Wally V's Halifax

[ObstinateWally]

Hello all, this is my first post on here, so please be gentle with me.

After reading several news items on various websites, I decided that it was time to get my hard-earned cash back from the bank that gives you Xtra! I had a good look around this website, and took onboard a lot of advice. I drafted a letter using the template available on the moneysavingexpert website, here it is...

Data Protection Manager

Halifax Bank

Trinity Road

Halifax

West Yorkshire

HX1 2BR

Dear Sir or Madam,

Re. Account number: ***********

I am writing to request a fully comprehensive list of all the default charges for direct debit, unauthorised overdrafts and standing orders I have paid over the last six years.

Please find enclosed a postal order for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

I look forward to your response within 40 days, as HALIFAX is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

Yours faithfully,

MR Wally

There are just a couple of points I would like some advice on; Firstly, I have an outstanding credit card debt with the Halifax, if and when I am successful in my claim, are they allowed to use the money to pay off the credit card debt? (I'm going to start up a thread on this debt in the relevant forum, I will post a link when it's done.) Secondaly, when the time comes to claim interest, do I use the court rate (8%) or the unauthorised overdraft contractual rate? I fully intend to not accept anything less than full payment, with interest; they took me for every penny they could, I'm going to do the same in return!

 

To let you know exactly where the process is at the moment, I sent the letter via recorded delivery on 26-April-2007, after checking on the royal mail website, it was delivered from the Halifax Delivery Office on 27-April-2007, although Royal Mail can't provide an electronic proof of delivery.

 

That's about it so far, any help would be greatly appreciated, thank you very much people

 

Wally

[livelylad]

Hello all, this is my first post on here, so please be gentle with me.

After reading several news items on various websites, I decided that it was time to get my hard-earned cash back from the bank that gives you Xtra! I had a good look around this website, and took onboard a lot of advice. I drafted a letter using the template available on the moneysavingexpert website, here it is...

 

Data Protection Manager

Halifax Bank

Trinity Road

Halifax

West Yorkshire

HX1 2BR

 

Dear Sir or Madam,

 

 

Re. Account number: ***********

 

 

I am writing to request a fully comprehensive list of all the default charges for direct debit, unauthorised overdrafts and standing orders I have paid over the last six years.

 

Please find enclosed a postal order for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.

 

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

 

I look forward to your response within 40 days, as HALIFAXis obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

 

Yours faithfully,

 

 

MR Wally

 

 

There are just a couple of points I would like some advice on; Firstly, I have an outstanding credit card debt with the Halifax, if and when I am successful in my claim, are they allowed to use the money to pay off the credit card debt? (I'm going to start up a thread on this debt in the relevant forum, I will post a link when it's done.) Secondaly, when the time comes to claim interest, do I use the court rate (8%) or the unauthorised overdraft contractual rate? I fully intend to not accept anything less than full payment, with interest; they took me for every penny they could, I'm going to do the same in return!

 

To let you know exactly where the process is at the moment, I sent the letter via recorded delivery on 26-April-2007, after checking on the royal mail website, it was delivered from the Halifax Delivery Office on 27-April-2007, although Royal Mail can't provide an electronic proof of delivery.

 

That's about it so far, any help would be greatly appreciated, thank you very much people

 

Wally

 

 

Just a couple of points

 

You should have asked for all your account history see here

Also I advise you to use the template letter in the library here they are tried and trusted.

Contractual interest is more difficult to claim as the bank is more likely to defend this. The choice is yours, should you go for contractual it must be claimed on the prelim letter, however if they offer you a settlement with Statutory 8% interest I would accept.

[ObstinateWally]

Hello All,

 

It's been ages since I've posted on these forums, but just to give you a quick update. One case is still pending, the other 2 have been settled.

 

I know this post may be moved or even deleted, but I really hope that some of you will feel as much satisfaction from this as I do. Below is a copy of a letter I penned to my local Halifax branch yesterday, I hope it puts a smile on peoples faces.

 

Branch Manager

Local Branch

High Street

 

Dear Sir/Madam,

I have been following the recent developments in the media regarding Halifax PLC, and as a customer of yours I feel obliged to write to you expressing my concerns.

 

I am concerned firstly that the taxpayer is funding a failing company. Why should the public purse have to foot the bill for a gross mismanagement in the private sector? I appreciate of course this isn’t your fault, if it had been you’d have been paid an enormous bonus!

 

When I had a credit card with you, and I got into severe financial difficulty, did the government bail me out? Of course not, getting into £4956.21 debt is my fault, and I had to deal with it. Now I would hope that the government is dealing with you in the same way you dealt with me, writing threatening letters, calling 3 or 4 times a day, charging astronomical amounts for late payment and over-limit charges, thereby increasing the debt and making matters worse? No they wouldn’t, because they are far more understanding about financial difficulties, and it isn’t even their money, it’s mine! Which actually makes me feel a little guilty about refusing to pay you back, okay, that’s a lie, my attitude is and always has been, get stuffed!

 

In relation to my current account, you charged me for going into an unauthorised overdraft which YOU put me in as a result of illegal charges, then had the cheek to add interest. Once again the threatening letters arrive, and are promptly filed in B1N as usual. Somewhere in Brazil there’s arid land that used to be rainforest until the trees were cut down for paper to be delivered to a Mr Hal Efax, or something like that. (Don’t worry; this is recycled paper, hopefully made from one of your begging letters!). Nice to see you’ve managed to leave your mark on the earth though! You didn’t forget the courtesy of daily phone calls either, it was always nice to hear a familiar voice at the end of a rough day.

