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    • Thanks for your prompt reply. I have some questions, please: When you say nothing will happen, my 80 year-old mother is worried about potential DCA doorsteppers if/when the debts are sold on - she is a very sweet, quite vulnerable lady and she is worried she may be bullied and harrassed.  If they do come knocking, what should she say?  I told her to say she knows nothing about any of it and they have no right to come knocking on her door and to warn them police will be informed if they come back.  Problem is, I don't think she would be strong enough and can easily be bullied into saying more than she intended once the door has been answered. Next questions: 1)  Should I inform all my lenders that I have moved abroad before defaulting (to avoid the quirky English law loophole thingy that could end up in a CCJ or worse once a DCA gets hold of it)?  2)  Can/should I provide an alternative UK correspondence address to my lenders instead of my mother's home address e.g. my virtual office address for my business - would the lenders accept this as I live abroad now and don't live at my mother's address?  Can I just write and tell them, without any further ado and not get into any further questions about it and cease further correspondence with them and default?  And would this stop DCAs coming to my mother's house as it would not be my current residential address on the lenders files when passed to the DCA?  Do they doorstep previous addresses? 3)  If I don't provide a UK correspondence address will I be at risk of not being aware of any Letters of Claim etc and legal proceedings notices etc not reaching me (there's no reliable postal system in the developing country I've moved to).  Worried this would mean I could end up being taken to court without being aware of it and could end up in a worse situation. 2) What exactly will go on my credit file once I've defaulted, assuming no legal action is taken against me?    4) Should I contact any of my lenders and inform them I have zero assets.  TSB & Sainsburys already have I&E info from me which shows my income  @ £1200/mth is below the combined total of my debt repayments @ £1300/mth and that my income only just covers essential costs of living @ £1200/mth.  Could it be useful to be on my file that I have no assets, so that the DCA clearly see this when the debt is passed to them? Thanks again for any advice.
    • paypal, but i would like to know if anyone knows if there is a certain time limit they have to refund you? thanks
    • Dear lookinforinfo, I'm sorry if I seem stupid, but what exactly am I telling them? -what code/ law / standard have they broken that I will use as an argument in letter? I don't understand the premise of your argument.  I would appreciate it if you could explain it to me clearly and in simple terms so that I understand.  Thank you   
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • Agreed, let them default. Keep everything in writing, if they ring to discuss the accounts over the phone, simply say 'everything in writing please', and hang up. They'll soon get the message. Get all of your paperwork in order too, if you haven't got any, or are missing relevant documents, then you can SAR the original creditor, which is free and they have 30 days to supply the info. Keep a diary of events too. sit back and relax, YOU'RE in control, not them.
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Lifeline V Halifax- Confused!


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ok ive been given this link for you by hagenuk hope it helps you out

banking: firms' right of 'set off'

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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Thank you for that link. Very useful.

 

I am now at 32 days since I sent my SAR and have heard absolutly nopthing yet. Can anyone suggest the best number to call to give them a nudge. The last time I called a number I read on here I got a snotty woman who demanded I tell her where I got her number from and told me she dosnt even deal with SARs. Can anyone recommend a number they have used for the same reason. Thanks.

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i just phoned customer services reminded them of the time limit that was running and found much as i hate to say it that they were very helpful. got my statements four days later

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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Well, still no statements. Monday will be day 40 although a few days ago I did recieve an acknowledgement letter saying I will get my statements within the next 8 weeks!!!!!:shock:

If I dont get them in tomorrows post then i will ring them.

Which number is best to call them on please? I havent had much luck on the phones to them recently.

Thank you all for the continued help and support.

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01422 380880 and speak to Data Control @ Trinity Road- they;re a nice bunch, just overworked & underpaid like the rest of the nation :D

AB123uk

 

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Rang them on Monday. Spoke to a really nice lady who said they were snowed under but that my statements had been ordered and they had me down for them to go out by the 20th. She said I would get them 21st or 22nd. Still not arrived so I rang them today. Now its an answering machine saying 'sorry, we are unable to take your call. There is a delay with SARs but you should recieve them soon' If they dont arrive tomorrow I have my follow up letter ready to send. I dont really understand though, the letter says I will complain to the commissioner and begin court action. Im confused by this as what would the court action be and would this not delay my claim. Its so frustrating as I cant do anything until I know what they actually owe me.

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Still had no statements and its now day 48. I have sent off my letter of non compliance. However I dont understand whats going to happen if they ignore that or the statements dont arrive within the next 7 days. Can anyone advise please if this has happened to you.

Thanks:confused:

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You should be reporting this to the Information Commissioner- see the link for contact details:

www.ico.gov.uk

AB123uk

 

IF MY COMMENTS ARE USEFUL, PLEASE CLICK MY SCALES!

 

Halifax Staff Current Account WON

Lloyds WON

Yorkshire WON

Halifax Staff Visa WON

 

 

If CAG Helped you..... Why not help CAG!

Click Donate at the top of the forum!

Oyster- I fought the Lloyds will have it's mark in history- have you downloaded your Official Charges Track?

