muggins73 v Halifax

[muggins73]

Yesterday I received a letter from the Data Protection Consultant, HBOS plc, Trinity Road, informing me that the information I have requested would be ready and waiting for collection from my local branch the following day.

 

Today, I collected 14 pages of statements going from Jan 2001 back to Sept 2004.

 

Now considering that my account was actually opened on 07-06-1990 and closed on 14-09-2004 they have, technically, provided me with less than three years worth of (what they deem) the statutory six years woth of 'information' The chap in the branch, on checking his computer, assures me that this is the only information they have on record and thinks it is to do with the fact that due to the fact that they have 1,000s of customers they cant keep all the information stored.

 

I used the non-compliance DPA letter template, and adjusted to suit, which is ready for the off tommorrow morning. Can anybody advise me on whether I am correct in sending it, as they are legally obliged to fullfill much more by way of a SAR? Or, am I barking up the wrong tree, and I should bite the bullet and get on trying to reclaim the charges listed on the information (albeit rather sparse)?

[muggins73]

Yesterday I received a letter from the Data Protection Consultant, HBOS plc, Trinity Road, informing me that the information I have requested would be ready and waiting for collection from my local branch the following day.

 

Today, I collected 14 pages of statements going from Jan 2001 back to Sept 2004.

 

Now considering that my account was actually opened on 07-06-1990 and closed on 14-09-2004 they have, technically, provided me with less than three years worth of (what they deem) the statutory six years woth of 'information' The chap in the branch, on checking his computer, assures me that this is the only information they have on record and thinks it is to do with the fact that due to the fact that they have 1,000s of customers they cant keep all the information stored.

 

I used the non-compliance DPA letter template, and adjusted to suit, which is ready for the off tommorrow morning. Can anybody advise me on whether I am correct in sending it, as they are legally obliged to fullfill much more by way of a SAR? Or, am I barking up the wrong tree, and I should bite the bullet and get on trying to reclaim the charges listed on the information (albeit rather sparse)?

 

Bump, pls.

 

I didn't mention that the statements provided doesn't even detail my charges properly, they meerly state 'charges as notified' which REALLY helps:-o I also have not idea what my overdraft limit was at the time of the debit interest charges so my schedule of charges is incomplete:-x:-x

[muggins73]

Bump, pls.

 

I didn't mention that the statements provided doesn't even detail my charges properly, they meerly state 'charges as notified' which REALLY helps:-o I also have not idea what my overdraft limit was at the time of the debit interest charges so my schedule of charges is incomplete:-x:-x

 

CAN SOMEBODY GET BACK TO ME ON THIS PLS? NEED TO SEND DPA NON COMPLIANCE LETTER ASAP AS I WANT TO GET IN BEFORE THE OFT PUT A SPANNER IN THE WORKS WITH THIS CAPPED AMOUNT.

[muggins73]

To all my fellow Halifaxions', I've just received a call from a lovely lady called Louise from the Data Protection dept in response to my query regarding the lack of informatioin they have provided me with.

Louise has just informed me that the std SAR letter in the templates section is no good, as far as HBOS plc is concerned, when requesting a complete breakdown of our banking history. All this will do is get you a copy of your statements and a simple letter clarifying whether or not there has been any manual intervention:confused:

In order to request a complete breakdown you have to add in the title 'Full Formal Request' for information.

Louise is now in the process of finding out how long it's gonna take them to sort this out. I have reminded her that had I sent a DPA non compliance letter (which is draughted and ready for the off) they'd have 7 days to comply.

Watch this space.

I can tel you, I'm getting rather frustrated with Halifax, is it any wonder I closed my account 3 years ago:rolleyes:

[survivor]

Bump, pls.

 

I didn't mention that the statements provided doesn't even detail my charges properly, they meerly state 'charges as notified' which REALLY helps:-o I also have not idea what my overdraft limit was at the time of the debit interest charges so my schedule of charges is incomplete:-x:-x

 

Muggins,

Unfortunately, I can't help with the DPA Non-compliance as I had no problems.

