bluecloud's babe v halifax

[Guest bluecloud]

As mentioned in my claim against halifax cc a new thread for my partner.

 

Some statements today from the Halifax for 2 of her current accounts and the two visa cards.

 

Current account statements incomplete so DPA non-compliance letter I sent yesterday is still valid.

 

Will check through the two CC lists later - I need chance for my highlighting had to cool down.

 

One bit of advice for others in a similar situation:

 

my partner has her debt administered by CCCS in Leeds, we have notified CCCS of the situation as obviously the charges cover the debts easily and should things go to plan the two current accounts will be cleared before the end of December - CCCS were very grateful and even wished us luck with our claim.

 

Keep fighting everyone.

 

 

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[Guest bluecloud]

Now calculated Halifax Visa card charges. AC1 £590, AC2 £595 - double checked as I didn't believe how close the charges were to each other.

 

Prelims sent for Current ACs in one envelope and Visa's in another. I know it shouldn't matter but it helps me keep track of everything.

 

 

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[bearo]

Keep us informed!

[Guest bluecloud]

My partner's DPA non-compliance letter seems to have disappeared from the track'n'trace service. Not a total loss of course as the recorded delivery slip was stamped by the post office which of course mean I still have proof of posting. So the letter that was sent on 14th actually "arrived" yesterday (as far as the Courts are concerned).

 

So Halifax now have until Thursday next week to furnish my partner with the missing transactions from the first two current accounts and to supply a complete list of the third account. I don't know why but I can see myself making yet another visit to Middlesbrough County Court and issuing another N1. The staff there are getting to know me quite well now with all the visits I make down there (not all for bank charges - honest ).

 

Incidentally the Preliminary letter sent at the same time from the same post office has been received so the clock has started ticking on the first £2554.

 

We've decided to hang back on the CC claims until the current accounts are sorted. CCCS are helping us to sort them so the only thing that can increase is the amount of interest that will be due under s.69 CCA. We did this as the last thing we want is a confusion in letters and claims. The N1 for the first two current accounts is due to be issued around the 13th/14th December which is two days before we go on holiday for a week. If my claim was anything to go by then there should be a lovely credit in the account when we get off the aeroplane 2 days before Christmas (well we can hope).

 

Will keep you all posted.

 

 

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[Springer]

Fingers and toes crossed for you bluecloud!!

[Guest bluecloud]

A quickie this evening (ooh-er, fnar, fnar for all you spectrum fans).

 

Received the standard letter about "the complaint" complete with the leaflet detailing the complaints procedure.

 

One small problem though, which letter are they referring to? The non-compliance or the preliminary request. I really wish the banks would put proper reference numbers in rather than invented numbers, still at least they included a role number.

 

Funnily enough it refers to the account with the least number of chrages applied, and funnily enough that's the account for which the least number of statements was received.

 

By the way Paul Williams, your "no later than 4 weeks" timeframe might be a little late, we'll be in Spain and you'll have received a County Court claim.

 

No news on the non-compliance unfortunately so already preparing the N1 for Thursday.

 

 

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[Guest bluecloud]

Another letter today.

 

One of the standards:

 

... the investigation regarding charges was for credit cards only ...

 

Fair enough, I'll just send one of the CAG standard letters next week; it's called a Letter Before Action.

 

As for the lack of statements, not a dickie-bird. So, N1 is now ready for filing tomorrow. Asking for FULL history on the two accounts that we got partial statements for and full history on the account that the Hailfax have, so far, chosen to ignore.

 

The fight continues.

 

 

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[Guest bluecloud]

Postie has been and gone, still no response to the LBA either by way of apology or fulfilment of the original S.A.R - (Subject Access Request).

 

Have my £30 and N1 (3 copies of course ) ready, so will be visiting Middlesbrough County Court (again) this afternoon.

 

£20 towards the cost of postage and letter writing, plus the £30 fee. Not forgetting, the missing information too!

Should the Judge wish to award anything else then that would be fine too.

 

 

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[orfoster]

lol good luck with it all.

[Guest bluecloud]

County Court Claim against HBOS plc issued for non-complince with the Data Protection Act - filed at Court 23/11.