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I have sent the letter saying if I dont get the statements within the next 7 days I will report it to the commissioner and also start court action. What happens if it comes to this and they dont send the statements. I expect the commissioner will slap their hands but it dosnt get me my money back. If it goes to court action will it not delay my claim even further as until I have the statements i dont even know how much I am claiming.

I am sticking to the timescales and using the letter template but Im feeling no further on after nearly 8 weeks.

I would love to hear from anyone else who has got to the stage of sending the letter of non compliance. Did it help? How did you go on?

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hi !

ive had similar problems , ive already sent 2 letters to halifax with no acknowledgement whatsoever (30 days gone) ,so i phoned them yesterday to be told they had no records of my letters or cheque ,even though they were signed for ! :mad:

i was then told they would be re-ordered and there is a standard 21 day waiting limit for all statement requests , so i told them i would be complaining to the information commisioner if i never recieved them in the next 10 days.

his reply was "i really cant see the point in complaining as we have done nothing wrong "

it went a little quiet when i told him it was a breach of the d.p.a.

i await with baited breath.

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Hi again, you guys are probably sick of seeing this thread being bumped but I am still concerned and trying to get an answer on a couple of points.

Its now 4 days since I sent off my letter of non compliance so in a few days the time for them to act will have passed. I still have no statements after sending off my SAR on Feb 7th. I had rang the Halifax and were told they were due out and would be with me by March 22nd. If i dont get my statements at the ens of the 7 day period what will my next step be. I know it says on the letter that I will take court action because they have not complied with my SAR but how does everything go after that. Im getting a bit worried as it strays from the path set down to follow and sort of changes all the time scales etc. I would appreciate some advice on this.

Thank you so much.

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I have seen a couple of threads that go that far.

 

I think you should maybe give them another ring and tell them the 40 days have now passed and you sent the non compliance letter, and if you dont recieve them in the next .........days you will go to court to recieve them. And you will also be reporting them to the reporting them to the info comissioner.

 

That should make them move, if not then if you do go to court, you will get your costs back.

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Thank you sea-sidelady. But, all the posters seem to state over and over again how important it is to stick to the timescales. If I go to court to get the statements will it not delay things andadd ages to the timescale. Im trying to figure out if it would be just as simple to give them more time to send the statements. What will the courts do if I do go to court?

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I knew i had seen a thread similar to yours.

 

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

 

Have a quick read.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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:sad: IM GETTING REALLY WORRIED NOW. Im beginning to lose heart and think that its just not going to happen for me.

I sent off for my statements 6th Feb. Waited the 40 days. I did call them on 19th March but was told they considered the 40th day to be 20th march and that I would have my statements by 22nd at latest. They never arrived so I sent the letter of non-compliance. I have now waited the 7 days but still got no statements. I rang them today but could not get through to customer relations. Tried another number who told me to kep trying. When I explained the problem she said they were very busy but all I could do was keep trying. I asked for a different number to try but was told she had no numbers (even though she had been trying to put me through) and that she could only contact them through email. The number I did have for the Data control department now has an answering machine saying they cannot take cals due to demand but if I leave a number they will contact me. I have done this four times but had no response. So today, I told her that I was reporting to the information comissioner tomorrow and would also start court action. She more or less told me it would make no difference as so many were reporting it another one means nothing. She told me that starting court action would not speed things up and that it will cost me money (which I know I can claim back) but that I may as well save my money and just sit back and wait for the statements as everyone else has to. She did type an email message to the data protection team telling them that if they didnt call me today I would begin court action tomorrow. She took all the details and read it all back to me after she had typed it so I do believe she did it. However still no phone call.

 

Do I sit and wait or do I start court action. I dont really want to have to pay out for court action at the moment especially if its not going to speed things up, but I will if its necessary.

 

opinions on what to do would be appreciated, thanks

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Just a thought, reading through some of the latest postings Im getting the impression that as they are so overworked the timescales are just out of the window and the days of things being actioned on time are gone. I have just read the thread about the baliffs working so far behind that even they are not a threat to the Halifax.

Is it now a case of whatever you do you have to go with the flow?

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It seems to be a far wider problem due to many peeps claiming, however that is not an excuse for non-compliance of the DPA, you have as you said given an extension to this by at least 10 days to allow for this.

Choice is yours

Wait for them or take them to court for non-compliance

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Hi Bigmac. Thanks for the reply. The thing that confuses me though is, just what have I to gain by taking them to court for non-compliance. will it make things any faster or help me in any other way. Sorry to sound dumb!

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What happens when, in a case such as mine, the Halifax havn't met the deadlines at all. Im sending the correct letters as per the templates but as I have no statements I still dont know how much my claim will be.

Therefore my query is, after I have sent the letters, informed the information commisioner and started court action, how do I get my money. I seem to be doing all I should and yet I am no nearer.:confused:

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8 threads merged - Please stick to one thread

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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I have sent the letter of non compliance. The time for that to be actioned has sxpired. What I am trying to find out is, how will it benefit me if I start court action as I still dont know how much I will be claiming? Am I not just going to prolong the situation even more.

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