 

As I still have an ISA account with a balance of £0.31 with you, I’d be delighted for you to take that 31p (Think of it as redundancy money) polish it up so it shines,

 

I would like to close by paraphrasing a well known advert from a highly successful (If only you’d followed their business model!) company.

Credit Card Bill = £4956.21

Unauthorised overdraft = £70:00

Delivery of this letter = £1:05

Halifax collapsing = PRICELESS

 

I look forward to seeing you and all your staff through the window of the job centre as I walk past!

 

Yours, with immense satisfaction,

 

ObstinateWally

Edited October 22, 2008 by sea-sidelady
Unappropriate remarks removed.

[Guest Old_andrew2018]

brill

[ObstinateWally]

Hi all. After receiving the usual 'your debt has now been passed on to us' letter from 1st credit, I fired off the following reply, sent recorded obviously.

 

My Address

 

Their Address

 

Dear Sir/Madam,

I do not acknowledge any debt with 1st Credit Limited

I hereby request, under the consumer credit act 1974 (Sections 77-79) the following from yourselves:-

1: A true signed copy of this credit agreement. Complete with prescribed terms, terms and conditions at the time of the agreement, and the current terms and conditions.

2: A full statement of account

3: A deed of assignment proving that you have the right to collect the alleged debt.

Please note that whilst you are allowed to delete/obscure commercially sensitive data, no other data may be omitted. Be advised that once I receive confirmation that you (refers to yourselves and/or the company/companies you are acting for.) legally own the alleged debt, regardless of whether it is enforceable or not, I will be seeking to recover ALL charges that have been applied to this account for late-payment, breaching credit limit, etc. plus interest. Should the above documents not be forthcoming, or unenforceable at law, I will seek to recover all monies paid, plus interest. I will also seek damages.

I enclose payment of £1:00 which represents the fee payable under the consumer credit act. This £1:00 payment is for the fee ONLY, and should not be put towards any alleged debt.

You are reminded that under the Consumer Credit Act you have 12 working days to comply with my request.

Please note that you are obliged to provide these documents, whether you are the original creditor or not under s.189 of the Consumer Credit Act 1974.

I also wish to address the matter of future contact between you and myself.

I hereby request that ALL future communications are made via letter only.

Regarding telephone calls, I have no wish to correspond with you via telephone (This includes leaving recorded messages or sending SMS messages). As I have offered another way of contacting me, you have ‘no lawful business’ trying to contact me by telephone. Should you continue to try to contact me by telephone, I will regard these calls as harassment. Under the Protection from Harassment Act 1997 this is a criminal offence and I will take further action if necessary.

Regarding doorstep calls, I advise you that under OFT rules, you can only visit me if you make an appointment, and it is not my wish to make such an appointment with you. There is only an ‘implied license’ under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore, please take note that I revoke license under Common Law for you, or any of your representatives to visit me at my property. If you do visit me you will be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

In closing I would like to point out that I have been made aware of several dubious tactics used by yourselves in relation to debt recovery, including your recent reprimand by the OFT. In light of this I will be making copies of all correspondence available to the relevant bodies.

I await your reply and the information that I have requested.

 

Yours Faithfully, Wally.

 

Today I received their reply in the post, and I'm wondering about the parts marked in red, any help would be greatly appreciated.

 

My Address

 

Dear Sir/Madam

 

REF: Number etc.

 

REQUEST FOR COPY AGREEMENT (Great grammar!)

 

We refer to your recent communication requesting a copy of the relevant agreement.

 

The document you have requested is retained by our client. We will therefore advise them of your request and arrange for the document to be sent to you as soon as possible.

 

Should your request also include the below documents, please be advised the following:

 

Deed of assignment - we would refer you to section 136 of the Law of Property Act 1925 which provides that the debtor is notified of the assignment of the debt in writing and not a copy of the Deed itself. (What?!? Never heard of this)

 

Copy statements - there is a charge of £10:00 for this information (Isn't that an SAR request?!? I was under the impression a full statement of account had to be provided?)

 

On receipt of the copy agreement we would expect you to contact this office immediately to arrange settlement of the debt. (Yeah, and you can go outside a pour rocksalt on the ground, 'cos hell will have just frozen over!)

 

Please call our office should you wish to discuss this matter.

 

Yours Faithfully

 

ADMINISTRATION DEPARTMENT

 

So basically what I'm after now is advice on what to do about this law of property mumbo-jumbo and the statement of account. I'm just in the mood to fire back a letter explaining that they're completely wrong, so any help will be greatly appreciated. Cheers Folks

ObstinateWally

[ODC]

They are correct about the DEED of Assignment. This is a commercially sensitive document which contains details of the amount they paid for a portfolio of debt. A court can demand this. What you want is a NOTICE of Assignment transferring the debt from the Original Creditor to Worst Credit. Under S136 of the LOP 1925 this MUST be served on you. In other words they must have proof that you received it either recorded delivery, registered post or personally served on you.

 

As usual they are talking bollocks about the £10 charge for statements. They are obliged under the CCA request to supply you with an up to date statemnet of the account.

 

You may consider their letter misleading and feel it worth reporting to the OFT

[count orlok]

According to the LoP 1923 the notice of assigment also has to come from the OC, so a forged letter from 1st does not cut it. I had the identical letter in reply to my similar request and told them this and a few things and i have not heard anything since.

[ObstinateWally]

According to the LoP 1923 the notice of assigment also has to come from the OC, so a forged letter from 1st does not cut it. I had the identical letter in reply to my similar request and told them this and a few things and i have not heard anything since.

 

What else did you tell them Orlok? Anything to add to my letter would be greatly appreciated so I can send it off Monday morning.

[babybear39]

Subscribing with interest...