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monkey_uk -v- Halifax (Bank accounts and credit card)


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SAR sent 28/02/07

 

I'm intending to also claim contractual interest on this one.

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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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  • 2 weeks later...
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Still awaiting a response to my SAR

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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Oh yes, I'm well aware that they've still got time left!

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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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  • 3 weeks later...

No reply yet. Just called their legal dept and asked them to give the relevent person a prod for me, advised them that 10th April is the deadline, and that I'd quite happily take them to court to get the information, but I'd rather just get it sent asap so as to not inconvenience myself. She chuckled. lol

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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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  • 2 weeks later...

Still nothing...

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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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  • 2 weeks later...

credit card statements received today. no notes though, and still no sign of bank account statements and notes.

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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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bank account (x2) statements received today, along with a reply regarding manual intervention.

 

 

Dear monkey_uk

Completion of Request For a List of Transactions and Charges - Account Nos. XXXXXXX & XXXXXXXX

 

Thank you for your letter requesting the specific information for the above account. Please find enclosed statements for the dates specified.

 

If you have requested information relating to manual intervention on your account, I regret that 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 you data can be found on the Internet under the Security and Privacy section of 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.

 

Yours sincerely

 

Richard Ingham

Data Subject Access Request Team

Customer Relations

 

Hmmm...funny how they always know about previous conversations when I call them, despite them seemingly saying that they don't hold such data.

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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Ok, Halifax Bank Account "S":

 

Charges = £882.00

Contractual Interest at 28.8% AER = £964.40

Total (at time of writing) = £1846.40

 

Charges = £882.00

Interest at 8% APR = £201.11

Total (at time of writing) = £1083.11

 

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

 

Halifax Bank Account "M":

 

Charges = £280.00

C.I at 28.8% AER = £588.85

Total (at time of writing) = £868.85

 

Charges = £280.00

Interest at 8% APR = £99.77

Total (at time of writing) = £379.77

 

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

 

Total for both accounts:

 

Charges = £1162.00

Charges inc CI at 28.8% AER = £2715.25

Charges inc interest at 8% APR = £1462.88

 

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

 

Visa:

 

Charges: £182.50

Interest at 29% APR = £182.14

Total in CI at 29% APR = £364.64

 

Interest at 8% APR = £38.74

Total inc interest at 8% APR = £221.24

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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The above figures are subject to change. I'm still finalising the figures

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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Prelims for bank accounts and visa sent today

 

custom lba for dpa sent today

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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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  • 3 weeks later...

LBA for bank accounts and credit cards sent 14th May 2007 SD.

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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Offer received: £110 for Visa.

 

 

Dear monkey_uk

 

Thank you for your communication regarding your account and I regret that you have found cause for complaint.

 

I am sure you will appreciate that like other organisations, we incur costs for administering your account for late/unpaid payment or overlimit situations. The Bank believes that it is fair to pass these costs on to the accounts affected, rather than absorb them in to other areas of our organisation, penalising all our other customers as a result.

 

HBOS clearly outlines our charging policy in the Terms and Conditions that apply to your account. In addition, we are committed to complying with the Banking Code, which sets out standards of good banking practice for banks and building societies to follow when dealing with personal customers.

 

I am prepared to offer you a refund of £110 which represent half the charges applied to your account.

 

If this is agreeable to you, please sign and return the enclosed acceptence form to allow us to complete the refund to your account.

 

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.

 

I'm not even going to dignify that with a response.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Hi Monkey,

 

 

Did you include the request for the 29% interest in yor prelim letter? I'm claiming on my CC account but didnt add any interest. Do you know if i can add it at the court stage plus the 8%?

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Yes, I asked for it in the prelim and the lba's.

 

This is how you should do it, you can't really change things when it comes to the court stage.

 

It's up to you how to proceed, whether to go ahead and file your claim with s69 8% interest or send the prelims and lba's again with contractual interest added.

 

Either way, if you've not done so already, start a thread on here and keep it as your diary.

 

 

Best of luck!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Yes this half is standard offer. It will look good in court if you send acceptance letter in part-payment only. This will be in templates library and will not have an effect on time schedules.

 

Thanks Sally, though up until court I know what I'm doing as I'm very experienced in all this (I'm an ex-mod of this site!).

 

I don't believe the court will forwn upon me not accepting their offer. I'm not in a great rush for the case (though I'd like it in the next month or two!) so I have no reason to accept really.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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sod off letter received 17th may for bank charges.

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The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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  • 3 weeks later...

Just got back from my holiday, and found that there's an entry on my online banking statement for my bank account "30 May 2007 Cash 581.00"

 

Now I've no idea where this is from, but suspect it is Halifax using sly tactics.

 

I'm going to ring them in a bit.

 

I'm also preparing my MCOL to submit, probably today

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Just called them the amounts are from them: £140.00 and £441.00 totalling £581.00

 

They allegedly sent me a letter on 30th May telling me that they were crediting this amount to my account.

 

I'm awaiting a call back from the charges department, chap called Jonathon Foulkes who was apparently the guy who put the money in there.

 

I'm going to tell him that I will accept £375.94 of this amount as full settlement of my Visa claim, and then I'll have to talk to him about the rest!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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called visa dept who are offering £220.00 which they say is the amount they've taken in charges, against my £182 figure that they've taken.

 

Explained I'd accept in partial settlement and gave them a deadline of 3pm today to either reject this proposal, credit my visa with £220.00 as partial settlement or credit it with £375.94 which represents £182 they've taken in charges plus interest at 28.8%APR compound of £193.44.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Oh yea, regarding the credit made to my accout earlier, I've made them aware that this is strictly as partial settlement (I've not signed anything anyway to say I accept it as full and final) and my claim is going in as we speak.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Linda Ferguson just called me back and refused to partially settle the Visa claim

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Noticed yesterday that the £581 wasn't in my account anymore. It'd not been just debited from my account, the transaction had totally disappeared. Luckily I pre-empted this and took a screenshot of my online statement with it showing!

 

Spoke to my contact there yesterday and she said it'd been taken out as I was only accepting it as part settlement.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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