Marilyn v Halifax **SETTLED**

[Marilyn]

Hi

l have to tell you my tale so far:

 

l took my request and my fee ten pounds into my branch, personally handed to someone AND got a receipt, about 12 days later l received a letter from Customer Service, yes it was from the usual person, claire something or other thanking me for my request but they couldnt proceed until l had paid 5 pounds and that all transactions are automated except for refunds!!!! l couldnt believe it, so l went to my branch AGAIN, explained what had happened and the guy who was very polite, got my details up and then rang head office who told him that they had paid MY money into my account, that was clever lm overdrawn so its not going anywhere AND had debited my account, also on a level with the stupid stakes and that they had started to process my request the day before, so obviously right hand doesnt know what the lefts doing.....

 

l received my statements, all 34 envelopes of them, so thats where all the money goes, and sat down to sort them out only to find that 14 pages of statements are missing, about 6 months worth, should l wait a couple of days before contacting them or do it straightaway, they do still have about 22 or days before their 40 days are up. Also, and this is the really stupid thing l looked at my last statement, and they have been paying a direct debit and a standing order for over a year, l havent used this a/c for that long, even though there has been no money going in, now l am getting the idea of how these banks are making such big bucks, you'd have thought they would have realised that no money going in equals NOT USING THE ACCOUNT, ld obviously forgotton the cancel them at the time l moved my account.

 

So my question is should l give them some more time for the missing statements to arrive or is this a delaying tactic, l dont think lve read anywhere that this has happened before???????

 

Can anyone help?????

 

Keep up the good work on this site and lm prepared to go all the way, so far my total in charges is 2,750 pounds and thats my money and l want it back!!!

 

Marilyn

[natalie]

Write them another letter remind them how many days they have left (of the 40 days for DPA) demand the missing statements and warn them if they dont comply you will report them to the Information Commissioner.

 

Its just a delaying tactic, stick to YOUR timetable and dontlet them sidetrack you.

 

Hope this helps

 

Natalie

[Marilyn]

Thanks Natalie

 

l did think that it was a delay tactic and l was fired up so sent an email to a specific person, got the address off this site. If l dont hear from them/her in the next couple of days l will write again, this time by letter.

 

Keep you posted.

 

Marilyn

 

___________________________

DPA sent 19 May

Statements rec'd 3 June minus 14 pages (delaying tactics) what did l expect???

Email sent 5 June

[Marilyn]

Hi everyone

 

An update:

 

Having emailed yesterday l didnt receive an acknowledgement never mind a reply, so getting angry l sent another today and cc all the people who we have email addresses for, surely someone will reply, or am l wishful thinking. l also reminded them of the Data Protection Act deadline and that if the necessary action, missing statements sent, by this date l would complain to the Information Commissioner for breach of the DPA!!!!!!!!!

 

l feel really good, but like a lot of people lm still scared that l'll be the ONE that it doesnt go right for, even after reading everyone else's threads and cheering them on and congrats to the ones that did it......

 

lm glad lve found this site it gives me encouragement and advice and keeps me going strong to carry on the fight against the (edit) b******s!!!!!

 

Marilyn

[Marilyn]

Well isnt it typical.....l was wishful thinking, not one of those people have bothered to reply, even an acknowledgement, except the for usual one that comes from customer service, you know the usual, your email has been received and will be given our attention etc etc

 

will give it til monday night and if still nothing l will send another, giving them a countdown to the DPA deadline, 28 June, reminding them that unless my request is actioned l will be reporting them for non compliance, although l suspect they will wait until the last days to do as lve asked, as lve read in many threads on here. lm going to annoy the hell out of them, by sending an email every couple of days until the missing statements have arrived.

 

in the meantime lm sitting on my hands and waiting them out, l know they have to comply in the end so why do they drag it out, the end result still going to be the same.....

 

just wanted to update my thread, more as a diary than anything else.

