DR v BOS

[DerekRoney]

Hi everyone,this is my second thread.My first is still ongoing against the Halifax.

 

I seem to be banging my head against a brick wall at the moment. I sent my S.A.R away and received only 3 years worth of statements. I sent them an "Incomplete Statement LBA" from the template section.

 

Still nothing from them. Their dadline is up and its time to take things further with them.Ive heard people mention a N1 ? Is this something I can do online or do I need to get paperwork from a court? Has anybody else had to do this?

 

Im seriosly stuck at this point and need advice. Come on guys n gals, help me beat the bank.

[tiglet]

I'm not entirely sure you can do a MCOL for this as it's enforcing a breach of DPA. i think you're best bet is to go to your local county court to file the claim.

[DerekRoney]

Help !

I need somebody

Help!

Please anybody

 

if you guys dont start throwing some ideas my way then after I finish my Beatles impersinations Im gonna start with Val Doonican

[tiglet]

PMSL!

 

Go to sleep then go to the court tomorrow. x

[DerekRoney]

think i will have to do that tiglet

 

Guess I must have sounded to karaokee for some ehh

 

There was me thinking my voice want to bad either

[mackem67]

Hi Derek, If I was you I would go into the CAG chatroom and see if anyone there can help.

There's usually someone knowledgeable in there

Just use the link at the top of this thread...........in the blue bar

[DerekRoney]

just been reading up a little, Ive decided that I'm going to complain to the Information Commissioners to start with.Ive downloaded a form and Im going to fill it in.Not sure how effective they are mind

[DerekRoney]

Well i sent my form off to the Information Commissioners today but also thought I would try and ring the number from the original letter acknowledging my S.A.R. 01422 391152.

I rang it full of expectation but all i got was a recorded message stating that S.A.R requests were being dealt with and then it cut me off

[sea-sidelady]

You have to go to the local county court with the N1. It will cost roughly £63, but this is reclaimable.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

[DerekRoney]

Ive still not received my statements and heard nothing from the Information Commissioners so im going to go down the court route.I live in Scotland but all my family are in England.Would I be better off doing a N1 through the english courts? If so, Can the N1 be done online or do you have to take it to the court yourself? All help appreciated

[DerekRoney]

I got my reply from the Information Commissioner today.They basically say that they have been inundated with complaints and that they are writing to the banks on a monthly basis,and sending them batches of complaints.Not holding my breath

[kfdh1962]

Hi Derek, i had the same trouble with hellifax. I complained to the info comissioner who eventaully fount hem to be in breach of the 6th principle of the data protection act, but they could actually do little other than to slap their wrists and tell them to sort it out.

in the end i started a court action , as seaside lady said you do this with an N1 form, their is guidance in the templates libarray for this particualr course of action.

 

i think it cost me £30, as soon as they had the papers served the statements appeared as if by magic!!

[kfdh1962]

here you go

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

[DerekRoney]

Thanks kfdh1962 , can you do this online or do you have to physically go to the court to do this? Sorry If I sound thick but Im extremely new to this.

I now live in scotland but Im english so I could use my parents address if need be.

[kfdh1962]

i wasnt able to do this online. Downloaded the hardcopy from the libarray and filled it in. You can do it by post and pay with a cheque, which is what i did, no need to do it in person

sorry for the delay in replying i have been in sweden on business for the last few days

[DerekRoney]

I had filed at court and today I received a letter from the court saying that the bank intended to defend all of the claim and it gave me details of their solicitors, who are based in Bradford.

 

I am also near to finishing a claim against the Halifax.They acknowledged my claim and said they were going to defend that one but I didnt get a letter like the one I got today.

 

This is slightly concerning for me but I guess Im not alone in receiving this kind of letter.

[DerekRoney]

My mother phoned me today to tell me there was a letter from an Optima Legal Services ( I used her address in England as I now live in Scotland). They are defending all of the POC .There only admission is that Im the BOS customer.

I havent got the letter yet as she is sending it on to me.

Has anyone else gone through this with the bank actually filing a defence? What happens now? Any help appreciated.

[sea-sidelady]

This does seem to be the way they are dealing with the claims now.

 

When you get your papers, have a look if they are similar to most others...

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/110071-urgent-halifax-defence-filed.html

[overflow]

Hi DK

Welcome to the site.

 

It must seem a little unnerving for you at the minute but just keep on doing what your doing and youll be fine .

As SSL says read round lots of threads. There are a lot of ppl on here that are in the same situation as yourself, youll get plenty of help as we all look out for one another on here.

 

Good Luck

 

Regards

[DerekRoney]

I received a copy of the banks allocation questionnaire today and they are asking the bank to stay the claim until after the test case with the OFT.Im not sure if the court Im using (Morpeth & Berwick County Court) are granting stay's for these claims.Hopefully not.

Just realised also that the papers from Optima Legal services claims the defendant is Halifax PLC and not BOS or HBOS !!

[**Tilly**]

hi derek have a look in here to see if your court is on the list

Find out here if your local court is staying claims

[overflow]

Hi Derek,

 

You will find that HBOS, BOS and of course Halifax are one and the same in fact I know that even the Abbey are the sister bank of Halifax.

 

Regards