Swanseastu vs Halifax

[swanseastu]

Hi everyone, just looking for a bit oif guidance

 

Sent my initial letter to hbos on 20/11 from the template requesting info on my current and visa accounts.

 

Got letter back postmarked and dated 6/12 ref my current account acknowledging my reequest and stating that under Data Protection Act i would receive a response by 2/1/07

 

To date I have only received my Visa statements but not my current account ones.

 

Just called the main 203040 Halifax phone number to see where they are and they say they dont have any info on my request, cannot transfer me to the Carlton Street Data Subject Access Request Team and that as these are copies of statement they dont fall under the 40 days Data Protection Act disclosure - this only applies to original documents - who knows what she was on about!!

 

Anyway, I told her to make a note on my account that I want these within 7 days otherwise a complaint to the info commissioner would be made, she said cannot guarantee 7 days, maybe 10, but again my request does not fall into Data Protection Act regulations.

 

Where should I go from here, sit and wait 7 days, or re-write? Any templates or ideas to keep my application as watertight as possible? Thanks

[sea-sidelady]

There are letters in

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

Also Go by your time line. Only wait for the 40 days,

[tezviper]

would be interesting to see what the Mods have to say about their claim about the 40 day deadline. I think that is absolutely rubbish and they are required to provide with any information related to your account wether its original or copied. Was it just one letter that you sent to them requesting both of these sets of statements?

 

Might be worth emailing this person to get them to hurry things up they are part of the legal team and if you explain to her what has happened so far and maybe even email her a copy of your original letter requesting these statements she may bash some heads together.

 

Ms. Rachel Hinchliffe

HBOS PLC

Legal Services - Retail Division

Trinity Road

Halifax

West Yorkshire

HX1 2RG

01422 391096

Fax: 01422 333453

Email: rachelhinchliffe@HBOSplc. com

[swanseastu]

Yes, I sent one letter requesting the statments for both VISA and current account, along with £10 cheque (which they cashed grrr). Luckily the letters Ive received back actually state my current account number on them so its enough proof that they have received the request I think.

 

The VISA statements have arrived and ive already sent letter 2 to them requesting £240 refund of charges but thats still within its timeline before areply is expected.

 

THe Current account charges im guessing will be upwards easily of £1500 and wonder if thats why they are delaying?

 

With respect to the person I spoke to on the 0845203040 number she was only relaying a message from the 'business Centre' in respect of the 40 days only applying to original documents and not copies. It really does not make sense what she is saying cause how can they be obliged to send me original statements within 40 days.

 

Anyway, Im now just about to post this taken from the templates section to them along with copies of the replies Ive received so far in respect of their obligations blah blah blah.

 

 

LETTER BEFORE ACTION

 

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: ########

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 20/11/2006. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a complete list of transactions and charges For 6 years as requested

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully

[tezviper]

Nice one mate, I would email or ring Rachel as well as she can really hurry things along and get what you need to you within days. Cant do any harm mate if they have gone over the deadline she will bend over backwards mate.

[swanseastu]

Surprise surpirise, my Current account statements (all 176 pages) have arrived 4th January 2 days later than promised and outside the DPA 40 day limit. They arrived Special Delivery hand written polythene envelope and a franked label dated 3/1/07. The deadline was 2/1/07.

 

My letter as detailled above must have passed in the post.

 

Im not sure what to do - let it lie ref the missed deadline or use it as part of bargaining tool?

 

Ive just had a very quick look through and without interest my fees are an amazing (and embaressing) £3990.

 

Without being greedy I would also love the interest on that casue of all the stress and hassles the bank has given me, but see conflicting stories ref whether or not to request interest before going to court - any general feelings?

 

Finally the 6 year period I jave calculated from the date I will send the you owe me letter off, rather than the date I requested the statements?

 

ANy thoughts from you the new experts!

 

If this goes through, then look out GE Money

[sea-sidelady]

i was advised by banfodder to take it all the way, which i am!

I wouldnt worry about the dead line, the main thing is you got them,

Also dont ask for the interest until the N1 or mcol

[swanseastu]

Amount Claimed: £4486

Amount Paid: £4486

 

Phone call today 31/1 explaining that all my charges were applied under the T&C of the account and HBOS, but they do understand in light of recent publicity my application fror the refund.

 

As a goodwill gesture they will offer me £2000.

 

I politely refused and said that as my case was near the expiry of MY timescales I had prepared court papers and would be filing for the full amount of £4486 plus interest totalling £5700.61.

 

I was then asked, so what figure am I looking for to settle - So I said the full amount of £4486 as I realise if we settle at this stage I cannot request the interest.

 

Another goodwill gesture then was offered of £4000. Again- I refered to the potential of moving this onto court and she said OK, £4486 it is, letter of acceptance will be with me tomorrow, and will be in my account within 7-10 days.

 

This will be very useful for my wedding plans laters this year.

 

Thanks Guys!!

 

So now its Halifax VISA, Co-op Visa, Egg Card who will be getting my attention!!