 

Don't have a "deemed served" date yet but it shouldn't be long in coming.

 

Not heard anything else regarding the current account claims they received on the 15th. Postie has been and gone and today is the 14th day so LBA going off.

 

So glad we've delayed the CCs as it's getting a little complicated with 3 concurrent claims against the Halifax.

 

 

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[Guest bluecloud]

I have a couple of questions for people with a little more experience than I.

 

My partner's current accounts are currently set to "enquiry only" when viewed on-line. The debt is being managed with the assistance of CCCS in Leeds.

 

When we get the charges refunded, can we insist, as part of the Court claim, that the charges are refunded by cheque? I ask because there will still be other accounts "in the red" (although we will be claiming for these too - see above) and we would rather not have the current account charges swallowed up by the credit cards. I know it sounds a little greedy, but the extra money that the refund will bring is currently due before Christmas and it will make a huge difference to us.

 

My second question is, what difference do the Christmas holidays make with regard to timetables, particularly with the Court claim? The Courts will obviously be closed Christmas day, boxing day and new year's day. Do we have to make allowances for the banks too? I know it sounds like a silly question but I'm sure there are plenty of people wondering the same thing.

 

 

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[Guest bluecloud]

After a couple of weeks holiday some updates and developments.

 

Today is judgment day for the Halifax! At least as far as the DPA SAR non-compliance claim.

 

However, there is a stumbling block. When the claim was filed it appears that the wrong form was used. I was only aware of the N1 and followed the guide implicitly. I completed the form asking for the Court to order that the information requested be disclosed and for the Court to award £20 for the costs involved - not forgetting the £30 filing fee.

 

Rachel Hinchliffe wrote back whilst we were away and enclosed a cheque for £50 and a line in the letter claiming that the SAR had been complied with. Unfortunately, one of the accounts has an incomplete transaction list (it only goes back to 2003) and I've received nothing at all for another of the accounts. The third account is complete. The two visa accounts were dealt with separately.

 

Rachel Hinchliffe is now, quite conveniently, out of the office for the Christmas period.

 

So I have a cheque for £50, an apparently incorrectly completed form and still don't have the information as requested back on the 2nd October.

 

I have requested that a District Judge look at the claim although with the current backlog at the Court I have been advised to either wait, perhaps into mid-January, or attempt to file for judgment with a form that the Court have sent to me that saying I don't accept the defendents proposal for payment even though they have sent payment.

 

I suppose I could write to the Court stating the information above in the hope that a District Judge will identify what has gone wrong with the claim.

 

Has anyone else out there come across this? What did you do to resolve it?

 

Help me Obi-Wan Kenobi!!!

 

 

 

 

The claim against the Halifax for the charges applied that I do know about is still proceeding as normal, albeit slightly delayed due to spending too much time under the Spanish Sun. The N1 is due to be filed next week. At least I know I can always tag on more charges before filing should the above problems be resolved or even issue another claim at a later date.

 

As for the credit card claims, they're still on hiatus until the current accounts are resolved. The possibility of two claims running concurrently is scary enough let alone adding a third.

 

 

 

 

Take care everyone, wish you all a peaceful and litigious New Year.

 

 

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[Guest bluecloud]

A very shameless bump!

[Guest bluecloud]

The plot thickens.

 

Received an AQ from the Court this morning.

 

For the Data Protection Act non-compliance claim.

 

Halifax are still contesting the claim on the grounds they have supplied the required information.

 

They haven't.

 

Still waiting for a minimum of 6 years on one account (they've only sent 4 years worth) and full details or another.

 

I've tried to be amicable about this but looks like I might just get a day in Court.

 

 

 

P.S. To Mods and Admins, do you know of anyone at all that has reached this stage over DPA non-compliance?

[Guest bluecloud]

What to do, what to do, what to do?

 

I am still waiting to receive the information for the fifth and final account after the SAR was sent on the 2ND OCTOBER!!!!!!!!!!!

 

The court refuse to order the Bank to disclose the information through the use of the N1.

 

I applied for a Court Order requesting that the Bank be forced to disclose the information. The Court have now stated that it must go to a hearing and that the Allocation Questionnaire must be filed by 1st March.

