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somefriendly v halifax -battle starts


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Hello all, i would like to say thanks to all posters as they have been a great help to me as i followed all your claims and now it my turn!

Sent of Sar on the 4th May by registered letter with a PO of £10 -Just got a letter back a few days ago from Hbos saying they are dealing with a high volume of requests (no !)and they would endeavor to have my request satisfied by the 40 day rule.Interestingly i also got another letter with a cheque for £10 saying they are no longer charging for this service? Anyone heard of that?

Just another note -i don't think i have seen anyone mention about the halifax basic account puting up the amount of days it takes to clear a cheque up a couple of years ago from 4 to 6 days (i think) -surely this was a direct ploy to get more people into debt and therfore create more charge(profit) for the bank -does anyone know what reason they gave to justify this? Did the banking onbusman do anything?

Thanks all 14 days till the 40 day rule is up

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Well you was quick off the mark lol,i can't believe they sent you a cheque back i didnt know they had stopped charging :eek: would be even better if they just got on with giving people their money back quickly too instead of waiting till court proceeding were issued,i dont know about this cheque clearing thing i have basic account too and it takes ages for them to clear i know that much,like you say more money for them to make out of us all :-| anyway me babbling on welcome and keep us all posted :)

Miz_Print v Halifax Won :-D 24th july 2007:D

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They will just send you a list of charges, not statements. They charge for statements, not charge sheets.

 

Any worries just ask and some one will come along to help.

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Hi, I'm a First time user:

I sent a letter of intent to claim back £1,200 bank charges from the Halifax. (The final straw being a £30 charge for my account being overdrawn by 32p for less than an hour, and a very rude response from the bank when I complained!)

This morning I found the bank's customer relations dept had deposited £350 into my account. I have had no Letter of explanation, nor have I signed any forms or letters agreeing to accept this payment.

My question is whether I should continue my claim for the full amount - incase they deduct the £350 from my account if I don't accept this as a settlement, or whether I should deduct the £350 from the amount I am claiming through small claims court.

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Hi, I'm a First time user:

I sent a letter of intent to claim back £1,200 bank charges from the Halifax. (The final straw being a £30 charge for my account being overdrawn by 32p for less than an hour, and a very rude response from the bank when I complained!)

This morning I found the bank's customer relations dept had deposited £350 into my account. I have had no Letter of explanation, nor have I signed any forms or letters agreeing to accept this payment.

My question is whether I should continue my claim for the full amount - incase they deduct the £350 from my account if I don't accept this as a settlement, or whether I should deduct the £350 from the amount I am claiming through small claims court.

 

Hi Skywave

It would be better if you started your own thread, you will get more help that way ;)

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Hi All Sent my Sar on the 4th of june and got a letter to say they recieved it a couple of weeks leter, however i have had no info from them since -I make that 33 days so far-should i ring them or write a reminder leter -I have seen a few e-mail addresses for head office at trinity road but but not sure of the best course of action. Any help appreciated -cheers

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Quote: Hi All Sent my S.A.R - (Subject Access Request) on the 4th of june and got a letter to say they recieved it a couple of weeks leter, however i have had no info from them since -I make that 33 days so far-should i ring them or write a reminder leter -I have seen a few e-mail addresses for head office at trinity road but but not sure of the best course of action. Any help appreciated -cheers

 

any help on e-mail or best phone numbers would be appreciated

 

Cheers

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Thanks Sarah, I have E-mailed a few that were listed on that post- I a have got Automated replies from [email protected] _thats right by the way -a $ sign at the begining but all the other e-mail have come back failed-never mind at least at least a few got through and i have a automated acknowledgement to prove it as well! If i don't get a reponse in the next two days i will send a recored delivery Letter.

 

Question for anyone out there. If i get the data on the 40th day but it is incomplete -can they be reported still or do they in reality get more time?

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If you recieve any statements of information, and it is incomplete then you will need to send the non compliance letter.