 

Marilyn

[Marilyn]

Hi everyone

 

l need a bit of advice, although l am still waiting for the missing statements, to date they still have not replied, but l wasnt holding my breath!!! My question is on my statements all it says for the charges is "Charges as Notified" do l need to find out what the charges related to, DDs, overdraft etc and if so how do l go about this.....l did read it somewhere, but the life of me l cant find it again.

 

 

Keep up the good work everyone, lm still feeling a bit scared but its good to know you arent alone and advice is there whenever your feeling a bit confused, and thats me most of the time, but lm determined that they are not going to hold onto MY money.

 

Sorry one more thing, can l still continue to claim even if l close my account????

 

Marilyn:???:

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

DPA - SENT 19 MAY

STATEMENTS RECEIVED - 3 JUNE - minus 14 pages

DEADLINE - 28 JUNE

[mechs]

Hi everyone

 

l need a bit of advice, although l am still waiting for the missing statements, to date they still have not replied, but l wasnt holding my breath!!! My question is on my statements all it says for the charges is "Charges as Notified" do l need to find out what the charges related to, DDs, overdraft etc and if so how do l go about this.....l did read it somewhere, but the life of me l cant find it again.

 

Keep up the good work everyone, lm still feeling a bit scared but its good to know you arent alone and advice is there whenever your feeling a bit confused, and thats me most of the time, but lm determined that they are not going to hold onto MY money.

 

Sorry one more thing, can l still continue to claim even if l close my account????

 

Marilyn:???:

 

Hi Marilyn firstly no they are charges and thats what you are claiming back

 

secondly can you claim on a closed account yes but eitherway you can only go back six years.

 

Yes they do do things just to hold you up on your claim, I have waited 45 days on one of my accounts for my Subject Access , my second breach of DPA letter goes out on the 14th if they have not replied by then :D

 

Best of luck with the claim

[Marilyn]

Hi Mechs

 

Thanks for the reply. l know what you mean about the charges, but what l wanted to know is do l have to a detailed account of the 'charges' like failure to pay a DD etc when/if my case goes to court????? l dont want to get that far only for the courts to say they need to know what the bank had charge me for. lm thinking ahead l know but l do want to get it right!!!!! and lm trying to be prepared.

 

Marilyn

[mechs]

Although we are nearer than you on two accounts we did put the defaults into the spreadsheet and just listed them as "charges as notified" as they have put them in your statements

[Marilyn]

Mechs

 

Thanks for that, and it was ok to just put that, l wasnt sure if they might need more details of the 'charges'

 

Best of luck with your claim, keep me posted how you are getting on, it keeps the spirits high when you hear that people are winning against these banks, even after all the delaying tactics etc they employ!!!

 

Marilyn:D

[mechs]

Mechs

 

Thanks for that, and it was ok to just put that, l wasnt sure if they might need more details of the 'charges'

 

Best of luck with your claim, keep me posted how you are getting on, it keeps the spirits high when you hear that people are winning against these banks, even after all the delaying tactics etc they employ!!!

 

Marilyn:D

 

No problem Marilyn, thanks we have three claims in all with the robafax oppssssss meant Halifax one as I said earlier is causing a bit of a hiccup at the moment.

[Marilyn]

Hi everyone

 

Just another update.....

 

Sent another email to all and sundry saying that as no one had bothered to reply or acknowledge my email from last week l was sending them another reminder that the deadline was 28 June and that if they still had not comply with my reasonable request then l would report them. l also said that l was only asking for what was reasonably mine and their delaying tactics would not deter me from continuing my action to recover my money....and that if this is a delay tactic then l could wait and that l wouldnt be put off by anything that they wanted to do...

 

oh god l felt so good writing that email, and yes l know it wont make the slightest difference but so what, lm not going to give up, ITS MY MONEY AND I WANT IT BACK!!!!!!!!!!!

 

Marilyn:cool:

 

____________________________________

DPA - SENT 19 MAY

STATEMENTS RECEIVED - 3 JUNE - minus 14 pages

DEADLINE - 28 JUNE

AMOUNT OWED SO FAR - 2,735.00 POUNDS

[Marilyn]

OH GOD HELP!!!

