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emmaf01

Emma Vs Halifax **WON**

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Hi everyone.

Last week I sent off my SAR for my 2 Halifax accounts. I'm at the mcol stage with Nationwide, and this has given me the confidence to go for the rest of my financial providers, past and present.

Its so nice to know that I'm not the only person to incur charges! Certain financial institutions make you feel like a leper, when in fact they are making money out of your "mistakes".

The Halifax has been the institution who has charged me the most so I'm looking forward to getting these statements. Of course, by the time I get my statements, I'll be spending New Years eve with my highlighter pens and a calculator!


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Best of luck Emma. :D


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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One account is in credit, the other (my old and much abused student account) is about £2K overdrawn. I haven't had much activity in the first since about 2002. The other hasn't been in much use (apart from payments to slightly reduce the debt) since 1997-8. I've got to wait and see what they come back with in response to the SAR.

Whatever I get can get back, is a plus.


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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So, last month (20/11) I sent off my SAR. No response until today when I got a letter apologising for the delay, that my statements for the last six years would be with me shortly and that all of the letters/charges require no manual intervention and are all automatically issued.

 

Isn't that proving that the charges they are applying are illegal before we even start?

I wonder if by admitting this at the beginning we can shorten the process. Or more likely give me a bigger laugh if they try to refute it later.


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Probably the latter! Regardless, at least you should have your statements shortly.


iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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We got our statements dead on the 40 days!


Barclays

Settled in full 13/09/06 after LBA (£115.00):D

 

Nationwide

LBA sent 13/09/06 - Response 04/10/06.

Moneyclaim submitted 04/10/06.

Won (settled in full) 19/10/06. (£748.00):D

 

Halifax

S.A.R sent 05/10/06.

Prelim sent 14/11/06.

LBA sent 28/11/06.

Offer rejection sent 30/11/06.

 

GE Capital

S.A.R sent 25/10/06 on behalf of sister.

Incomplete statements sent.

 

Barclaycard

Prelim letter sent 30/11/06

Barclaycard agree to pay difference between charges and 12 pound OFT charge suggestion. Accepted £64.00 06/12/06.

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Well, statements for one account arrived today. !9 days- must be a record!

I am doing the prelim letter, but also looking at the spreadsheets. For the nationwide I did statutory interest (I was scared).

Witht this I want to use contractual. Now I have read through as many posts and faqs as I can locate, I've got the spreadsheet down but I don't know what the hell I'm doing!

Is the contractual rate the same as the unauthorised overdraft rate?

Do I change the 8% to 29.8%?

Argh!


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Emma,

 

With HBOS response to my SAR they said that there were not obliged to provide any manual intervention details, is this same for you or was it worded differently?

 

I charged them 8% interest (for my current account) is this correct?

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I have just received the statement from my second (and incredibly overdrawn) account. No charges on that. I am a bit worried as this is more overdrawn than I remember, not having received statements or any correspondance fron them about this account for 5 or so years. All the charges on this account took place up to 1998. So I have no info on them (statement only went back to 2001).

Even if I go back to the account with charges in the last 6 years and add basic contractual interest it covers less than a third of the overdraft on the other account.

I don't know what I am doing and am getting into a right tiz over this!


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Argh! I'm getting really wound up over this!

I've already been through the process (and won) with Nationwide. But I only did statutory interest on that.

I've been shafted repeatedly by the Halifax, and so going for contractual compound interest would be preferable- I just can't get my head around the (wonderfully put together by the mighty Vampiress) spreadsheet.

If I'm claiming this sort of interest, do I have to get my spreadsheet together and numbers before the prelim letter, or just put the charges on alone?

Help!!!


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Thank you for all help!

Finally got my head into gear. I think I just needed time to get my focus back.

And thanks to this site full of lovely people, I got what I needed.

So, prelim for one halifax account done.

And DPA non-compliance letter done for both, as I only got info from 2000 for one and 2001 for the really overdrawn one.

I feel so much better now!


