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ME Vs Halifax


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Hello all,

 

I wonder if anyone has had this experience before. I read through the manuals and several cases to make sure I am doing the correct thing.

 

I sent in my Data Protection Act letter in December 2006, actual date is 28/12/06. I got a letter back from Ken Patton thanking me for the letter requesting specific information on my account on the 24th January 2007. He also said he can confirm that the copies of the duplicate statements have been ordered and will be sent under a separate cover.

 

Since then, I have had no response whatsoever, so I called to chase them up as advised and was told that this Ken Patton is in Business Banking and I should send a new request in as they have no evidence of my letter requesting the data which I did. I checked the back when I sent in the letter and the £10 had been cashed.

 

Where do I go from here? Where do I also count the 40 days from? the 28th Dec I sent it in or the 24 January that this person responded to my request?

 

After calling the customer service complaints team in Halifax, the person I spoke to confirmed that these charges will be sent to me.

Information gives power 8-)

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Hi pta,

 

Since they have already acknowledged, and cashed your tenner, the 40 days since stand from the date you sent the letter (give or take a couple of days posting grace). Ignore what they say about sending a new request, that is absolute tosh. 40 days have long been and gone, so now send them a letter of non-compliance:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Use template 2 since you haven't received anything yet. They should send the statements after seeing this. If not, you can issue a court claim on them for non-compliance of the DPA.

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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IMHO, you have had acknowledgement from them, so I would count the 40 days from your original letter (December) as they have taken you £10. Taking the date of reciet of your letter as 30th December, they should have replied by Friday 9th Feb.

I strongly believe that this is a stalling tactic. I have been told by Halifax that they have a huge workload dur to people submitting claims, and there is another post that I have read today where Halifax have said that they will be struggling to meet their own timescales.

Try this link for template letters to send to the bank:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

and also try this link - someone else with a similar problem:

http://www.consumeractiongroup.co.uk/forum/halifax-bank/48447-missus-halifax.html

Hope you find some useful advice / info in these links...

Survivor :cool:

  • Haha 1

If you found my advice to be useful, then please click the scales to the left - Thank you.

 

Halifax - 13/01/2007 - Prelim sent

Halifax - 27/01/2007 - LBA

Halifax - 19/02/2007 - Filed N1

Halifax - 21/02/2007 - Telephone call from Halifax offering FULL SETTLEMENT (inc costs & 8% s.69) - RESULT!!

 

Advice & opinions given by Survivor are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Crash/Survivor,

 

Thanks for the advice and links. I will be sending them the letter for non compliance today.

 

Guys, I have access to online banking and can probably work hard and get my charges online. Should I send a Claim letter in while pursuing a responce to the letter of statement requests? Only, i don't want to short change myself if I could have claimed much more because the statements would go further than the online statements.

Information gives power 8-)

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pta, you can by all means start a claim with the charges you have details on. You can always add more charges later, all the way up to when you file your claim in court.

  • Haha 1

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hey guys, need directions please!

 

After speaking to the Halifax on monday 13th Feb, they sent me two sheets of paper with all the bank charges to date totalling 2746......can you imagine?

 

Anyway, While reading round as advised, I have realised that most people get statements etc but I only have two sheets of paper with all the charges outlined, does that matter?

 

When I send off the letter, can I just tell them the total figure or do I need to use the excell spread sheet from the Forum, I was unable to download the spreadsheet when I tried, I got access denied.

 

please help get this money back.......

Information gives power 8-)

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pta, a couple of things - They seem to have done all the work for you which is good...but how much do you trust them? :) You said you have some statements on you. It might be worth matching up the charges on there to the charges on the list that Halifax has sent you...to make sure they tally.

 

I would send off a prelim with the total figure PLUS a copy of the two sheets they have sent you, so that they can see the breakdown of dates/charges. No need to use an excel spreadsheet if you already have a breakdown, although you may need to use the spreadsheets at court stage to work out your 8% interest :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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