 

Just before leaving for work this morning l got a call from a debt collection agency telling me that Halifax had passed my debt, 400 pounds, had been passed to them and that l needed to start a repayment plan with them for the debt, they of course caught me on the hop as l was just about to leave, normally l wouldnt bother to answer the phone, so why the hell did l do it this morning????? l need some help! Then l went on the pc and had received an email from the Halifax a Margaret Tyler, is this a new name to add to the list, Snr Customer Relations, telling me that James Crosby had read my mail, hmm not sure about that, but it sounds good, and asked her to reply on his behalf, how nice!!!!. Basically it said that they apologised for the delay in answer, hmm oh yeah pull the other one, and they pride themselves on their level of customer service (b**s**t) and they arent employing delay tactics. She also said that they had sent me a letter 9 june informing me of the requested missing statements etc and that my DD and STO had been cancelled. (oh l havent received the letter but asked her to send me another). She also 'kindly' said that if she could be of further assistance she would handle my request personally, (l nearly fell of my chair laughing).

 

l have sent a reply, informing her of the debt collection agency call this morning and that l thought if harsh and heavy handed at this time and because of the paying of the DD and STO, with no money being credited to the account contributed to the large sum of money owed and of course CHARGES, so could they please discontinue this action until the matter had been resolved, namely they pay me what they owe and then l'll pay them, (l didnt actually say that, but lm hope they got the message) l know that it wont make a jot of difference but felt l had a point to make.......lets see what happens...oh and just a little thing but the email didnt wasnt even addressed to me personally or signed with her name either, so l politely asked that the next time sent me an email could they please use my name as l had had the courtsey to do this in my communications with them, l thought that was a nice touch, and how rude is that???????????????

 

Hope someone can get back to me with some advice, if there is anything that l can do????????

 

Marilyn:-?

 

____________________________________

DPA - SENT 19 MAY

STATEMENTS RECEIVED - 3 JUNE - minus 14 pages

DEADLINE - 28 JUNE

AMOUNT OWED SO FAR - 2,735.00 POUNDS

[Marilyn]

An update from yesterday....

 

Guess what??? l have a new best friend, her name is Margaret Tyler and she works for the Halifax and it seems she cant do enough for me LOL

 

Had 2, yes 2, emails from her today and l quote:

 

Dear Mrs Heagren

 

l will look into the matter of the debt collection agency and get back to you.

 

Unfortunately we are not able to customers accounts as closely as your email would suggest. The fact that your account was no longer funded would not have been identified. As you did not cancel the sto & DD then they would have continued to be paid or in your case payment would have been attempted. We should have however sent you a letter to notify you that a dd or sto had failed, which would have alerted you. If you did not receive the letter please let me know.Blah blah blah

 

it has her signature (first name) in red

 

Their motto at the bottom is:

'say sorry, put it right, learn from it' how quaint!!!!

 

Then got another one which says:

 

The collection agency of your current account debt by our Bank of Scotland in Rosyth. We have not sold your debt to an outside agency although it may appear that we as they operate under a different name.

 

When you make an official complaint about your charges, you email me the details if you wish.

 

Kind regards

etc etc

 

well what does everyone think of that, is this a new tactic of kindness or have l hit a bit of naive section, hmmmm l dont think so do you????

 

As you can see there is no mention of what action, if any, they are taking or not taking as regards the 'debt collection agency' which isnt but sounds like one, so l presume that it is still on.

 

l received the letter dated 9 june today as well signed by Kathleen Kerr thanking me etc and that my statements 01/01/02 to 31/12/02 & 01/04/06 to 09/06/06 will be with me shortly.

