Fluffies v Halifax

[FLUFFIES]

I have SAR'd the Halifax twice now - first time branch address so tried again at registered office (below) which I sent recorded delivery on 28th March.

Halifax Plc

Trinity Road

Halifax

West Yorkshire

HX1 2RG

The 40 days is up on Monday and I still haven't had a response and the cheque hasn't been cashed.

I seem to be getting nowhere with this!

Please could someone advise me what to do next?

Many thanks

[noodledoodle]

Send an email to customer services [email protected] (include the $ at the front otherwise it wont be sent)

 

Explain you have now sent the letter twice and they are in breach of their duties under the Data Protection Act.

 

I got my statements next day delivery by using this method.

 

Alternatively send a non compliance letter in the l(you'll find it in the library of templates.)

 

Good Luck

[andromeda411]

send e-mail to:[email protected]

 

and then you can if you want send non compliance letter

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

regards and good luck

 

andromeda411

[FLUFFIES]

Hi

I've tried emailing both of these addresses and even tried without the 'space' but they keep getting bounced back as no such address.....

Any other ideas?

Thanks

[sea-sidelady]

You could try phoning to see if they are being sent, if you get no where on the phone then send the non comliance, as in the link above.

[FLUFFIES]

Hi All,

 

I'm stuck now please could you help??

 

I've sent the non-comliance letter (template 3) to the Halifax as they are still refusing to respond. If they still don't respond after the seven day deadline what do I do then as I can't even begin to estimate how much I can claim for (I know it is a lot though!)???

 

Thanks in advance!

[andromeda411]

hi fluffies,

i am in the same boat with the bank of scotland.

hand delivered S.A.R - (Subject Access Request) to branch on the 5th march.also sent reminder.sent non compliance, filed with Information Commissioners Office. many phone calls have been made by me to bank.still no statements or list of charges.now 78 days have passed.

i could not estimate but think it would be over the £1000 anyway.

 

best regards and good luck

 

andromeda411

[sea-sidelady]

Ok what you need to do now is file at court.They have to respond to this.

 

It will cost roughly £63, but this is reclaimable.

 

The N1 form is ......

 

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

 

Here is the Poc..

 

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

 

Fill these in and take them to your local county court.

[andromeda411]

sorry to butt into the thread but does the N1 form apply in scotland as that is where i am.

 

thanks

 

andromeda411

[FLUFFIES]

Many thanks Sea-sidelady, I have printed those off and as soon as I get enough money I will file them at the court - what do I ask for at the court when I file them??

 

What happens next - how long will it take until I get a reply from the court and what do I do with it??

 

Many thanks in advance!

[sea-sidelady]

The clerk will know what they are for, but you should tell her it for getting your statements.

They will tell you exactly what will happen. They are used to all this now.

 

Once halifax get the court order it should be just a few days.

[FLUFFIES]

Right!

I have filed my claim with the court and Halifax have until 6th July to respond.

Please could you advise what I should do next?

Many thanks

[Dusary]

If you do not know the amount the bank has taken from you, then send the Data Protection Act request letter in the library Data Protection Act REQUEST (The bank can charge a maximum £10 fee for this by law - send it to stop any delaying tactics from the banks - if they don't use it then great - if they do, then fair enough - at least you'll be getting the rest of your money back).

 

Under the Data Protection Act - the Data Controller has only 40 days to provide this information. If they refuse, or do not furnish you with the full information within 40 days, report them to the information commissioner - Information Commissioners Office Information Commissioner's Office - for a breach of the Data Protection Act. We also have templated letters to force compliance through the courts - see the Templates Library.

That's from the http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

[FLUFFIES]

Yes, done that - twice but they still failed to provide. Filed a court claim for them to order Halifax to comply and provide the data and requesting my £30 court fee back and £50 costs. Halifax have until 6th July to either respond or file a defence.

Do you know what will happen next - are they likely to file a defence or send me the info?

Thanks

[Dusary]

From what I've read - they'll send you the info.

 

Have you informed the ICO?

 

Data Protection Complaints – Information Commissioner’s Office (ICO)

[FLUFFIES]

I have but on the complaints form it states,

 

'...I understand that you have no powers to punish an organisation for any likely breach of the Act and that you cannot award compensation'.

 

What is the point of complaining to them if they can't do anything about it though?

[Dusary]

Well as you'll see from my very latest addition to my thread - I have just come off the phone to ICO.

 

 

And - here is something to add to my suggestion that you SHOULD contact ICO:->

 

13 March 2007

Following an investigation into the disposal of customer's information the Information Commissioner's Office has required the following companies to each sign a formal undertaking to comply with the principles of the Data Protection Act.

• HBOS
  
• Alliance & Leicester
  
• Royal Bank of Scotland
  
• Scarborough Building Society
  
• Clydesdale Bank
  
• Natwest
  
• United National Bank
  
• Barclays Bank
  
• Co-operative Bank
  
• HFC Bank
  
• Nationwide Building Society
  
• Post Office Limited

Failure to meet the conditions of the undertaking is likely to lead further enforcement action by the ICO and could result in prosecution by the Office.

 

Further information can be found by reading the press release.

 

 

Of course, it's up to you.

[FLUFFIES]

What do I do if Halifax send my statements AFTER being served with the court papers.....how can I get the court fee and costs back if they have provided the info?

Thanks

[FLUFFIES]

Hi

I've filed N1 claim due to Halifax's failure to supply my statements from my DPA request. I received a response from the county court today stating that Halifax have files their response of their intention to defend the claim (???!!) so they now have until 30th July to file their defence.

How can they possibly defend a claim against them for failure to supply my statements?? Why can't they just send them to me??

Can anyone shed any light on what they are playing at please? Has anyone come across this with Halifax yet?

Many thanks

[moneyhelp]

I agree, sounds rather odd - what are they defending?

Maybe call them and ask exactly that, would like to know what they say

[sea-sidelady]

I agree with Money, you should phone them, it sounds like they have maybe got mixed up with the claims.