pedro_uk v Halifax CC ***SETTLED IN FULL***

[pedro_uk]

Hi guys hope & thank yous for eney help

I sent my DPA request off to hallifax card on the 28 April 06 i just receved harf of them yesterday, So i sent a e-mail explaining they still had 5 days remaining until 07/06/06 to comply to my request and send the rest of the statements.

 

I also sent a letter on 22 may about the telephone calls i was geting and I told them i was desputing the amount on the account . And i was just wateing for my statements to arrive to get a full amount owed.

I stated in my DPA request that I require ALL communications to be done via written letter.

 

Hope some one can give advice on a nice letter i can send back ,

 

Ps, I have had 31 calls from the 22 may to 3 june from 08708503492.

I have noted Dates & times of the cals.

The letter i sent for the telephone calls is below the othe one.

 

 

 

Date 30th may 2006

 

Dear mrs xxxxxxxx

 

This is a default notice served under section 87(1) of the consumer credit act 1974

you have breached your conditions by going £800.14 over your credit limit, your conditions state that you must not let your account go over your credit limit or use your account if it is already over its credit limit. Thisis stated in conditions 8.1 if you have a cashback card or condition 7.1 for any other type of card.

 

You must pay£800.14 into your credit card account number xxxx xxxx xxxx xxxx before31/05/06.

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

 

IF YOU DO NOT TAKE THE ACTION REQUIRD BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

 

We will terminate our agreement with you and close your credit card account xxxx xxxx xxxx xxxx . You must pay the full balence owing on your account immediately . if you do not do this, we may take legal proceedings agents you and/or instruct a debt collection agency to recover any amount you owe us on your account.

 

 

Letter about telephone calls sent.

 

22 may 2006.

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxx xxxx xxxx xxxx

 

Despite my letters & phone conversations regarding ANY communication from your company, which stated that I require ALL communications to be done via written letter, your telephone calls continue.

 

I have sent you my Data Protection Act 1998 subject access request, Plus the enclosed statutory fee off £10 on 28/04/06, To Request all my data under the DPA requirements, and insist that this includes transcripts of my calls. I undestand you have 40days to comply to my request and you have still got 17days remaining until 07/06/06 to comply. If there are any more transcripts of calls after the date 28/04/06, Which there are, (despite my request for all communication via written letter only) because of recent calls received from you. (Dates and times have bean recorded for reference and future Court use.)

I would be happy to collect the transcripts of my calls and Data from my local branch.

 

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future Court use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

 

I trust that I have now made myself understood on this matter,

 

Yours faithfully,

xxxxxx xxxxxx

[mechs]

Personally I would either email them or write a letter saying that the amount is in dispute and that you are awaiting the information from them regarding this

 

As for the phone calls that letter seems fine to me

[jonni2bad]

Yes, I would agree that you need to state that you dispute the amount owed, and that any further action to recover these sums, or any attempt to place adverse details on your credit files will be met with separate legal action.

 

I will help with wording if you need - PM me.

[jonni2bad]

Just insert your details as required

 

Good Luck

 

***********************************************************

 

Your Street

Town

City

Postcode

 

DATE HERE

HBOS PLC

Legal Services - Retail Division

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

Re: Account in dispute

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing to clarify that I am currently in the process of requesting a complete list of charges imposed by you over the previous 6 years and that I shall be requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you have issued me with a Default Notice on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

For your information, my Subject Access Request was made on 28th April 2006 and you have until 7th June to comply in full. From the partial information I have already received, the amount of charges form a substantial part of the disputed debt.

 

Yours faithfully,

 

 

NAME

 

*********************************************

 

How does that sound?

John

[pedro_uk]

Thank You guys & gals for your help

You are the man "jonni2bad"

[pedro_uk]

Just an update on how things are going,

I still haven't receved the rest of my statements yet, The dead line for my DPA was on the 7th June.