 

Lets see what happens next. Do you advise that l go down the route of giving the details to 'my new best friend' with a copy through my branch or should l just go down the normal route of Prelim letter through branch with copy to customer services/relations????? can someone please advise as lm a little confused as to what is the best thing to do in the circumstances

 

 

Marilyn:confused: ____________________________________

DPA - SENT 19 MAY

STATEMENTS RECEIVED - 3 JUNE - minus 14 pages

DEADLINE - 28 JUNE

AMOUNT OWED SO FAR - 2,735.00 POUNDS

[Marilyn]

Can someone please give me a some advice as to my other posts, lm feeling a bit like a fish out of water, inasmuch as l cant get my head round it....do l start this repayment plan or do l send another email saying that as lm in dispute re the charges, most of what l owe is in charges, that they refrain from carrying this on until it has been resolved, as hopefully l'll get my money and they will get theirs!!!!!!!!!

[Marilyn]

ooppss sorry didnt sign my last post how rude of me:o

[Marilyn]

Can anyone help with my last couple of posts????????????

1.

OH GOD HELP!!!

 

Just before leaving for work this morning l got a call from a debt collection agency telling me that Halifax had passed my debt, 400 pounds, had been passed to them and that l needed to start a repayment plan with them for the debt, they of course caught me on the hop as l was just about to leave, normally l wouldnt bother to answer the phone, so why the hell did l do it this morning????? l need some help! Then l went on the pc and had received an email from the Halifax a Margaret Tyler, is this a new name to add to the list, Snr Customer Relations, telling me that James Crosby had read my mail, hmm not sure about that, but it sounds good, and asked her to reply on his behalf, how nice!!!!. Basically it said that they apologised for the delay in answer, hmm oh yeah pull the other one, and they pride themselves on their level of customer service (b**s**t) and they arent employing delay tactics. She also said that they had sent me a letter 9 june informing me of the requested missing statements etc and that my DD and STO had been cancelled. (oh l havent received the letter but asked her to send me another). She also 'kindly' said that if she could be of further assistance she would handle my request personally, (l nearly fell of my chair laughing).

 

l have sent a reply, informing her of the debt collection agency call this morning and that l thought if harsh and heavy handed at this time and because of the paying of the DD and STO, with no money being credited to the account contributed to the large sum of money owed and of course CHARGES, so could they please discontinue this action until the matter had been resolved, namely they pay me what they owe and then l'll pay them, (l didnt actually say that, but lm hope they got the message) l know that it wont make a jot of difference but felt l had a point to make.......lets see what happens...oh and just a little thing but the email didnt wasnt even addressed to me personally or signed with her name either, so l politely asked that the next time sent me an email could they please use my name as l had had the courtsey to do this in my communications with them, l thought that was a nice touch, and how rude is that???????????????

 

Hope someone can get back to me with some advice, if there is anything that l can do????????

2.

An update from yesterday....

 

Guess what??? l have a new best friend, her name is Margaret Tyler and she works for the Halifax and it seems she cant do enough for me LOL

 

Had 2, yes 2, emails from her today and l quote:

 

Dear Mrs Heagren

 

l will look into the matter of the debt collection agency and get back to you.

 

Unfortunately we are not able to customers accounts as closely as your email would suggest. The fact that your account was no longer funded would not have been identified. As you did not cancel the sto & DD then they would have continued to be paid or in your case payment would have been attempted. We should have however sent you a letter to notify you that a dd or sto had failed, which would have alerted you. If you did not receive the letter please let me know.Blah blah blah

 

it has her signature (first name) in red

 

Their motto at the bottom is:

'say sorry, put it right, learn from it' how quaint!!!!

 

Then got another one which says:

 

The collection agency of your current account debt by our Bank of Scotland in Rosyth. We have not sold your debt to an outside agency although it may appear that we as they operate under a different name.

 

When you make an official complaint about your charges, you email me the details if you wish.

 

Kind regards

etc etc

 

well what does everyone think of that, is this a new tactic of kindness or have l hit a bit of naive section, hmmmm l dont think so do you????