With regard to the statements, just fill in the spread sheet, and where it asks for reason, put 'charges as notified. As far as 'interest debited -notified last month' goes, I claimed for all of those entries on my statements and got full settement after filing N1 @ court - money in account today . IMHO, it may be worthwhile doing the same, mine only totalled £250 (ish) over 5 years

Keep us all informed how you get on with you DPA non-compliance...

Survivor

[progenic7]

Hi Muggins i just received my statements from the Halifax the other day, and all i received was the copy statements and nothing else. Even after the adapted SAR i made up (i think you have seen it )

i think they were pi***d off with me so they did that on purpose to make me fight, to be honest im not that bothered anyway because i have what i want.

 

BTW whats the deal with the capped limit ?

[muggins73]

Muggins,

 

Unfortunately, I can't help with the DPA Non-compliance as I had no problems.

 

With regard to the statements, just fill in the spread sheet, and where it asks for reason, put 'charges as notified. As far as 'interest debited -notified last month' goes, I claimed for all of those entries on my statements and got full settement after filing N1 @ court - money in account today . IMHO, it may be worthwhile doing the same, mine only totalled £250 (ish) over 5 years

 

Keep us all informed how you get on with you DPA non-compliance...

 

Survivor

 

Hi survivor and thanks for the response.

The spreadsheet side of things I've got pretty much covered (especially after having won against Natwest) its just this SAR request is really bugging me. With my other claim I already had all the information I needed to start proceedings, so having to request this information is a new one on me. It's soooo frustrating when you have to deal with so many people who do not know their a**e from their elbow:p

Anyways had a response from the nice lady called Louise whom has managed to wangle a complete set of my statements from the date I opened the account (1990) which should be with me within the week:o It's amazing how much you can acheive when the person you are dealing with actually realise you know what you are talking about:D

 

Hi Muggins i just received my statements from the Halifax the other day, and all i received was the copy statements and nothing else. Even after the adapted SAR i made up (i think you have seen it )

i think they were pi***d off with me so they did that on purpose to make me fight, to be honest im not that bothered anyway because i have what i want.

 

BTW whats the deal with the capped limit ?

 

Worth having a look at this thread, my fav lady bookworm has answered this extremely well me thinks

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/70300-oft-opinion-impacting-our.html

[progenic7]

Lol just as i thought, the cap stuff is crap for want of a better word

 

The OFT have never said that £12 is the correct limit, just that anything over this will certainly be dealt with as such.

They dont even recommend the rate being £12 which the banks have taken it to mean, anyway dont worry about any cap because there wont be one.

 

Cant wait for the post in the morning MBNA and Barclays are on their last day before breach of the DPA, followed by one of my snottier letters

 

My New Prelim take a read if you get chance, all welcome to steal or borrow ;-)http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/59099-progenic-halifax.html

 

Enjoy the weekend !

[muggins73]

Yep, I think crap is justified:D

 

Let's wait and see though, I'm sure the banks will try and use this as an excuse to reduce payouts and increase profits.

[progenic7]

Yeah maybe, though i think that would be a pretty hard job for them to show in court, especially the charges that are from before April 2006.

But we'll have to see...

 

keep up the fight !

[muggins73]

I'm right there with ya, but they've been getting away with murder for this long, nothing surprises me anymore.

[muggins73]

I need clarification on exactly how far you can claim back on the statements they provide you via the SAR.

I am aware that you can claim up to six years, but my account closed in 2004, so technically 6 yeaars in my time runs from 1998 - 2004. After a long hard fight I've finally got Halifax to give up the ghost and provide me with a complete list of transactions since my account opened in 1990. This was after them stipulating that by law they only kept 6 years worth from present day, which in their time runs from 2001- 2007. So it goes to show they are a bunch of fat cat liars!!!!

What I ask is that somebody just clarify to me that either yes, I am able to claim from 1998 - 2004 when my account opened, or no it is 6 years from present day which means 2001 - 2004.

[progenic7]

Muggins...Hi

 

Firstly on the subject of the data protection act, the bank (or whoever you are making siad request to) has to fully disclose ALL personal information to you, no matter how far back it goes.