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Still waiting. Now I've got to wait until I've paid my card bill before I can mcol.

I've also got to follow up on the dpa non-compliance as well.

I don't want to have to go to court- can I first refer it to the information comissioner?

I'm going to have to get back on this next week!


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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I was forced by Halifax to issue a claim for non-compliance with the Data Protection Act. They sent me my statements going back to 1992 as a result of the claim. It is highly unlikely that they would wish to appear in court.

 

However, you should issue the claim as the ICO can take up to 8 weeks to complete their investigation into your complaint. A DPA claim for non-compliance cannot be done via MCOL, you will need to use an N1 form. The information regarding how to complete that can be found here.

 

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


iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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I've got my Info Com complaints form- I haven't got much time at the mo (sick toddler) so I'm doing that before resorting to the court.

 

Should I still mcol for the charges from 2000, and leave anything else for a separate claim once I've got the info?


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Emma, I chose to begin a claim against them as they did not send me the statements. I view of the fact that you may be waiting some time, I'd be inclinded to get started on the charges that you can prove right away.


iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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So- today I received a lovely letter from the Halifax offering me £168 to shut up and go away.

I think they've been lulled into a false sense of security because I haven't made it to my local court to put in my 3 N1 forms- 2 for non-compliance for dpa and one for bank charges totalling £703 including contractual interest- plus £10 sar costs.

I think that's a no then!


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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So, on this letter they sent me, they asked me to call if their offer was not acceptable. So, after I had written the letter saying "no thanks" to their minute offer- which did not even cover the charges taken, I thought I'd ring to see what they would say.

 

Well, that was an insight into their thinking. I found out they only offer a refund of charges within six years of the complaint reaching their specific office. This means that although my SAR was in November and my prelim in december, they only got my complaint through to them on February 1st- so will only refund charges from February 2001. Errm?

 

I asked them why they ask me to call if their offer was unacceptable, if they would not change/increase their offer if I was unhappy with it. They just said they had no authorisation to offer more.

 

After I got off the phone, my child unfortunately heard a phrase I hope he never repeats!


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Claim issued on MCOL yesterday!

 

I've only gone for statutory interest, due to conflicting info on the contractual at present.

However, I'm interested in the DPA non-compliance claim you've made, Hagenuk. I've looked at the particulars of claim (in the templates), But I'm confused about the damages aspect- what sort of things do you count as damages in this sort of claim?

 

I've sent them a nasty ish letter regarding this today- with much help from Tanzarelli's letters to the Barclays-monster! And also asked them to produce signed contracts as per Consumer Credit Act 1974!

I hope it all helps to get them a) to give me my money back, and b) not to play nasty with regard to my old student account- a nightmare of student mismanagement!


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Emma, my point 6 on the PoC for the DPA non-compliance claim read as follows.

 

6. The damage caused is:

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £30

 

They sent me a cheque along with my statements.


iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Funnily enough, they have agreed to send the missing statements out today!

Odd- they've seen I'm serious about court action, so they'll concede on the DPA.

 

Also- I found out they closed my student account in 2003- first I had heard about it.

What does this mean for my refund from the other account? I thought because I had two open- one in the black and one in the red, they would shift any refund on to the overdrawn account- will I get a cheque now- or what??

Anyone got any ideas?


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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So, I got my statements from the start of my account today (less than 24 hours and back to 1994!)- and I've got another £100 of charges- all 1998 to 2000. But I've also received the MCOL infor for my claim.

 

Should I add them to this or clear this and start again with a separate claim for them, doing a new prelim etc?


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Anyone got any idea whether I should/can add these to my existing claim- it adds £100 in charges and another £64 in statutory interest?

 

Any advise/help appreciated!


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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If you have already filed your claim then you cannot add any new charges to it without filing an amended claim. This will mean filing an N244 Application Notice which will cost £35 and this fee is not recoverable. Further, you will also exerience delays of several weeks while the court considers your amendment.

 

I would continue with your existing claim as is and if you wish to pursue these additional charges, then make a second claim.


iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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