Netyard Vs Halifax Plc

[Netyard]

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19/12/2006 - Sent - Subject Access Request

 

Started the ball rolling with the S.A.R - (Subject Access Request) letter and a cheque for £10 to cover the fees.

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29/12/2006 - Received - Subject Access Request Confirmation

 

Dear Sir

 

I would confirm that we have received your request for information in relation to Transaction and charges. Under the Data Protection Act, HBOS has 40 days from receipt of your request to provide the required information, I would therefore advise you that you will receive a response no later than 6th February 2007.

 

Yours Sincerely

Data Subject Access Request Team

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05/01/2007 - £10 Cheque cleared for Subject Access Request

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15/01/2007 - Received - Completion of Request

 

Thank you for your letter requesting specific information on your account with us. I can confirm that copies of duplicate statements have been ordered and will be send under separate cover. If you have not received these within the next 10 working days would you please advise us on 01422 391152.

 

If you requested information relating to manual intervention on your account, I regret HBOS PLC is under no statutory obligation to record this information and therefore, I am unable to assist further with your request.

 

Should you have any general account queries, please contact 24 hour banking on 08457 20 30 40.

 

Details of how we use your data can be found on the Internet under the Security and Privacy section at Halifax Online - UK Banks, Finance, Telephone & Internet Banking or Bank Of Scotland - Home -. If you would like a copy of the registered Data Protection Notification details, this can be found at ICO – Information Commissioner's Office. Alternatively, please let me know if you would like me to forward a copy of either to you.

 

Your faithfully

 

K Patton

 

Ken Patton

Data Protection Consultant

Business Risk - Retail

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[Netyard]

I found this great tool www.timeanddate.com - Date it can calculate how many days have gone past ie., the 40 days Data Protection Act etc.....

[doo]

Netyard, welcome to the halifax forum. The ball as started rolling..........

[Netyard]

Thank you (doo) I have tried to phone Halifax today as I have still not yet received my statements, I tried to ring 01422 391152 and some guy answered not even saying who they were, just like Hello!? I said I got a letter and waiting for my statements as it said I would receive them within 10 working days which has passed, they asked for my account no and that they would ring back today.... still no phone call as of yet!

[Netyard]

03/02/2007 - Received All Bank Statements

 

I had received all my bank statements just before I was about to go to work and post the LBA. I have noticed that I have 3 bank charges for £5.00 and I do not remember what they were for, should I still put these down for me to claim them back?????

[Netyard]

03/02/2007 - Sent Preliminary Letter

I have been awake for 24 Hours:eek: double checked all of my bank statements (6.5 years worth) and filled out the schedule of charges, only thing is I had a problem downloading it from CAG as the open office version was a zip file with a few files in nothing to do with Openoffice so I had to change the excel version to work with openoffice, anyhow its all done!

Halifax PLC

Trinity Road

Halifax

West Yorkshire

HX1 2RG

Saturday 3rd February 2007

Request for Repayment of Charges

Dear Sir/Madam

ACCOUNT NUMBER: XXXXXXXXXXXXXXXXX

 

 

My request.

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years and seven months. 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. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

 

 

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by The Office of Fair Trading (OFT) who reported on April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

 

Your responsibilities.

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.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

 

 

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

 

What I require.

I calculate that you have taken £2,083.00. I enclose a schedule of the charges which I am claiming with this letter.

 

 

My targets to resolve this matter.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully

 

Netyard

[Netyard]

08/02/2007 - Received Standard Letter

 

Halifax PLC

Customer Relations

PO Box 548

Leeds

LS1 1WU

 

6th February 2007 Telephone: 08457 25 35 19

Fax: 0845 1281385

Our Reference XXXXXXXXX

Roll Number: D/XXXXXXXX-X

 

Dear Mr Netyard

 

Thank you for your letter, which was received at this office on 6th February 2007.

 

I am sorry to hear that you are unhappy with charges applied to your account.

 

We're keen to deal with your concerns as quickly as possible. A Customer Relations Manager will investigate the points you have raised and you will receive a reply shortly, but certainly no later than 4 weeks.

 

You will find enclosed a copy of our leaflet, which tells you how we handle your complaint.

 

Your concerns will be dealt with us as quickly as possible, but to help us deal more efficiently with your enquiry, please quote XXXXXXXXX when writing or telephoning the number at the top of this letter.

 

Your Sincerely

 

 

 

 

Joanne Bunn

Customer Relations Officer

Customer Relations

 

Enc. Personal Customer Complaints - Here's what we'll do

[Netyard]

On 3rd Feb 2007 I sent off the Prelim letter but I wrote on it the date as 3rd January 2007 by mistake! Stupid I know!!

