Jayneuk v Halifax

[jayneuk]

Hi,

 

Been directed to this site by a friend. Just done my sar letter, but I'm a bit confused about where to send it to. On another site I was looking at it gave an address in Fife, then I saw one somewhere else in Yorkshire, or should I just send to my local branch?

 

Jayne.

[Michael Browne]

HBOS PLC

Trinity Road

Halifax

HX1 2RG

 

or your branch, it'll be tredirected via internal mail.

[sea-sidelady]

Hiya Jayne,

welcome to the forum. The address is

HALIFAX PLC

TRINITY ROAD

HALIFAX

WEST YORKSHIRE

HX1 2RG

[jayneuk]

Thank you very much. I will get the letter sent off tomorrow.

[jaxads]

Hi Jayne

Take a few mins to read my thread - jaxads - it'll give you an idea of the timecales in my claim against the Halifax. Good luck!

[jayneuk]

Thanks Jaxads. Just read your thread. Hope my claim is as quick. I'm feeling a bit daunted by it all at the moment, thinking I am bound to do something wrong and cock it up!

[jaxads]

Just remember to stick to your timescales. You're calling the shots here, not the Halifax!!!!!

[TideTurner]

If you think you're going a bit wayward, just post a question and somebody will help, but also look at standard letters on other threads sent by people in the same position which can be adapted to yourself with minor input.

[jayneuk]

Ok TideTurner, thank you very much.

 

Does anyone know whether the Halifax tend to send out a list of charges or all the statements? If it's statements there will be a huge amount of pages because one of my accounts has been very active. God knows how I will get through them all and add it all up without missing any.

[jaxads]

Hi - I got a huge bundle of envelopes -- about 50 I think. There were 3 statements per envelope - what a waste!! When you go through the statements with your highlighter, each time you find a charge its brilliant!!!! You may need to sit down at the end of it when you add all the charges up - lol!!! I went through all of mine with a highlighter and then went through again with a different coloured highlighter and I'd actually missed about £200 worth!!! Definitely worth double checking.

Whilst waiting for your statements, its worth taking the time to read through the other threads and learn from them. I find this site so addictive, I cannot keep off it. Don't know who to take on next - tee hee!! Best wishes. jaxads.

[jayneuk]

I'll get my highlighters ready then! To be honest, I don't think it will be a lot, because I don't remember having that many charges, but I'm sure it will be a couple of hundred or so, and definitely worth doing

[TideTurner]

Once you get your statements, enter your charges into one of Vampiress's spreadsheets so you can claim the interest back as well.

 

Do you have a SAR template to send to them?

[sea-sidelady]

I got all mine in 2 envelopes. 1 for each account. I had a lot of fun with my highlighters. he he.

Be prepaid for the wait as they seem to be taking their time sending them out. But use the time to read up as much as you can.

[jayneuk]

Yes, I've got the sar ready to send.

 

Tideturner, I thought you shouldn't add the 8% at the start?

[hillards]

The spreadsheet calculates the 8% from the start. Normally you would print a copy off without that column showing when you make your initial claim, but no harm in leaving it showing - although you cannot claim this until the case reaches court stage, if it does.

 

All claims made for repayment of charges are on the understanding that if the bank offers the full amount then you must take it and are then unable to file a case at court. If you do not reach agreement with the bank, and go to court, the court system allows the 8% to be added, plus repayment of court fees.

 

Some people also put in a claim for the £10 SAR fee, but it's not clear if this is a genuine claim as you have only followed the Data Protection Act rules in requesting your information. It's not an unfair charge by the bank as they did not determine this. Some add it in and get it, others don't.

[jayneuk]

OK I understand that. Thank you Hillards.

 

What is the part of the sar about manual intervention about?

[jayneuk]

Also the sar asks for my whole banking history, but I have banked with them since I was 16 - shouldn't I just ask for the last 6 years? Sorry to be asking so many questions already.

[TideTurner]

Under the Data Protection Act 1998

Schedule 8 Part 1 (2) provides: -

"eligible manual data" means eligible data which are not eligible automated data;

Banks have been known to deny access to information as it is held in a manual format (in a physical file).