 

Secondly it would be very suspect if the bank told you they only keep exactly six years worth of data..think about it the data controller would have to update every single file on every single person on a daily basis to make sure they only had precisely six years worth of data. If the account is live the bank will have all the data from the day you opened the account, even if the accounts closed they would almost certainly have all the data from day of opening the account.

 

The subject of the six year time barring period actually runs from today, or atleast from when you first requested the charges back (ie not long ago) by means of the Prelim letter.

Though all is not lost, me myself i wouldnt worry about the six year time barring period (PM me if you want more info here) there is alot of great case law around on this issue to back up our argument and under s32 of the Limitations Act we have the authority under statute.

So put simply i would claim from 1998 like you said and dont worry about what the defence says.

Have you done your prelim or are you using the one from the templates library ?

I have one you can modify if you like (i can add extra case law for you at a later stage) even though i say so myself i think its pretty punchy and gets the message over.

 

best regards

 

Johnny

[muggins73]

Muggins...Hi

 

Firstly on the subject of the data protection act, the bank (or whoever you are making siad request to) has to fully disclose ALL personal information to you, no matter how far back it goes.

 

Thanks progenic but I am aware of this:-)

I think the fact that I made this clear to Halifax, showing them that I was no pushover and knew my onions, swayed it somewhat. In the first instance Halifax had no intention of providing me with any additional information stating that they couldn't find anymore, oh yeah, and that they have 1000s of customers couldn't possibly keep everyones details blah, blah, blah. When I told them that I had already been to court once over charges their ears pricked up and they are not only providing me with a full 6 years worth of statements but the whole lot, as they are required to.

 

Secondly it would be very suspect if the bank told you they only keep exactly six years worth of data..think about it the data controller would have to update every single file on every single person on a daily basis to make sure they only had precisely six years worth of data. If the account is live the bank will have all the data from the day you opened the account, even if the accounts closed they would almost certainly have all the data from day of opening the account.

 

The subject of the six year time barring period actually runs from today, or atleast from when you first requested the charges back (ie not long ago) by means of the Prelim letter.

Though all is not lost, me myself i wouldnt worry about the six year time barring period (PM me if you want more info here) there is alot of great case law around on this issue to back up our argument and under s32 of the Limitations Act we have the authority under statute.

So put simply i would claim from 1998 like you said and dont worry about what the defence says.

 

I am more than likely to panic every so slightly once it reaches this stage, but that's normal for me, if you don't mind I'll pm you for reassurance that, like Natwests, it's a loada rubbish

 

Have you done your prelim or are you using the one from the templates library ?

I have one you can modify if you like (i can add extra case law for you at a later stage) even though i say so myself i think its pretty punchy and gets the message over.

 

PRELIM, is draughted and ready for the off as soon as I receive the rest of the information I've requested. They've got until Wed next week, then I hit them with the DPA Non compliance thingy bob, which again is draughted and ready to go.

Is your 'special' prelim posted on your thread? Cause I fear that in my minimal amount of experience these corporate a*** h**** do not listen to the likes of you and I. however, I am willing to give anything a go in order to better the cause

[progenic7]

Hi muggins,

 

yeah feel free to PM whenever you like, i have a fair amount of case law and statute to back that argument up (i just dont want it in an open forum right at the minute)

 

yeah i have just about finished my Prelim drafted and ready, its in all my threads but the best version is this one i think

 

help yourself http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/59100-progenic-rbs-advanta.html

[dpick]

Hi muggins73 I posted my SAR 17/1/2007 got usual letter saying they authorised sending statements would recieve in next 10 days they arrived after 43 days. Some get them sooner some later but 43 days seems to be standard drag their feet Halifax`moneygrabing tatic.

 

good luck dpick

[muggins73]

Thanks dpick for the insight.

I'm hoping to receive the rest of my information by Wed/ Thurs this week.

To be honest, I think the banks are all as bad as eachother...abit like politicians really, you have to take everything they say with a pinch of salt;)

Good luck with your claim.