 

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

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

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thanks ssl, i have now have another letter saying sorry that we haven't sent your info yet but we are a bit busy. By tomorrow they will have 4 days left to answer. I wil ring them again tomorrow and try and speak to someone and i also thought about sending a filled in Non compliance complaint letter with a warning attaced to it saying something along the lines of 'please take notice, you are in danger of willfull and deliberate non compliane of the data pro act 1998 and this form will be sent to the info com office on the 15th june by recorded delivey. don't know if it will do any good but i'm getting frustrated at not knowing all the charges and i might feel beter about it!!!

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Good idea.

Seems they are really stalling for time.

 

It gets so frustrating when you can't get on with your claim without statements. I am waiting for 3 SAR to be honoured. I really don't want to go to court just to get them, seems such a waste of their time, the banks and mine!

 

Good luck!

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yes -really bugs me this -i keep reading where someone phoned up and a nice lady said ok we will send them today!! Mind you some of posts are old and as this has snowballed i think the banks are either getting more bulshy and having a policly of making people wait 37-40 days of they can't cope. I wonder what the info com does when you make a non compliance -do they get a fine or just a slap on the wrist and a letter saying don't do it again -there should be some sort of scale 10 complaints xx£ xx£ times 2 ete etc

 

Anyone know?

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I found this...

 

What if I cannot solve the problem myself?

If you have contacted the organisation about the problem but have been unable to

solve it, then we may be able to help.

If necessary, we will investigate the problem further. If we think the law has been

broken we can give the organisation advice and ask them to solve the problem. In the

most serious cases we can order them to do so.

You should be aware that in most cases we cannot punish an organisation for

breaking the law. Nor can we award you compensation. Our priority is to get the

organisation to change so that it handles personal information properly in the future.

Quote from ICO – Information Commissioner's Office
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i still haven't had anything so i thought i might send this:

Final Reminder

Sirs/Madam

Please take notice, despite my repeated requests you have as yet failed to comply with the data requested by me on the 4th May 2007 .I take this as a willful & deliberate disregard for the English law and judiciary. I enclose a copy of the Non compliance form I intend sending to the information commissioners on the 1st July 2007. I will also enclose a copy of this final reminder as evidence of you deliberate non compliance.

Please do not treat the data protection act with contempt and forward to receiving the requested data by return of post to me.

 

Note I will also on the same date, apply for the data through the court system and claim for all my cost on the N1 form.

Going to send it with a copy of a filled in data pro act complaint form

Any thoughts

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Hi all -i have tried to get through to various depts of the halifax but nearly all numbers listed on here are now dead or end up in dead ends-did get through to custermore relations after about 30min wait on 0845326640 but despite my asking to speak to data manager, legal dept etc etc you can tell there under orders to hold everyone of.

 

The lady told me that they were overwhelmed by request -i said well take on more staff -she said we have -i ask how many and 20-30? She said no a least 100 ! She also said that i would have to wait at least another week as the min reponse time was now 45 days. I told her this is illeagal and against the data proctection act and do the halifax think they are above the law? Left it at that with her promising to send yet another e-mail to the data dept and i suggesting they take on another 100 staff.

If they don't come tomorrow, its a non compliance letter then-when i said battle i meant battle !!

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since my last post i have posted the warning letter and rang them -it seems that loads of numbers on this site don't work now -they are disconecting them!! Got though to customer relations and was told basically they would not put me through to anyone and i should be more patient as there are reallly busy! Told them to take more staff on as it is a leagal duty to get the SARs out within 40 days -I was told the halifax was now taking 45 days so i should wait another week-I told them i got done for speeding last year 38 in a forty but thats alright because i will tell the magistrate i've allowed a few extra miles and hour now.-she didn't get it -Will send the non compliance in tommorrow just after the postie has been.Can i start the court order to get them to comply over the net -if so how do you prove it -all relevent docs are paper -do you just send them in later?

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