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the don versus halifax !!!


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Hello am new here so please excuse any inaccuracies !

I have three accounts with the same bank - Halifax,

do i send one data letter with all three account numbers on it as it says in the letter "all history with your banking organisation"

or do i send three seperate letters to them ? Any advice is appreciated cheers

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  • 2 months later...

hello everybody !

i have sent my first lba on the 16th november and received a swift response from Joanne Carmichael a customer relations officer, in it she says that they are sorry i am upset with the charges made against my account that they are going to lookinto those complaints and will get back to me no later than four weeks ! very nice ey lol

so i am just wondering do i send her a letter back telling her i am proceeding anyway or ignore it and stick to the timetable ie wait another seven days then send final lba ?

cheers

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hey there only me again ! well just received another letter fromthem today informing me that am overdrawn by some 150 as they have continued to charge my dds eventhoi cancelled them !! if my account is od does that affect my claim ?

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right have checked with the bank today an they got cute saying can you remember who it was you spoke to about cancelling them ??? when i signed a receipt cancelling them etc ???!!! there is no record of it basically accuced me of lying !!

so now do i have to put the 150 back into my account to proceed with my case or do i just add the charges to my lba ?

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hiya everyone right this is absolutely mad !

I sent off two sars back in ocotber 6th one for me and one for my pal, nothing has come for my mate i have had all my information sent to me !

so last week onthe 17th i sent the template letter asking for the statements again

TEMPLATE LETTER 3

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

 

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 __________________

 

at the same time that i sent my prelimary letters for my claim to the same address, guess waht happenend next ! i got a nice fob off letter from customer relations my mate still aint heard anything !!!

 

So when the time expires for them to respond does he proceed with the claim as outlined by alan form derby ? doing that Order under Section 7 and Section 15(2) of the Data Protection Act 1998

Damages will that cost a lot ?

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hey everyone hope all is well !

right am about to send halifax my LBA jsut got a couple of questions

do i include my sar fee or claimthat later in my court claim ?

is it alright if i just claim ordinary 8% interest later too with that court claim ? i arent claiming for any overdraft jsut bounced dd's cheers

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  • 2 weeks later...

hey everyone i have a quick question i have got two accounts with halifax that i am trying to get the charges refunded on am gonna be at the MCOL stage this friday so was wondering how do i go about submitting this claim with both accounts in one claim wording etc not my strongestpint so any help would be appreciated i dont wanna give them any excuse to mess me about about at this stage cheers

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  • 5 weeks later...

hey everyone hope your all having a great weekend i think i have made a huge mistake with my claim !

i filed on the 28th december online for 1000 but i thought that you waited until the bank or their lawyers got in touch with you before you send them the spreadsheets and full particulars of claim !!

the 14 day period expires on monday and i aint heard anything from halifax or their lwayers so am a bit nervous is this normal have i messed it up ?

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This is why it is always suggested that anyone wishing to make a claim should read the FAQ's (http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/), read the http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html, and read lots of other threads - so you're sure of what you are doing before you start.

 

In effect you've gone straight to court and claimed there, without giving the bank reasonable opportunity to deal with the claim. I'm not sure what will happen, the Halifax will no doubt put in a defence and part of this will say they had no knowledge of the case.

 

See what comes back from court, you may have lost your court fee through doing it this way but could re-start the claim properly ?

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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hey there thanks for your reply i have sent the dpa request then the prelimary letter then the LBA all within the required time frame and reeived letters back from the bank about these its just when i filed my claim at the MCOL stage i didnt then send the bank and court the spreadsheets and further info except what was on the MCOL form have received notice of issue form the court on the 28th of december but as yet heard nothing from the bank

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Ah, now that makes a bit more sense as to what you've done. You have followed procedure and arrived at the court stage, from your post it looked like you had just filed at court without any of the correspondence with the Hx.

 

When you file with MCOL some people send copies of the spreadsheet to support their claim, but it may not be needed at this stage. The Hx should have up to date figures for your account, so will be able to cross-check the amount you've claimed. If they disagree with the figure they'll be quick to say so.

 

If they intend to defend then MCOL will allocate the case to a local court, they will not deal with it themselves. The court should then ask for supporting documentation.

 

What will probably happen is that you'll hear from the court around the 14th day to say the Hx are defending the case. If it all goes according to their usual timescales they will go no further than that, and will pay the claim within a few days of that. Once it's cleared into your account you would need to notify MCOL, or the court if the case was allocated to one, that the claim has been settled in full.

 

It is not unusual for the Hx to keep very quiet and not let you know anything, they'll deal directly with the court for now.

 

Sorry for any confusion in the last post, it did sound like you'd jumped the gun though. Looking back through other posts you've made I could see mention of the SAR and LBA, perhaps a PM to a moderator would help as they can pull everything into one thread for you.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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hey there thanks for the reply mate i know my postings have been a bit all over the place ! lol am learning now though ! well the 14 days was up yesterday checked today and its been acknowledged by halifax which buys them an extra 14 days from now or an extra 28 days am not quite sure which ?

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WOOO HOOOO !

i won i won i won

it happened just like you said went home checked my post an was al etter from them saying due to commercial reasons wouldnt be able to afford teh costs as wuould be snmall claims YEAH am gonna just say thanks to all this site is great#have told all i know about it an gonna donate asap ta ta ta

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hey everyone i have just a query as am about to claim for my second halifax account have done the process statements prelim lba all within the timescale and received usual responses from them. My question is as i sent my LBA to them on the 16th December can i submit my claim now as it is well past the 14 days or do I send another LBA ? cheers

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