 

Will this affect anything and I now need to send of a reminder letter just to tell them how many days they have left before the LBA shall I just count the days from 3rd February 2007 or what ? please someone advise.

 

Netyard

 

29/12/2006 - Claim back Halifax Charges

31/01/2007 - Remove Default NTL:-|

31/01/2007 - Remove Default Littlwoods:-|

31/01/2007 - Remove Default Vodaphone:-|

31/01/2007 - Remove Default Egg Banking Plc:-|

31/01/2007 - Remove Default Close Motor Finance:-|

[hazzersdad]

Is that the letter halifax have acknowledged as receiving on 06/02/07?

Dont think it will be a problem

[doo]

I agree, just carry on and keep to your timetable.

[Netyard]

Hi Hazzersdad yes the letter refers to 06/02/07.

 

Should I wait until the 14 days are up then write a LBA giving them another 14 days prior to MCOL?

 

I have just read the whole of jonni2bad's claim against Halifax and how it went to court (available by clicking here) It was like reading the Da Vinci code all over again, definitely worth reading the thread.

 

Off to buy some food im soo hungry back in a mo

[sea-sidelady]

Yes, its prelim...14 days

LBA.......14 days

Mcol or N1.

 

That is your time table. You need to stick to it. They will prob send you a letter saying they will be in touch in 4 weeks. Standard letter, if so ignore it.

 

Hope you nice and full now..!!

[Netyard]

Thanks, I have received a letter today 08 Feb saying exactly that do they only work on weekends or something? LOL

 

I will send them my LBA on the 19th Feb if I have not received anything from them as that is about 14 days after they received my Prelim, I will go ahead with MCOL after if no response.

 

I've already registered with MCOL so all I have to do is file a claim,

 

Expect the worse and enjoy the best!

 

PS I am now full, I should stop going Tesco late at night but... I had to buy some more shoes for work tomorrow as mine fell apart in the snow and rain today:o

[AtMoSpHeRiC]

Hi Net I am at the exact stage as you are... sent off prelim on the 2nd of feb.. I recieved my standard letter from them today saying they will get back to me in 4 weeks! But sticking to MY timetable! Will Keep an eye on your thread!

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank/61099-atmospheric-halifax-plc.html?highlight=AtMoSpHeRiC

 

here is my thread if you want to have a gander

 

AtMoSpHeRiC X

[Netyard]

19/02/2007 - Sent LBA - Not got money back yet

 

Halifax PLC

Trinity Road

Halifax

West Yorkshire

HX1 2RG

Monday 19th February 2007

Letter Before Action

Dear Sir/Madam

ACCOUNT NUMBER: XXXXXXXXX

 

 

I am very disappointed that you have failed to respond to my letter of the 3rd February 2007.

 

 

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.

 

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

 

I calculate that you have taken £2,083

 

 

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 3rd February 2007

 

 

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 a claim under ss.7 and 13 of the Data Protection Act 1998 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,

 

 

Netyard

[Netyard]

27/02/2007 - Received Offer - They gave me an offer but not enough

 

Halifax PLC

Customer Relations

PO Box 548

Leeds

LS1 1WU

 

 

26th February 2007 Telephone: 0191 2357810

Fax: 0845 1281385

Our Reference XXXXXXXXX

Roll Number: D/XXXXXXXX-X

 

Dear Mr Netyard

 

Your Bank Charges

 

Thank you for your recent letter about charges to your account. I am sorry you are unhappy, but pleased I may be able to help.

 

I am arranging for a payment of £952.00 to be made to you in full and final settlement of your complaint. I'd like to explain what accepting means to you.

 

Why you have been charged

 

We offer free banking, which means your account is free to run, as long as your account is in credit or within an arranged overdraft limit. I enclose a leaflet explaining when changes will be incurred for your information.

 

You asked how we calculate the amount of the charges. As this is commercially sensitive information, please understand that I can't break this down for you.

 

You also referred to the Office of Fair Trading statement on credit card charges. As the statement did not apply to bank account charges, I can't comment on it in connection with your complaint.

 

How we can help

 

You're responsible for managing your account to prevent any more charges. You need to know that if the way you use your account means you are charged again, we won't give you the charges back and may close your account.

 

We want to help you to manage your account to avoid any future charges. Our free service make it easy for you to do this. We have Banking Advisers available on the phone and in our branches and you can see all your account activity online and at the cash point.

 

For more information about these services, you can ring Telephone Banking on 08457 20 30 40, visit Halifax Online - UK Banks, Finance, Telephone & Internet Banking or you can call into your local branch or agency.