I sent them a reminder on the 2nd June by e-mail & recorded letter (see below) reminding them about the deadline.

I also sent the letter from (jonni2bad) on the 4th june by e-mail & recorded letter saying that the amount is in dispute.

Then after the deadline was up i sent Template 2 from the Templates Library, (Data Protection Act - Non-Compliance) (see below) on the 12 June 2006 recorded letter giving them a final 7 days.

Then on the 12 June i got this letter from HALIFAX. (see below)

 

Ps: I would just like to ask to see if ime doing every thing right.

 

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

>>>>>Sent on 02 June 2006

 

Dear Sir/Madam

ACCOUNT NUMBER: xxxx xxxx xxxx xxxx

 

On the 28 April 2006 i sent you a Data Protection Act 1998 subject access request for a complet list of transactions and charges on my account, but so far you have onley sent statements from the 18/04/2001 to the 17/08/2004

I undestand you have 40days to comply to my request and you have still got 4days remaining until 07/06/06 to comply to my request.

failure to comply will begin a complaint to the Information Commissioner.

 

Yours faithfully,

xxxxx xxxxxxxxx

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

 

>>>>>Sent on 12 June 2006

TEMPLATE 1.

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxx xxxx xxxx xxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 28 April 2006. The disclosure of personal data is incomplete in that at least the following documents are missing.

Transactions and charges from. (18/08/2004 to 28/04/2006).

Alternatively a complete set of bank statements for that period will be acceptable.

 

1) You have failed to provide a complete list of transactions and charges from. (18/08/2004 to 28/04/2006.) + (16/02/2005, Overlimit fee £25.00.) (16/02/2005, Late fee £25.00.) (15/09/2005, Overlimit fee £25.00.) (15/09/2005, Late fee £25.00.) (18/04/2006, Overlimit fee £25.00.) (18/04/2006, Late fee £25.00.)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

xx xxxxxxxxxxx

 

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

 

>>>>>receved on 12 June

 

Dear Mrs xxxxxxxxx

Despite previous notifcation your account is stil in arreare and over the agread credit limit. Your facilities have therefore been suspended.

 

Please pay your arrears amount of £114.75 immediately

 

Your credit privileges have been suspended until your account is brought back into order Do not attempt to use the card as retailers will be forced to reject it

 

If you wish to discuss this further, please call us on the above Helpline number.

 

Yours sincerely

 

Martin lindsay.

 

END

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

[jonni2bad]

Looks like they are still ignoring you pedro.

 

Hopefully they will respond to the latest DPA letter, but if not, then you have every right to atart a claim based on estimated amounts, which we can help with.

 

If they do not send you the missing info by the next deadline (about 20th?) then you can start a claim in court to force them.

 

Had you already opened another account elsewhere?

[pedro_uk]

Hi and thanks for the help and advice.

 

(jonni2bad)

Ive already opened another account with Natwest.

 

If i dont get the missing info, after the next deadline on Template 2 do i nead to send Template 3 or do i just start to Commence a county court claim to force them to provide the information .

 

Also do i start a claim based on the amounts ive receved, Then start a new claim when the court forced them to provide the rest information.

 

Thanks agean

[jonni2bad]

Court action is the next stage - the template letter 3 is for completely missing info (so it's basically the same as the one you sent).

 

There are Particulars of Claim for DPA Non-compliance in the Template Library also, and you would need to submit that claim in person at your local county court - online claims are only for money.

 

You can actually copy these details onto an N1 claim form which is also in the Templates Library (a PDF version). Let me know if you are having difficulty doing this.

 

As far as a money claim goes, the best option really is to start a claim for that now - can you just remind me what amounts of money they have charged you, and what periods they have given in statements already.

 

Basically speaking, if you had the last year only and charges were £200, then you just multiply £200 x 6 years giving £1200 as an estimate. If they then supply the full details, you can amend the amount being claimed later.

[jonni2bad]

Just clarify also - this is for the Halifax credit card, and you've already been paid out for the bank account - is that correct?

