spokesman for HBOS defended the pay-outs to all the top earners, saying they were in line with the market, and added that HBOS was the best performing bank stock in the UK".

 

"Both Hornby and Crosby saw significant rises in their pension transfer values last year. Hornby's rose by 29 per cent to £1.24m from £958,000, while that of Crosby increased by 22 per cent to £9.05m from £7.43m".

 

Need I say more?

[Bigmac versus]

Not surprised to be honest.

[Jo06]

Not surprised to be honest.

 

Neither am I. Its obvious to us all whose pockets our money is lining.

[evanesco]

Jo,

 

Just wondering how you've been getting on. I sent my L.B.A. today with a schedule of charges and the £10 S.A.R. fee added on.

 

Evans. xox

[Jo06]

Hi all,

I sent the LBA to the Halifax and the 14-day deadline ends on 13th December.

 

The LBA was addressed to Mr Mark Coldwell, Customer Relations Officer and informed him that a copy was also sent to Mr Andy Hornby, Chief Executive.

 

Today (2nd Dec) I received a reply from Sarah Briggs, Executive Office which says:

 

"Dear ........................

Andy Hornby has asked me to thank you for your letter of 29th November.

We are looking into the matter you raise and you will receive a response shortly.

Yours sincerely,

sarah Briggs

Executive Office".

 

The letter is headed From The Office of The Chief Executive and has a direct line telephone number.

 

My question is do I correspond with Andy Hornby from now on as when the 14-day deadline arrives I will be moving onto the next step in the process, which as we all know is Court Action (if of course they have not repaid me in full).

 

In the LBA I enclosed an updated Schedule of Charges and explained that it was updated due to another charge incurred on my account since the first Schedule of Charges was sent to them (in the prelim letter).

 

Onto my next dilemma:

 

I received a letter yesterday (1st December) from the Halifax saying that MORE charges have been incurred on my account and on 6th December they will be taking £60 from my account and a further £28 (Unauthorised Overdraft Charge) on 30th December. They also state that I will be charged debit interest.

 

If I have to instigate Court Action against the Halifax, would I be right in assuming that I can add these further charges to my claim?

 

And if the Halifax say that they will repay me in full, do I then ask them for a refund of the new charges as well as the previous ones, or do I have to begin a new claim?

The £60 charge mentioned above will certainly be taken from my account by the time this stage of the process is reached.

 

To sum it all up: (notice the dates!)

 

I send the LBA (dated 29th Nov) to the Halifax on 28th Nov which they receive on 29th Nov by Recorded Delivery.

 

On 1st Dec, I receive a letter from the Halifax saying further charges have been incurred on my account. This letter is dated 29th Nov.

 

On 2nd Dec, I receive a letter from Sarah Briggs, Executive Office. This letter is dated 1st Dec.

[barracad]

7 threads merged - please stick to one thread

 

My question is do I correspond with Andy Hornby from now on as when the 14-day deadline arrives I will be moving onto the next step in the process, which as we all know is Court Action

 

The Court Action would be issued against Halifax Bank, not Andy Hornby or any other named person.

 

If I have to instigate Court Action against the Halifax, would I be right in assuming that I can add these further charges to my claim?

 

Yes.