 

Accepting My Offer

 

The payment of 952.00 is a gesture of goodwill and is made without an admission of liability to resolve your complaint.

 

To accept this payment, in full and final settlement of your complaint, please contact me within this timescale on the above number.

 

You recently received a copy of our leaflet explaining our complaint procedures. Should any of your concerns remain unresolved please let me know what you'd like me to do to put matters right. We are keen to resolve your concerns, if we are unable to do so we'll provide you with details of how you can contact the Financial Ombudsman Service for help. If I don't hear from you in the next eight weeks I will assume you are happy.

 

Yours sincerely

 

Liz Farmen

Review Manager

Core Operations

Customer Relations

[doo]

You can always ring the number and ask for full amount, pointing out when you are due to file court action and that it will save them xxx in interest and xxx in court fees, worked for me and many others, otherwise go ahead with court action, Good luck.

[Netyard]

27/02/2007 - Never guess what?!

 

I thought I would check my bank balance and I was £952.00 up! this was deposited yesterday, I will be sending them a letter telling them to withdraw the money from my account asap and I want all of it!

[Netyard]

28/02/2007 - Sent Refusal Letter

 

FAO: Liz Farmen

Halifax PLC

Customer Relations

PO Box 548

Leeds

LS1 1WU

Tuesday 27nd February 2007

 

Response to settlement offer

Dear Liz Farmen

 

 

Roll No. DXXXXXXXXXXXX

Reference No. XXXXXXXXXXXXXX

 

 

Thank you for your letter dated 26th February 2007

 

 

I respectfully decline your offer of Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totalling £2,083.00

 

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

 

My letter dated 22nd February 2007 (Royal Mail Tracking Reference No. DH XXXX XXXX XGB) indicates that you have until 8th March 2007 to respond before I commence legal action. My deadline remains the same despite your offer.

 

 

I wish to stress that I do not accept your offer and the money £952.00 transfered to my account on 26th February 2007 should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly.

 

 

For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

 

 

I trust this clarifies my position.

 

 

Yours faithfully,

 

 

 

 

Netyard!

[docannie]

Hi Netyard,

I found that £1530 had been put into my account today (Tues)...I'm claiming £4673 & my claim was filed at MCOL last Mon!! Spoke to a Catherine Jones at Halifax, was told they will only pay me back to & including 2001 & not 2000 as I'd claimed...they have started the 6 years back as from 2007 & not 2006 when I requested my statements!! She then offered me £2597 but won't pay interest of MCOL fees!! I'm phoning again tomorrow (Wed) to try & re-negoiate...I'll keep you posted.

I noticed that you're claiming 6 years 7 months so be prepared for them to stick to a 6-year period, good luck!!

[Netyard]

Hi docannie, thanks for the post. I have had the account for 6 years and 7 months but if they only pay 6 years I will loose about £50 so not worried about that. I was surprised to see the £952 extra in my account but it's dirty money and I won't touch it until they pay me a reasonable amount at least £2,000 they can keep the £83 as a gesture of good will

 

I've decided not to have any contact via phone and everything done in writing as I am fully prepared to go to court, I would love to see a disclosure order on Halifax

You asked how we calculate the amount of the charges. As this is commercially sensitive information, please understand that I can't break this down for you

 

Good luck with your claim I will look forward to hearing how they respond to your phone call

[AtMoSpHeRiC]

Hey Net

 

I have not heard anything from the Hellifax yet! Congrats on getting SOME of your money back.. I would call them if I were you..

 

AtMoSpHeRiC

[doo]

How interesting, is this a new tactic from Halifax, paying in what they have offered before you accept, not on halifax forum much now as have completed my claims here and am now chasing others so maybe I have missed the change in tactics.

[Netyard]

Update...

 

Still have not heard anything from Halifax! despite yesterday was file in court day which I have not yet done due to work commitments I am going to phone them this morning am feeling a bit nervous about it now (I will actually admit that) not about the court but just phoning them I don't want to slip up and say something wrong...

 

I will phone at 12pm or before so hopefully someone can give me a little bit of advice as to what to say other than you owe me money blah blah blah...

[AtMoSpHeRiC]

Hi Netyard,

 

You will not say something you shouldn't, you willbe fine..you will get all your charges back!Everyone I spoke to was really helpful... especially because it is file for court time...

 

Just tell them you accept the money they have put into your account as part payment but you want all of it.. otherwise that lil MCOL button will be pressed... You will have all your charges back.. they snapped my hand off as i was due to file for court the same day!

 

Keep the faith Net.. I was nervous too... but as someone told me on here, it should be them nervous not us

 

Keep us posted hun!

 

AtMoS X