MacBoy Vs. Halifax and Hello To the Group!

[MacBoy]

Update

Wednesday 15th August 2007

 

It just clicked. The latest letters I got from them, may have been in 'response' to the ICO's intervention.

 

There is no way of determining this precisely, because of the Halifax's habit (deliberate in my view) of obstructing complaints by using such tactics as correspondence that can neither be traced nor reconciled and standard template letters; thus making it extremely difficult to check their progress.

 

If this is the case, it would appear that HFX's idea of compliance is to send me not one, but five sets of documents with the same information about charges to my current account for the past six years. Nothing for the credit card account, so there remains tons of information missing about that, from both pre-6 years and later.

 

So I called the ICO this morning and told them of my suspicions. They advised that they had written to them on 17th July so their 28-day period with them was up; and that I should send in a chase-up letter and they would in turn approach Howard & Chums again.

 

Letter done. I'll post it in a separate post for ease of reference. I also enclosed a copy of the 'Account Holdings Summary' document I got from the branch last month, which indicates that they still retain data about me going back to the very beginning of my relationship with them in 1987. As always, I'll keep you posted

 

Halifax Plc are currently 97 days beyond my original 40-day SAR period.

 

(will cross-post to 'Claiming Beyond 6 years' thread as I think it is relevant)

[MacBoy]

Copy of letter sent to Information Commissioners Office today.

 

Dear Sir/Madam

Case Number: RFAnnnnnnn

I am writing to inform you, despite being told by one of your colleagues this morning that mine was one a batch of cases you wrote to Halifax Plc with on July 17th 2007, that the Data Controller at this organisation is still non-compliant with both my request and your complaint.

 

I received two letters from the Halifax - dated 25th July (their ref.- DSARnnnnnn) and 27th July, (their ref.- DSARnnnnnn), copies enclosed. However as appears to be common practice with the Halifax in these cases, there is no reference back to any correspondence, mine or yours- so I am unable to tell whether these letters were in response to your correspondence or not.

 

Each of the letters contains a list of bank charges for the same current account - they have already sent me two sets of statements for this account - so all they have done in effect is sent me the same thing a third and a fourth time, only in summary form.

 

This I believe falls far short of their obligation to provide me with copies of all the data they hold about me. I obtained a copy of their ‘Account Holdings Summary’ document (copy enclosed), which indicates that they have data going back to at 1987, when I opened the current account with them and 1992 when I opened the credit card account with them, respectively.

 

This is a lamentable performance on the part of Halifax Plc. It is my belief that they are deliberately frustrating and obfuscating my request, using such tactics as correspondence that can neither be traced nor reconciled and standard template letters that make it extremely difficult to gain an idea of their progress. They are now non-compliant 97 days over and above the original 40 days given to them to comply.

 

I would appreciate it if you could now escalate this matter. This company is clearly not taking its lawful obligations seriously. I am also sending a copy of this correspondence to my MP. Thank you for your kind assistance so far.

Yours faithfully

[kennythecelt]

Make sure you have copies of all correspondence from ICO to Halifax for the papers.

 

So, if I had been at the ICO myself I would now have 8 copies of the statements insted of 4!! Obviously each request for statements are logged individually. Once thats done its someone elses responsibility further down the line.

 

Remember it was a full banking history that was asked for so thats not just statements, it covers CCA, any loans, insurances, etc. Statements appear easier (ha ha) to get than the rest. I only have statements, and plenty of them.

 

They are still failing to provide older statements eg more than 6 years, for the majority of Caggers.

 

4 sets of statements is incompetence.

Not giving access to older statements and other aspects of banking history is deliberate.

Also deliberate is the delays in sending statements.

[MacBoy]

4 sets of statements is incompetence.

Not giving access to older statements and other aspects of banking history is deliberate. Also deliberate is the delays in sending statements.

 

Precisely. I'm tearing my hair out here, Kenny my friend - but I won't stop until I get what I want.

 

To any legal eagles mods etc. reading: I have a hearing 23/10 for an N244 I filed for a Pre Action Disclosure, so that I can get the information I need to start my case.

 

This may serve as a valuable test to see if Data Protection Act-dodgers can be brought to book in court, for missing information both pre-6 years and after.

[stonedecroze]

deliberately frustrating and obfuscating

 

Brilliant phrase Mac. Can I use this when I re-sunmit my N244 to have stay set aside? please !!!

[MacBoy]

Brilliant phrase Mac. Can I use this when I re-sunmit my N244 to have stay set aside? please !!!

Of course you can!

[MacBoy]

Update

Saturday 18th August 2007

 

Halifax Plc are now 100 days out of compliance. It is 140 days since I started my claim. But I'm going to get them.

[kennythecelt]

Update

Saturday 18th August 2007

 

Halifax Plc are now 100 days out of compliance. It is 140 days since I started my claim. But I'm going to get them.

 

This deliberate delaying tactic is all too common. I see this all the time on other posts and have first hand experience with HBOS, as you know.

