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    • Apologies dx100uk  I did not put the answers in red  Thank you all for your patience. H
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? Overdales solicitors  How many defendant's  joint or self ?  Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account 4546384809766042. The defendant faild to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. The dbt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  Online but it was for a smaller amount they kept on increasing this with me asking Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor?  Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment?  May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
    • what device are you using? copy all the questions then come here to this thread and paste them. then answer each question click on red give answers here. when done  hit submit reply bottom right.  
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foaf26907 vs Halifax (& Natwest)


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hi all I have been impressed by the number of cases and I am determined to put mine through. I've recieved back from them a print out of charges from local branch over the last 6 years totalinbg £1301.

I have some questions though.

 

1. I am concerned because I do not have an agreed overdraft on my account as I opened the account just before I was made redundant at work and went immediately on to Benefits the Halifax refused to upgrade it to a full checking account with OD facilities as I no longer had a salary coming in. Can I still apply for refund of charges? I know one of teh letters dose state "refund for all charges" but is this OK for me?

 

2. As I sent my DPA request to my local branch St Albans and they replied am I better of sticking with them or should I go directly to the Head office & just enclose a copy of the reply with my next letter ?

 

Thanks Foaf

P.S Has anyone out there had a refund from St Albans branch ?

I'm also waiting a respone to my DPA request from Natwest as well.

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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Guest Lueeze

All the answers to your questions are on the forum, Honest!

 

Please read the FAQ's and everything else 1st beforehand.

 

It doesn't matter if you have an OD or not, infact alot of people dont have one.

 

If you had a response from the branch then stick with that, they have an intenal mail system in any case!

 

Hope this helps,

 

Lou

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thanks I did try doing a "search" to get answers but couldn't find answers but thank you for your quick reply.

 

DPA Halifax 13/04/06

Reply List of charges 18/04/06

 

 

DPA Natwest 13/04/06

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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Guest Lueeze

Just out of interest id halifax end all your statements? Im just checking the amount is accurte as some bank have been known to accidently "miss" charges off !!!!!

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actually I got a list a charges excerpt of letter recieved from Nikki Rice St albans

 

 

Data Protection Act disclosure request.

Turning to your request for an exhaustive list of charges. Whilst I acknowledge it is your legal right to apply formally under the Data Protection Act for all the records we hold on you, your request is very specific. There is normally a £10 charge for a formal request, however in the interests of customer service I have provided a list of your bank charges for the last six years, free of charge. As well as the charges on the list there was a charge that debited on the 19th April for the sum of £39 and a charge pending to debit on the 31st May for the sum of £28. if you still want to pursue a formal request please let me know.

I understand that you would like to receive information about our manual intervention on specific transactions. We are under no statutory obligation to record the information you require and thus are unable to comply with your request.

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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Guest Lueeze

Ok that seems fine, just thought Id warn you as its happened before to a couple of people!

 

Lou x

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have just read a very informative thread on Halifax's refusal to discolse MI. I also got the same letter but didn't think to follow it up. I saw in the other thread the way to go about it is to request an appointment to view the info at the bank. Does this have to be done ? there was some reference to the bank possibly using it in court ? I have already sent my 2nd letter as they sent me a print out of all charges. SHould I wait for a response and request an appointment to view MI at the branch?

thanks

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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have just read a very informative thread on Halifax's refusal to discolse MI. I also got the same letter but didn't think to follow it up. I saw in the other thread the way to go about it is to request an appointment to view the info at the bank. Does this have to be done ? there was some reference to the bank possibly using it in court ? I have already sent my 2nd letter as they sent me a print out of all charges. SHould I wait for a response and request an appointment to view MI at the branch?

thanks

 

I wouldn't worry too much about that, you can show you have asked for the information and you were refused, should it get to court (which is doubtful!)

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ok thanks

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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  • 3 weeks later...

progress receieved letter today in response to my LPA. Offer of £245 usual splurge about my responsibitly to make sure funds are available yada, yada, yada.

 

I will decline & request full payment within 14 days and start preparing by court docs.

 

Do I need to send another LPA or is a letter of refusal enough.

 

BTW contact details

 

Louise Curran

Customer Realtions Manager

Core Business Team

Customer Relations

PO Box 548 Leeds LS1 1WU

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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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.

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  • 2 weeks later...

Filed claim online. Is it OK that I rejected the offer they made and said they had to refund me in full ? i.e that I didn't accept the offer as partial payment.

 

Total claim now up to £1800.00

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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Filed claim online. Is it OK that I rejected the offer they made and said they had to refund me in full ?

 

Of course it is. It's your money, go for the full amount.

 

Good luck.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 3 weeks later...

To quote Dora the Explorer " Hey we did it"

Full refund with standard letter saying no admission of liablity blah, blah, blah

 

Thank so much for all your help.

Now on to Natwest

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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gladly completed survey, made donation and booking family holiday

 

may get some more holiday spending money off Natwest :)

 

Thanks every1 for all your help & advice

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Thanks Foaf26907

Claim filed 30/01/07

2nd Request £1500 nov 06

Prelim Request £1500 16/10

Lloyds Data Protection Act 07/08

------------------------------------

Abbey Credit card settled £266 11/06

NatWest paid in full £3770 04/08/06

Hurray Halifax Paid in full £1820.00 28/05/06

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