[pedro_uk]

yes its for the Halifax credit card,

I havent been paid out for the bank account

 

I sent my DPA request on 28/04/06 asking for a list of transactions and charges relating to my bank account since. (27/04/2000 to 28/04/2006).

But so far they have onley sent statements from 18/04/2001 to the 17/08/2004 The charges for that time are £455.00.

These are the dates thats Missing (18/08/2004 to 28/04/2006).

I have also found some statements with these charges on that they have failed to supply me with under the DPA.

 

(16/02/2005, Overlimit fee £25.00.)

(16/02/2005, Late fee £25.00.)

(15/09/2005, Overlimit fee £25.00.)

(15/09/2005, Late fee £25.00.)

(18/04/2006, Overlimit fee £25.00.)

(18/04/2006, Late fee £25.00.)

[jonni2bad]

yes its for the Halifax credit card,

I havent been paid out for the bank account

 

What was this one for then?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=4336

[pedro_uk]

That was my HALIFAX CARDCASH

This is for my HALIFAX CREDIT CARD

[jonni2bad]

Isn't the Cardcash a bank account though?

 

In relation to the Credit Card, I think the time has come to force the issue. You have now sent the LBA for DPA Non-compliance so it is the next logical step to proceed to court and make them.

 

You can, if you prefer, complain to the Information Commissioner's Office, although this might take longer to resolve. The choice is yours.

 

If you opt for court action, please have a look at this thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6971

 

You would be claiming damages, but only for limited costs, like the £10 fee (or whatever they charged you) originally given for the DPA request, the cost of any other letters you have written to resolve the matter, and any additional costs that you can show were needed to get to this stage - however they must not be exaggerated - perhaps £10 for the time it had taken you to get advice?

 

Essentially though, it is about forcing them to comply.

[pedro_uk]

Thanks for all the help (jonni2bad) But i bet you dont no what arrived this morning with a letter saying sorry and (I HOPE THIS MEETS WITH YOUR REQUIREMENTS.)

[jonni2bad]

Marvellous news - that saves you hassle and money!

 

Now, let's see what the real figure is!

[pedro_uk]

The figure is! £1405.00.

Now i will give them hassle to get it back.

(Less my 5% that is)

[jonni2bad]

Just to save me reading through again, what stage are you at with requesting the money back... have you sent any initial requests for it yet?

[pedro_uk]

Non sent yet,

I will send the Letter - Preliminary approach for repayment tomorow .

 

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

[jonni2bad]

OK - by the way I have renamed this thread as pedro_uk v Halifax CC

[pedro_uk]

This just an update (sorry its late. As i work away).

I receved this letter on the 22nd June.

I think i now should send the letter. (F**K OFF) (See below ?)

Then send the LBA letter 1 Day after that.

 

 

 

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

 

Dear xxxxxxxxxx

Our Reference: xxxxxxxxxxx

 

Thank you for your recent letter regarding the above numbered account.

 

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

 

HBOS clearly outline our charging Policy in the terms and conditions that apply to your account. In addition we are committed to complying with the Banking Code, whitch sets out standards of good banking practice for banks and building societies to follow when dealing with personal customers.

 

To demonstrate our commitment to you as a valued cardholder, I am prepared to offer you a refund of charge to the value of £300.00 representing half the ammount applied to your account in the past year.

 

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

 

I trust this resolves the matter for you. Should I not hear from you within the next eight weeks, I will close my file on this matter. For your information, please refer to the complaint's leaflet enclosed within our previous correspondence, which outlines the entire complaint process.

 

Yours sincerely

 

nicola bell

 

______________________________________________________________________

 

(LETTER = F**K OFF)

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxx xxxx xxxx xxxx

 

On 22nd June 2006 you made me a full and final offer of £300.00 as a gesture of goodwill. Unfortunately I find your offer of £300.00 totally unacceptable as full and final settlement, although I would accept this as part payment of the charges levied towards me.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

Please note that only full satisfaction of my request will avoid court proceedings, any partial refund will be refused by myself as I believe I am entitled to this money.