 

This is starting to get quite scary. The Bank almost seem unwilling to acknowledge that the account even exists. I have to admit it would be lovely for this to be so as it is an account in debt by quite a substantial amount, and if the account doesn't exist then how can they apply the debt?

 

I did finally get the extra information for Account 4. The Bank initially claimed that the history of that account was only 4 years until I pointed out that you can't open an account with a negative balance, particularly on Christmas Day! Two days after pointing this out I received, by special delivery no less, statements going back a further TEN years.

 

So everyone, any advice please.

 

It looks like I will be in Court very, very soon due to the Data Protection Act and the Bank's failure to comply.

 

 

 

 

Keep fighting everyone.

[MR2Phil]

All the best, Bluecloud (loving the "fnar fnar" reference towards the beginning of this thread when you were in, no doubt, a more jovial mood!)

[Guest bluecloud]

Quick update.

 

Had yet another telephone conversation with Rachel Hinchliffe, she of Litigation Solicitor fame, and encouraged her to provide assistance.

 

Everything was going most boringly until I mentioned that the Court has requested my AQ.

 

She promised that someone will call me today.

 

We shall see.

[MR2Phil]

And? Did they??!

[Guest bluecloud]

Finally got a call late Saturday morning from Richard of the Business Risk Department.

 

He was having difficulty tracing the account!

 

So despite all three account numbers being available in our on-line portfolio, all three accounts having the same sort code and despite several calls and letters, not forgetting a duly served N1, each one confirming the same information, Halifax have NEVER queried the validity of the information, rather just ignored it.

 

I did mention that the information is required before Thursday as that is the deadline that the Judge gave - just forgot to mention that the deadline is for the AQ and not for the bank to send the list of transactions.

 

Part of me wants the bank to fail, so that I can have my first "day in court" and make the Halifax look completely incompetent. The rest of me just wants the Halifax to fulfill the original SAR even if it will have taken them FOUR months.

 

Whatever happens, I think a strongly worded letter to the Information Commissioner is in order.

[barbershop0]

Hi

 

Hope you get your day in court, thread read with interest!!

[Guest bluecloud]

I spy with my little eye, something beginning with "S".

 

Yes, STATEMENTS.

 

Received Special Delivery this morning. So no need to complete the AQ and no need to clear my diary for a Court appearance.

 

Had a quick check through and found £170 of charges, so these can be added to the claim.

 

Means the total will approach the £3000 mark.

 

Bit pee'd off that I won't get a Court appearance as it would have been nice to see how the Halifax defended themselves but maybe I'll get one later.

 

In the meantime, thanks for the encouragement - will be back very soon with the continuing story.

[Guest bluecloud]

A quick follow-up.

 

Rang the ICO help-line this morning. Told them that it had taken the Halifax 4 months to comply with the SAR.

 

Their response, the banks are receiving an unprecedented number of Subject Action Requests and as such are exceeding the 40 day limit in which to comply. In the even that a bank complies with a Subject Access Request, albeit late, the ICO will only write to the bank and inform them that they missed a deadline. The ICO are concentrating on ensuring that people who have received no information at all are dealt with first.

 

So what does this mean? The ICO are completely toothless. They have the authority under statute to nail the banks and even, by revoking their DPA cetificate, of putting them out of business overnight and they won't do a thing for late compliance. In my opinion it looks like the banks even own the ICO. {ooh contraversial or what :o) }

[Guest bluecloud]

Yet another follow up.

 

The £35 spent requesting a Court Order requiring the Halifax to disclose the information will NOT be refunded as the claim was referred to a District Judge, even though a Court Order was not issued.

 

Bit of a bummer.

 

However, I can't see any reason why I can't add it to the list of charges that are presented to the Halifax, after all, it was a legitimate legal expense incurred as a result of the overall claim.

 

 

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[Guest bluecloud]

Oh yes, while I remember.

 

I am now proceeding with the Letter Before Action - as soon as I calculate the full amount they owe.

[Guest bluecloud]

n1 issued today at Teesside Combined Courts.

 

It took a wee while to put enough money aside for the court fee of £120.

 

Here's hoping for a speedy resolution.

 

Keep fighting all.