 

As you can see there is no mention of what action, if any, they are taking or not taking as regards the 'debt collection agency' which isnt but sounds like one, so l presume that it is still on.

 

l received the letter dated 9 june today as well signed by Kathleen Kerr thanking me etc and that my statements 01/01/02 to 31/12/02 & 01/04/06 to 09/06/06 will be with me shortly.

 

Lets see what happens next. Do you advise that l go down the route of giving the details to 'my new best friend' with a copy through my branch or should l just go down the normal route of Prelim letter through branch with copy to customer services/relations????? can someone please advise as lm a little confused as to what is the best thing to do in the circumstances.

 

Any advice would be really appreciated please!!!!!!!!!!!!!!!!!!!

 

Marilyn

[mechs]

Sorry Marilyn I dont have the answer, I could always shout for a mod though

 

MOD please help Marilyn

[Janet-M]

If after posting a question you do not get a reply , then bump your question , if after a few days you still do not get a reply then please point this out to a moderator ,Just reading your thread now give me 10 mins

 

Firstly can you tell me how much you think your claim may be worth ?

 

you do not have a best friend please understand that , she is doing her job.

 

You state many times they have until 28th June to comply with your SAR I think you are being imaptient , please stop contacting them on this matter .Wait until its near end of time limit, 7 days , then write and remind them they have 7 days left to comply.

 

please keep all corrospondence by letter / email stop talking on phone unless you are recording the calls

 

I will answer this more fully when you have answered my questions

[mechs]

Thanks Mj

[Marilyn]

Hi mjanet

 

Sorry but l dont know how to 'bump' a mod, can you let me know how to do this thanks.....

 

am l being impatient lve only sent them a couple emails last week and havent bothered to contact them since and lm not talking on the phone to them except when they rang me the other morning when l thought it was a debt collection agency. l know l dont have a best friend, l was being sarky, lm not that naive l know that she is only doing her job l just thought it was funny that she'd signed her email with her first name, in fact l nearly fell off my chair with laughter!!!!

 

At the mo my claim is for 2734.00 pounds but as you know l do still have missing statements so who knows how much it will be...

 

Thanks for taking the time to look at my posts lm really not sure which way to go.

 

Marilyn:(

[Marilyn]

Hi Mechs

 

Hmmm think l might have been a bit impatient!!!!!

 

Thanks for calling a mod for me l didnt know how to go about getting someone's attention and feeling a bit neglected lol

 

Hows the action going, although l have read your 2 threads a couple of times????

 

Marilyn

[mechs]

Hi Mechs

 

Hmmm think l might have been a bit impatient!!!!!

 

Thanks for calling a mod for me l didnt know how to go about getting someone's attention and feeling a bit neglected lol

 

Hows the action going, although l have read your 2 threads a couple of times????

 

Marilyn

 

Hi Marilyn I just replied to your thread and perhaps a mod saw me asking for help for you, they are busy.......so may have not seen it before ....I know what its like trying to find threads I have contributed in you loose track .. just let the Halifax tick along at their own pace untill the 40 days are up then you can get heavy with them ....like I am for partial non compliance ...until the 40 days are up theres nothing much you can do ...but perhaps look up what to do at the next stage so that you are prepared for it,

 

We have filed at the court for one of our accounts the others are on hold for a while till we get some money back

[Janet-M]

Sorry but l dont know how to 'bump' a mod, can you let me know how to do this thanks.....

 

LOL sorry its my fault for not explaining propperly I didn't actually mean bump a mod (although I think a few wouldn't mind bumping us off ) , its your thread to bump to do this all you do is write ''BUMP'' as a new post in it

 

 

As for the Debt Collecting Agency , what you are claiming back is more , then you owe them .So you write to the DCA telling them that the debt is in dispute

[Marilyn]

Thanks mjanet

 

lol l dont think any of us would want to bump any of you off you are much to useful, what would we do without you??????? you do a great job keep up the good work and lm bound to have to 'bump' a mod again lol

 

Thanks again

 

Marilyn