 

I calculate that you have taken £1405.00 in charges leaving a total owed of £1405.00

 

I wish all communication to be done via written letter.

 

Yours Faithfully,

 

xxxxxxxxxxxxx

 

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

[jonni2bad]

Hi Pedro

 

Since it is time for the LBA - just include a small paragraph to acknowledge their offer, on the LBA.

 

"In response to your letter dated XX/XX/XXXX offering £300.00 as a full goodwill gesture - your offer is accepted only as a partial repayment of the outstanding amount and I do not recognise it as a full and final settlement."

 

Then the rest of the LBA.......

[pedro_uk]

Just an up date,

 

I sent the letter LBA on the 03/07/06

With the bit added about accepting £300.00 only as a partial repayment of the outstanding amount (jonni2bad).

 

I got a reply on the 12/07/06

 

Saying sorry to learn that you are unhappy with our initial offer to refund £300.00 worth of charges.

However in an attemp to reach an amicable solution to your complaint, I am prepared to increase our offer to £702.50 in ful and final settlement whitch represents half of the charges applied over the last 6 years.

blaaa blaaa blaaa..

 

So i sent the letter below.

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

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxx xxxx xxxx xxxx

 

Thank you for your letter dated 12th July 2006.

 

On 12th July 2006 you made me a full and final offer of £702.50 as a gesture of goodwill. Unfortunately I find your revised offer of £702.50 totally unacceptable, as I require repayment in full and final settlement, I am prepared to accept £702.50 as a partial settlement repayment of charges and will continue with any action that I feel necessary to reach a satisfactory conclusion to my request.

 

However if you can provide me with a breakdown of the costs incurred to you in respect of overlimit and late payment fees and can demonstrate that they are a true reflection of your losses, I will reconsider any action in respect of recovery through the County Court.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

Please note that only full satisfaction of my request will avoid court proceedings, any partial refund will be refused by myself as I believe I am entitled to this money.

 

I calculate that you have taken £1405.00 in charges leaving a total owed of £1405.00.

 

I require repayment in full of this money. If you do not comply fully within the 14 days of the letter I sent you on 03/07/2006. (LETTER BEFORE ACTION) then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

I wish all communication to be done via written letter.

Yours Faithfully,

 

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

[pedro_uk]

I receved this letter today see below.

 

As they say they have payed £702.50 into my account.

do i just nead to make a clame for the outstandig amount of £702.50.

Also when i make my clame do i clame for the early dated charges or the later dated charges.

(Ime just thinking of intreast)

Thanks.......

 

 

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

14th july 2006

Dear xxxxxxxxxx

Our Reference: xxxxxxxxxxx

 

Thank you for letter dated 12th July 2006

 

Ware under no obligation to provide you with a breakdown of the costs incurred. HBOS disagrees with the legal analysis of default fees outlined in the OFT’s statement, published in april. However the group have comfirmed that on the 2nd june 2006 it will be reducing default fees across its credit card product range to £12 with effect from 1 august 2006, and until that date, all existing terms and conditions will apply.

 

As previously advised, our offer to refund £702.50 was in full and final settlement and we are unable to comply with your request to refund the amount.

 

I have arrange for the £702.50 to be refunded and a credit for this amount will be shown on your next statement.

 

I trust that you can understand our position in this matter. Please refer to the complaint leaflet enclosed within our previous correspondence.

 

Yours sincerely

 

Linda Mackay

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

[jonni2bad]

The £702.50 is only offered as full and final and they have stated so again, so this is not your money.

 

You should now claim for the whole amount in court, plus interest on all charges. If they have already paid money to your account, they can withdraw it. If they make the payment after the claim starts, they can either withdraw it or offset the court claim total with that amount.