LouizeM v Halifax ***SETTLED IN FULL***

[LouizeM]

Hi, sent a request for my bank statements on 13 April. No acknowledgement received as yet.

 

QUESTIONS

(1) Has anyone else experienced problems with the Halifax providing this?

(2) Also, if you have been charged, can you let me know how much as Im requesting this for 3 accounts with them.

[alanfromderby]

Most people have found problems when they don't follow the step-by-step guide or read the FAQ's.

[colour-me-happy]

Hi Louize

 

When you send the 2nd request send them £10 this is the maximum they can charge for a DPA request, the Halifax usually only charge £5 but they can and will just ignore your request if you don't include the payment.

 

Hope that helps.

[LouizeM]

Thanks for the advice "color me happy" will do. Just seems stupid to send them a cheque from the account that they manage and it will come out of anyway!

 

Is that 3 cheques, one for each account or one cheque for all 3?

 

Alan - ?? I have read the FAQ and Im at litigation stage with HSBC already???

[colour-me-happy]

Thanks for the advice "color me happy" will do. Just seems stupid to send them a cheque from the account that they manage and it will come out of anyway!

 

Is that 3 cheques, one for each account or one cheque for all 3?

 

Alan - ?? I have read the FAQ and Im at litigation stage with HSBC already???

 

As far as I am aware it is 1 cheque, what I did with my accounts was detail all account numbers on the one letter then it is dealt with as 1 request.

[LouizeM]

Brilliant, I'll do that then and send it recorded delivery. I know they received the first request, as I asked them to update my accounts with my new address on the same letter which has been done, so they could well be processing it. I'll phone and check, before sending a cheque.

[colour-me-happy]

Brilliant, I'll do that then and send it recorded delivery. I know they received the first request, as I asked them to update my accounts with my new address on the same letter which has been done, so they could well be processing it. I'll phone and check, before sending a cheque.

 

What you could do is just send a letter stating you understand there is a maximum fee of £10 for the DPA request and giving them authorisation to take the money from your account.

[LouizeM]

First Stage: Request for Information & Initial Response

• Request for Information issued on 13th April.
  
• Response received today (dated 02 May 2006) - transcribed below

"Account Information, Completion of request for a list of transactions and charges for account numbers XXXXXX and XXXXX.

 

Thank you for your letter requesting specific information on the above accounts.

 

I confirm that copies of duplicate statements have been ordered and will be sent to you under separate cover. With regards to your Credit Card with us, our card services department will contact you separately in the near future to assist with this.

 

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 this request.

 

Should you have any general account queries please contact the 24 hour banking helpline on 08457 203040 (If Visa 283848 ) or if you have any data protection concerns relating to your personal data, please do not hesitate to contact me.

 

Details of how we use your data can be found on the Internet under Security and Privacy section at www.halifax.co.uk or www.bankofscotland.co.uk. If you would like a copy of the registered Data Protection Notification details, this can be gound at www.informationcommissioner.gov.uk. Alternatively, please let me know if you would like me to forward a copy of either to you.

 

I have enclosed a copy of our leaflet for your information, 'Personal Customer Complaints - Here's what we'll do'. Yours sincerely, Tilly Wild, Customer Services" Template letter with Electronic signature

[LouizeM]

I still havent had these statements.

 

Phoned the Halifax yesterday on the number in the letter above and spoke to the Business Team in Newcastle-upon-Tyne (Sarah Fallon). She said she'd call me today to see whether they are "willing to supply" - to which I responded, willing or not they are legally obliged to and I will contact the Information Commissioner if they dont! Promised a call back today but hasnt.

 

So.....

 

Called the number again today, and spoke to a really helpful Geordie lass (unfortunately didnt get her name). She read out everything on my account to me and apparently the request was passed, yesterday, to the Preston team to deal with by her line manager (she worked on the same team as Sarah). The Preston Team are not contactable via phone.

 

Anyway.... they have until 22 May to comply (under the 40 day DPA rule). So I asked the lady to update my file to show these dates and reiterate this point to those that are dealing.

 

The customer service has been very good so far, very polite and helpful, just seems that they are working within flexible systems and processes which is clearly a bit of a nightmare. Hopefully will eventually get my list of transactions and see what the overall damage is!!

[LouizeM]

Just had a "courtesy call" from Halifax informing that they had "overlooked my request" and are now actively dealing with it. I very politely reminded them that they have until 22 May for me to receive these before I report them to the Information Commissioner for non-compliance. (it would be my request wouldnt it!!)

[LouizeM]

Had yet another letter and another complaints leaflet (this is now the third leaflet Ive been sent)

 

"Bank Account Charges

 

I refer to your recent correspondence. I was sorry to learn of the problems you have experienced with Bank Account Charges.

 

I have enclosed a copy of our complaint leaflet which tells you how to handle your complaint.

 

I will deal with you concerns as quickly as possible and I will contact you again shortly. However, if you need any help meanwhile, please telephone me on 01772 255412.

