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Malcontent V Halifax


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Advised by others I should start my own thread so here it is.

 

Been with Halifax donkeys years - went through some bad times and Hfux really hit me in charges - looked at some statements 2 years back with charges totaling £360 in just 3 months.

 

So I've sent of my DPA requesting info for the last 6 years yesterday (shame I cant do it for the last 26 years.

 

Question I have is what happens if my charges are over £5000 limit at Small Claims - Can I hit them twice ie first for 2000 - 2003 and second for 2004 - 2006?

 

Any advice would be appreciated

Malcontent

Data Protection Act sent to Halifax 08/06/06

Halifax statements received 23/06/06

Halifax Account Charges = £603

Preliminary letter to Halifax sent 26/06/06

Time waste letter received 05/07/06

Halifax offered £130 08/07/06

LBA sent 13/07/06

 

Financial sadists play vicious games with money as a way of asserting their power over others.

Returning money they have already stolen undermines their security and is their weakness.

 

Now is the time to turn the thumbscrew on them.

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Hi Michael,

 

Thanks for the advice on splitting to individual claims if over 5K

 

Cant wait to receive the statements and will go through them with a fine toothed combe..

 

Will let all know how I get on.

 

This site is wonderfull and will be happy to donate 5% of what is recovered from Hfux and the others to come;)

Malcontent

Data Protection Act sent to Halifax 08/06/06

Halifax statements received 23/06/06

Halifax Account Charges = £603

Preliminary letter to Halifax sent 26/06/06

Time waste letter received 05/07/06

Halifax offered £130 08/07/06

LBA sent 13/07/06

 

Financial sadists play vicious games with money as a way of asserting their power over others.

Returning money they have already stolen undermines their security and is their weakness.

 

Now is the time to turn the thumbscrew on them.

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Share on other sites

Just to clarify this point -

 

Claims that are over £5,000 might not be forced onto the fast track - it may well be possible to argue that due to the simplicity of the case (as far as we are concerned) it should be a small claims track case.

 

In short, it's not an absolute rule.

 

Secondly, if you were to calculate charges well in excess of £5,000 then you would be best advised to claim for the period of time that produced just under £5,000 (say, 6 yars ago to 4 months ago) - that way, should a court deny your second claim - which is possible - then you would have achieved the best possible result initially, rather than claiming only £3000 for instance.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 2 weeks later...

Received letter this morning from from HBOS plc written by Tim Boothroyd - Data Protection Consultant - Business Risk - Retail. (Direct Line - 01422 332991) Thanking me for my Data Protection Act letter dated 9th June and confirming that copies of duplicate statements had been ordered and will be sent seperately at the latest by 17th July.

 

Whats funny is that the statements arrived yesterday - obviously sent the day before.

 

He goes on to say that "regard to your request for information relating to manual intervention on your account, HBOS plc is under no statutory obligation to record this information and therefore, I am unable to assist with your request".

 

Therefore my belief is if they dont have a record of manual intervention then how can they prove their own charges are valid in court. :confused: (comments please?)

 

Anyway, went through the statements and found out earlier today that they owe me £593.00 on this account. :( (Thought it may have been a lot more than that and will have to check the other account now). So now I know how much i'm due I want it back.

 

Will now send letter requesting HBOS to refund my charges.:mad:

Malcontent

Data Protection Act sent to Halifax 08/06/06

Halifax statements received 23/06/06

Halifax Account Charges = £603

Preliminary letter to Halifax sent 26/06/06

Time waste letter received 05/07/06

Halifax offered £130 08/07/06

LBA sent 13/07/06

 

Financial sadists play vicious games with money as a way of asserting their power over others.

Returning money they have already stolen undermines their security and is their weakness.

 

Now is the time to turn the thumbscrew on them.

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Share on other sites

Just consider it the end of discussion on manual intervention.

 

Good luck

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 2 weeks later...

Received what I take as a standard "fobbing off we wont be rushed" letter from Halifax following my prelim letter sent on the 27th June as follows:

 

Thank you for your letter on the 30th June

I am sorry to learn of your concerns regarding charges that have been applied to your account.

We're kean to deal with your concerns as quickly as possible. A customer relations manager will investigate the points you have raised and you will receive a reply shortly, but certainly no later than 4 weeks.