Nobody writes information by hand these days, so if they have a physical file, the documents contained in it will have been created on a PC and are therefore held in a digital or magnetic format.

Regarding the time you have to claim, you have 6 years from the date of discovery of your loss. The Banks will claim otherwise, however, it is now becoming clear that as charges were made, the reason for such charges was concealed from the client.

Limitation Act 1980 S32 (1)(a),(b) and © provides: -

32 Postponement of limitation period in case of fraud, concealment or mistake

(1) Subject to subsections (3) and (4A) below, where in the case of any action for which a period of limitation is prescribed by this Act, either--

(a) the action is based upon the fraud of the defendant; or

(b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant;

or

© the action is for relief from the consequences of a mistake; the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. References in this subsection to the defendant include references to the defendant’s agent and to any person through whom the defendant claims and his agent.

You may therefore claim for all of your losses – then wait for a defence.

[TideTurner]

Guys, get your lips around this post!

 

KAZZAW v Lloyds Asset Card - EVERYONE READ POST 15 !!!!!!

 

General Form of Judgment or Order

 

To the Claimant

 

kazzaw

 

 

Before District Judge ................. sitting at Lincoln County Court.

 

EX PARTE

 

IT IS ORDERED THAT

 

The Court of its own motion is considering striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled.

 

Dated 28 December 2006

[jayneuk]

Oh dear, now I'm confused. Will I be claiming for charges over the last six years, or charges in the whole time I have had the accounts? (which in my case is since I was a child, presumably when my card cash account switched to a current account).

[hillards]

Jayne

 

The normal course of action has been to claim the previous 6 years, from the time you became aware of the charges being unlawful. This is often taken to be the date of sending your S.A.R - (Subject Access Request) in, just so everyone worked to the same timescales.

 

During the process of reclaiming you are able to add any further charges added to your account, up until the time the case reaches the court stage. All you do is amend your spreadsheet and add a new copy with each letter you sent to the Hx or court. Once a case is lodged at court you have a set figure for the claim, but the 8% interest is added at a daily rate.

 

However, some people have gone back further than 6 years and have managed to claim their charges back. The Hx have seen saying they will defend such actions, but still give in before it reaches a court hearing. They just pay up and send a letter on the lines of it not being comercially viable to defend the case.

 

You're supposed to believe that's because it would cost them a bomb to attand court with their solicitors, but reading between the lines it is because they are unsure of their ground and don't want to risk the court saying they have to pay up. This would open the floodgates for many more cases to be settled without needing a full court hearing as the Judge would be given details of such a case to influence his ruling.

 

The Hx just try and make it as difficult as they can in the hope they'll put you off, although there is always the risk it would go to court if you are doing something 'different' like this. I'm sure there are a few threads about where this is discussed further:

http://www.consumeractiongroup.co.uk/forum/halifax-bank/51169-missy-halifax-over-6-a.html

http://www.consumeractiongroup.co.uk/forum/halifax-bank/41508-over-6-years.html

http://www.consumeractiongroup.co.uk/forum/halifax-bank/30737-thurley-halifax.html

- there may be more, that's just from a very quick search.

 

In the end, it's up to you if you want to go further than the 6 years. You have to make sure any communication you send states what your claim is, and quotes the correct legalities I would imagine. Most people have gone for the 6 years and been happy with that from what I've read on here.

[jayneuk]

Hmm don't know what to do. The Thurley thread seems to end rather abruptly and with no conclusion, so I'm thinking maybe it's best to just stick with the 6 years and not get greedy! I will wait to get the statements anyhow, and see what the figures are.

[TideTurner]

Jayne, what was the date you discovered that all of the charges you had paid were unlawful?

[jayneuk]

A few days ago!

[TideTurner]

The Limidation Date should commence from that date if you can show concealment S32(1)(a)(b).

 

It is also considered to be the date that you first complained to the Bank. I am claiming all of my charges, in the belief I didn't know the charges were unlawful until recently. I am also claiming damages for loss of appreciation on my property, stress and relocation expences.