 

Yours sincerely

Helen Jones, Customer Services"

IM STARTING TO GET ANGRY NOW!! I havent made a complaint about Bank account charges, Ive just requested a list of transactions. I keep getting letters, leaflets and calls apologising but no bloody statements!!! Theyve got until Monday and Im reporting them to the Information Commissioner for non-compliance!

 

Sounds like a case of "computer says no" - Common sense really isnt that common is it!!

[Movingon]

By the way; the following passage from the DPA should be informative regarding their refusal to disclose manual intervention data:

 

7. - (1) Subject to the following provisions of this section and to sections 8 and 9, an individual is entitled-

 

© to have communicated to him in an intelligible form-

 

(i) the information constituting any personal data of which that individual is the data subject, and

 

(ii) any information available to the data controller as to the source of those data, and

(d) where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking.

So - basically if they are making decisions significantly affecting you, then they ARE REQUIRED to produce evidence of their logic for each and every decision. i.e. they must provide you with details of every manual intervention.

[LouizeM]

Had yet another letter and another complaints leaflet and still NO STATEMENTS.

 

So I called them yesterday and told the woman she had 2 options, she could stay on the line and go through every charge one by one for every account over the last 6 years, or basically get off her a*se, print them off and post them that day. Took her name etc and she promised I should get these this week.

 

Otherwise, what should I do? Do I call the Information Commissioner?

[Movingon]

Yes you do - well, I would write to them. You also have the right to put in a claim to the small claims court to force compliance.

[LouizeM]

A claim to force compliance??? That doesnt sound right to me at all

 

Anyone actually experienced this yet?

[Movingon]

There are two in the system as we speak.

[brandedcentaur]

Had yet another letter and another complaints leaflet and still NO STATEMENTS.

 

So I called them yesterday and told the woman she had 2 options, she could stay on the line and go through every charge one by one for every account over the last 6 years, or basically get off her a*se, print them off and post them that day. Took her name etc and she promised I should get these this week.

 

Otherwise, what should I do? Do I call the Information Commissioner?

 

I LOVE IT!! That's the spirit we need!

[brandedcentaur]

May I ask how a "claim to force compliance" would be started? I have just written to the Horrifax in reply to their standard letter (in which they say that they are not obliged to supply details of manual intervention) quoting the details of the DPA given above. I would dearly love to trail their sorry a**es into court (especially as I think I can get exemption from court costs as I am on Invalidity Benefit!)

[Movingon]

You simply go to your local court, and tell them you're starting a "Small Claim" for non-compliance with the Data Protection Act. They'll ask you to fill in the relevant form... which SHOULD be an "N1". Be aware that courts are not aware of this usually (it's not a common Action) and you need to be quite insistent - the Information Commissioner has actually stated that this is a matter for Small Claims. What you'll come out with is an "Order" from the Judge that the errant organisation comply with your Subject Access Request. The Order will be given to you and to the defendant.

[brandedcentaur]

Thank you for that info Stone, I shall contact the court & do just what you said.

 

Louize, I hope you didn't think I was hijackling your thread, but I rather think Stone's reply could be of use to you. I have a separate thread going on the Horrifax - must update it!

[LouizeM]

I have emailed the financial ombudsman for complaince with the Halifax and to seek additional advice in simply getting these statements (just in case I dont receive them by tomorrow). In either case, they have provided these late and someone needs to look into that.

 

"TO:complaint.info@financial-ombudsman.org.uk"

 

Dont worry about "hijacking", dont mind at all. I cant be bothered to start a legal claim for statements, as its additional expense and I think that it will inevitably slow the process down in the long run.

[LouizeM]

HI, well about 20 envelopes turned up yesterday, and Ive gone through them all. For my 2 accounts (1 only a year old) in total there is £763 of charges.

 

Sending my "letter before action" today.

 

"Halifax plc

Customer Relations

P O Box 548

Leeds, LS1 1WU

Date: 01 June 2006

My ref: HF010606

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNTS: XXXXXXXXXXXXXX AND XXXXXXXXXXXXXXX

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

From the statements you have recently provided, of which I add I had to wait over the statutory 40 days to obtain, I calculate that you have taken £763 in charges.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

Yours faithfully"

Here I go again.....

[happymummy]

Hi,

Just wondering, did you send them the preliminary letter or did you go straight ahead with the letter before action?

I sent my prelim one over 2 weeks ago and heard nothing so sending my LBA tomorrow.

 

Fingers crossed all round

[LouizeM]

Hi, I just sent the "letter before action". The Halifax are so used to these templates being sent to them now, they know full well whats coming. I have had responses to letters on here, before Ive sent them!

 

Just go straight ahead and demand the money, if they dont comply then moneyclaim it. Thats what I had to do with HSBC who paid up ultimately. They hope you'll give up, so they ignore you etc

 

Good luck

[Movingon]

...and then if they actually make you attend court, the Judge could easily say "You haven't given them enough opportunities to resolve this." And you could lose.

 

Judges like reasonable. Judges don't like vexatious litigants. The court HAS TO BE the ABSOLUTE LAST RESORT. If they don't feel you have tried to reach a resolution effectively they could throw your case at the wall.