 

You will find enclosed a copy of our leaflet which tells you how we will handle your complaint.

 

Your concerns will be dealt with as quickly as possible, but to help us deal more efficiently with your enquiries, please quote XXXXXXXXX when writing or telephoning.

 

Colin Smith

Customer Relations Manager.

 

Question: From what date should I send the LBA? is it from the date that it was posted or when it arrived (29th June) or the 30th When they responded:confused: .

I believe its from when they received the letter.

 

Also I have read several threads recently saying that charges less that £12 are considered by the banks as fair. :confused: Whats the situation if you have several £5 charges over several weeks (they all add up and have know idea why they were taken).

 

Answers would be appreciated

 

Thanx

 

Malcontent

Malcontent

Data Protection Act sent to Halifax 08/06/06

Halifax statements received 23/06/06

Halifax Account Charges = £603

Preliminary letter to Halifax sent 26/06/06

Time waste letter received 05/07/06

Halifax offered £130 08/07/06

LBA sent 13/07/06

 

Financial sadists play vicious games with money as a way of asserting their power over others.

Returning money they have already stolen undermines their security and is their weakness.

 

Now is the time to turn the thumbscrew on them.

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Share on other sites

Question: From what date should I send the LBA? is it from the date that it was posted or when it arrived (29th June) or the 30th When they responded:confused: .

I believe its from when they received the letter.

 

Spot on - from when they received it.

 

Also I have read several threads recently saying that charges less that £12 are considered by the banks as fair. :confused: Whats the situation if you have several £5 charges over several weeks (they all add up and have know idea why they were taken)...

Some people have jumped to conclusions regarding a statement by the OFT. This actually stated that the £12 benchmark was the point at which THEY would take banks / CC companies to court - not the consumer.

 

Pay no attention to it - charges are unlawful, even the £5 ones, if they are more than the loss to the bank.

 

Reclaim them!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Reply from Halifax Customer Relations this morning refering to terms and conditions blah,blah. Statting they believe its fair to pass costs on to those who dont need them the most.

 

Telling me to use tele and online banking (none of which I have ever done ) or using mini statements at cash machines (they took the cash card last year and couldnt care less anyway:cool: ) in fact I really dont use the account anymore because the peed me off so much. (just has an overdraft facility which i cant use and at the same time incurs no interest :D providing that I put the minimum in each month which accounts for less that what Im claiming on illegal charges).

 

Moving on - the letter states they have the right to close the account if its not used in a proper manner (actually thats a halifax own goal as they are the ones that have used my account in an improper way:-o )

Please Halifax close it - I dont need it now - I just want the money you took from me .

 

Anyway, they are prepared to refund £130 which still leaves £500 if I accept a full and final settlement (which I wont anyway) - and they confirm that they are unable to comply with my request on their charges as they are not obliged under the Data Protection Act to supply the information.

 

The LBA will be sent on Monday and I just cant wait to get to the court. :razz: (patience has never been my strong point).

If Halifax want to defend the case - "bring it on" as I really dont mind being a "test case".

 

Question, Can I now apply the interest with the LBA?

 

 

 

Will keep you posted on events

Malcontent

Data Protection Act sent to Halifax 08/06/06

Halifax statements received 23/06/06

Halifax Account Charges = £603

Preliminary letter to Halifax sent 26/06/06

Time waste letter received 05/07/06

Halifax offered £130 08/07/06

LBA sent 13/07/06

 

Financial sadists play vicious games with money as a way of asserting their power over others.

Returning money they have already stolen undermines their security and is their weakness.

 

Now is the time to turn the thumbscrew on them.

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Share on other sites

Actually, just worked out that Halifax are out by £473 not £500

 

Well just need to add the interest wont I, which is currently running at approx £120

Malcontent

Data Protection Act sent to Halifax 08/06/06

Halifax statements received 23/06/06

Halifax Account Charges = £603

Preliminary letter to Halifax sent 26/06/06

Time waste letter received 05/07/06

Halifax offered £130 08/07/06

LBA sent 13/07/06

 

Financial sadists play vicious games with money as a way of asserting their power over others.

Returning money they have already stolen undermines their security and is their weakness.

 

Now is the time to turn the thumbscrew on them.

Link to post
Share on other sites

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