 

The FSA should be made aware of the volume of cases where this is happening, which is a direct reflection of all issues related to the banking industries delaying tactics.

 

 

 

Noticed this over on Barclaycard, which will no doubt be adapted by our pals for HBOS

 

Made me laugh, hope others do too!!

 

 

CAG --->

 

 

 

I have also heard that a popular poster on HBOS has a fondness for straps etc!!

[MacBoy]

Hehehehehe Thanks for cheering me up Kenny

[kennythecelt]

Hehehehehe Thanks for cheering me up Kenny

 

No probs Mac!!! Hope all well and you have a great weekend. Rainy here but guests gone this morning- up at 4 to get them on their way. Nice its just us now. More arriving in 2 weeks!!

 

Seems almost like a B&B!!

[MacBoy]

Grey and dull down here too, Kenny - I'm relaxing after a hectic week finishing off a major work project after six month's slog. Looking forward to a quieter week next week before jetting off for a couple of weeks of well-deserved R&R

 

Have a great weekend yourself - you can put your feet up after playing Basil!

[kennythecelt]

Enjoy the quieter spell, then the well deserved hols!!

 

Normal service will be resumed by Basil at a later date!

[MacBoy]

Thanks Kenny - I fully intend to chill out and relax to the max!

[**Tilly**]

going anywere nice for your hols mac away from this lovely british weather

[MacBoy]

Sunny Sozopol, on the Southern Black Sea Coast in Bulgaria, Til. Current Temperature - 30C and sunny!

[**Tilly**]

sounds very nice mac 30c cant be bad ive not been there but been told very nice be good to chill out and unwind ive got to wait until october seems ages away something to look forward to though im sure you will ahve a great time:D

[stonedecroze]

Sunny Sozopol, on the Southern Black Sea Coast in Bulgaria, Til. Current Temperature - 30C and sunny!

 

 

Sound good to me Mac. chill out and enjoy, I got a nice Quiet break comming up in Costa Brava soon. Hope mine is all finished by then too, but I doubt it cos I am pushing with ICO as well for non compliance. I asked for all letters and original T & Cs took them 103 days to send statements , but did send enough info to proceed with claim.

[MacBoy]

Cheers Stoned & Tilly It's the quieter part of Bulgaria - away from all the Brits and Germans (!) down in the Southern half of the Black Sea coast, towards the Turkish border - beautiful preserved Old Town and harbour, plus great beaches :D:D

[kennythecelt]

Is it sozzledpol in Bulgaria?????

[kennythecelt]

Is it sozzledpol in Bulgaria?????

 

Looks delightful. I like quieter places as some folk know!! That looks exceptionally nice!

[MacBoy]

Sozzledpol

[**Tilly**]

hi mac we have started a thread

Halifax Chill Out Thread.(see you there

[MacBoy]

Update

Tuesday 21st August 2007

 

Received new 'Post OFT case' Fob-off letter from HFX today.

 

Begins:

'Further to your letter (which letter? Usual HFX tactic of non-reference), I am pleased to confirm that the information you requested has now been ordered (presumably this means the fifth copy of the statements/charges lists they have already sent me ). If you have not received all requested documentation within the next two weeks then please feel free to get in touch'.

It then goes on to explain their stance on the test case - I'm sure this has been repeated a million times on CAG already, so I'll spare you. Not sure why they've bothered to send this at all. My last letter to them was 4th July, in which I told them that there would be no further direct communication from myself.

 

The only thing they've had since then is the letter from the Information Commissioners Office on 17th July, followed by my N244 deemed served 8th August. I did send a further complaint to the Information Commissioners Office but this is way too quick to be in 'response' to that.

 

If this is their only response to my Pre-Action Disclosure application then they'll need to prepare for a spanking. Somehow I get the feeling it isn't though... Hmmm.

Or am I just assuming too much competence here?

[MacBoy]

The general gist of the letter above appears to be to convey to the reader a sense that that their case hasn't a hope in hell of being listened to by anyone.

 

According to HFX, they've:

• Asked the FSA to suspend the normal timetable for dealing with bank charges complaints

• Asked the FOS not to proceed with any other case they are hearing until the test case is resolved

• Will automatically apply for a stay in the event of a legal action being brought (not mine they won't -I'm not taking them to court for bank charges - just for non-compliance with their obligations under the Data Protection Act 1998 )

If I wasn't the dogged, feisty bu**ger that I am, I would actually consider throwing in the towel after reading this letter. I suspect many will. Don't.

This letter is an abuse of the waiver they have been granted (which is in itself in my opinion an abuse in the way it has been structured)

 

[kennythecelt]

Mac

 

You know how I feel about this. I saw a post which had a tollkit for the banks prepared I think by the FSA at the time of the waver. It was issued to the Chief Exec of each bank.

 

By and large, the contents of these letters are contained in the handbook but with a different emphasis, ie to put people off pursuing claims. It is wrong.

 

I will check for the handbook, I think it was in a Mrs Foot thread.

 

Chin up old boy!!!!