[progenic7]

Hi Muggins,

 

so what have you received up to date ?

all they sent me was copy statements, they didnt even include information on phone calls or letters sent out ect like most of them do.

The info i got from RBS was great, and also online finance, but halifax just the statements and thats it.

 

I did send a few letters while waiting for them to comply, and made my SAR very strong and very clear, but hey ho

[emmaf01]

Right,I had the same problem with the Halifax and their non-compliance with the data protection act. How I resolved this was to talk to Phil Giaramita, review manager at customer relations on 01212341068.

 

This wonderful individual printed out the necessay statements as we spoke, and I had them within 24 hours.

 

Worth a try?

[muggins73]

Hi Muggins,

 

so what have you received up to date ?

all they sent me was copy statements, they didnt even include information on phone calls or letters sent out ect like most of them do.

The info i got from RBS was great, and also online finance, but halifax just the statements and thats it.

 

I did send a few letters while waiting for them to comply, and made my SAR very strong and very clear, but hey ho

 

I don't make a habit out of saying this, but I told you so.

Have had copy statements so far, apparently, and according to their DPA Dept, Halifax do not do any manual intervention.

My acknowledgement has gone to the wrong address and a copy of the letter they wrote in response to the manual intervention part of my SAR is on its way along with a complete list of transactions from 1990. We shall just have to wait and see what we gets:)

[muggins73]

Well I've waited and waited and waited and still haven't received all the information they promised:mad: I've left several messages with their DPA dept The very helpful and ever so apologetic lady Louise has called me back to say the only thig she can do is get on to them again. It seems that the idiots at Halifax bank may have sent it all to the woong address again:-x:-x

 

Their time has expired and they've been issued with a DPA Non compliance LBA, deadline Monday. I really do not want to have to issue court proceedings to get them to comply and again to get them to pay up.....but needs must, my patience is definately running a little thin!!!!!

 

I'll keep you posted.

[muggins73]

Still nothing in the post, and am I p****d:mad:

 

Really, really do not want to start court proceedings at such an early stage, as i may be debt free (thanks to natwest) but I'm still skint!!!!!

 

Patience is all dried up, not sure what to do? Will obviously get on to the DPA dept once again to find out what their excuse is this time round before making a concious decision.

[progenic7]

Hi muggins

 

i know how you feel as mbna did the same to me only in a really snotty, cocky, snearing way to wind me up even more

 

but after my last letter to them, making it abundently clear that i wasnt messing, and that i thought they all were totally incompetent (i had already complained to the ombudsman) and threatened to file an N1 for non complience.

and at the last minute (though weeks late) they finally complied...ha the pussies i thought to myself, as i was looking forward to a good old fashoined fight with them.

Dont give up muggins, use that nager to write a very strong letter, laying out YOUR terms clearly and bluntly, i suggest that may just give them a kick in the ass, they clearly need.

 

Johnny

[muggins73]

Thanks Johnny butI finally got the information I needed in order to start the process this morning.

 

I have just collected 11 years worth of statements and am about to take halifax head on. I've decided to claim the lot, 11 years worth plus interest:eek:

 

Not sure whether I'm brave enough to claim contractual interest as I figure that 'cause my claim goes against the limitation act I'll have enough complicating matters to deal with without it. Can't seem to get my head round the difference between compound and the other one:confused:, cant even find the blasted information on them to help clarify:mad:.

I've been away for a while and feel like someone who's just lost their mojo:o If you could point me in the right direction I'd be eternally grateful:)

[progenic7]

Hi Muggins,

 

i have a couple of threasd worth looking at for advice n stuff, there is a large thread i think bankfodder started about CI, just search for CI on thread tools and you will get loads of threads come up.

 

Keep it up

http://www.consumeractiongroup.co.uk/forum/general/60534-beyond-6-years.html

 

http://www.consumeractiongroup.co.uk/forum/general/3598-do-you-have-charges.html

 

http://www.consumeractiongroup.co.uk/forum/general/51736-excel-contractual-interest-spreadsheet.html

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/56352-josa-natwest-6-years.html

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/33005-bong-hsbc-contractual-interest.html