Morgan054 v Halifax - **WON**

[morgan054]

Hi to everyone, First, I shall say what a fantastic forum this is as, asides from the obvious, it is interesting and informative and often funny, (no offence intended).

 

I sent off my DPA as per library template on 30/5/06 by registered post (£4.10, was going to pay by cheque but it would cost me a further £39 for bouncing it), and was surprised that it was received and signed for

at 8.45an on 31/5/06, is that a record for Royal Mail? Now awaiting my statements or response will update accordingly.

 

Currently 19p over my £500 overdraft limit because of their charges to which they are going to charge me again £30.

[alanfromderby]

All the best - keep us posted.

[fivelaws]

Hello new person *waves*

 

Just for future reference, unless you are sending cash*, recorded delivery is more than acceptable - they still have to sign for it and you get the same tracker service. Difference is; it's £1.00 including the 1st class stamp.

 

Quite impressive turn of speed for the Royal Mail.

 

Good luck with the response!

 

 

 

*ninja edit - thanks barracad.

[barracad]

Just for future reference, recorded delivery is more than acceptable

 

Unfortunately not - you cannot send cash using Recorded Delivery, you have to use Special Delivery.

[morgan054]

Hi again, Just an update so far, received reply today, usual blurb it seems signed by a Mr Boothroyd, Data protection consultant.

 

Dear Mr********

 

Thank you for your letter requesting specific information on the above account.

 

I confirm that copies of duplicate statements have been ordered and will be sent to you under seperate cover at the latest by 7th July 2006.

 

With regard to your request for information regarding manual intervention on your account, HBOS plc is under no statutory obligation to record this information and therefore I am unable to assist further with your request.

 

 

Blah blah blah and the now famous Personal Customer complaints leaflet.

Thats were all the money is going, to pay for these leaflets.

 

Opened another bank account just in case it gets messy.

 

By my reckoning 10th July is my 40 day deadline so we'll wait and see.

 

After sending my DPA we started having 4,5,6 calls a day from Halifax so the wife read them the statement about taping calls, Administration of justice Act 1970 etc, and when she asked if they were clear on this matter the woman from the Halifax said " Well we will still ring", My wife was bouncing, but no calls since.

 

 

 

 

 

DPA sent registerd post 31/5/06

DPA acknowledged 16/6/06

[mechs]

Hi again, Just an update so far, received reply today, usual blurb it seems signed by a Mr Boothroyd, Data protection consultant.

 

Dear Mr********

 

Thank you for your letter requesting specific information on the above account.

 

I confirm that copies of duplicate statements have been ordered and will be sent to you under seperate cover at the latest by 7th July 2006.

 

With regard to your request for information regarding manual intervention on your account, HBOS plc is under no statutory obligation to record this information and therefore I am unable to assist further with your request.

 

 

Blah blah blah and the now famous Personal Customer complaints leaflet.

Thats were all the money is going, to pay for these leaflets.

 

Opened another bank account just in case it gets messy.

 

By my reckoning 10th July is my 40 day deadline so we'll wait and see.

 

After sending my DPA we started having 4,5,6 calls a day from Halifax so the wife read them the statement about taping calls, Administration of justice Act 1970 etc, and when she asked if they were clear on this matter the woman from the Halifax said " Well we will still ring", My wife was bouncing, but no calls since.

 

DPA sent registerd post 31/5/06

DPA acknowledged 16/6/06

 

I would write to them and ask for all comunications to be dealt with by letter in the future otherwise they will try and browbeat you into accepting a lower settlement

 

Best of luck with your claim

[strude]

Hi Morgan.

Good luck with your claim,looking forward to the next instalment.;-)

All the best.

[morgan054]

Well hello again, been a bit hectic with work lately and waiting the deadline for Data Protection Act which was 10/7/06 so hav'nt had much to report, however as the deadline has passed and I have not received any further correspondence from the bank I thought I would check what my next option is.

 

After reading the thread about the Information Commissioner being inundated and not very effective, I have decided the only way is the tough way, and so have prepared a copy of the template No3 to send.

 

LETTER BEFORE ACTION

[deleted]

 

My problem is how, if the bank does not comply after this letter, do I seek this Court Order, is there a thread that someone can kindly direct me to and has anyone had to resort to a court order to obtain satisfaction or have they fullfilled their obligation before the 7 days, any help would be appreciated before I send letter.

 

[MODERATED: Letter templates are available from the templates library for registered users only]

[jonni2bad]

Yes, you start court action.

 

As this is still relatively new, there will not be many cases to read about yet, but banks have certainly got themselves moving once claims are started.

 

I would still be surprised if they didn't fully respond within 7 days though.

[morgan054]

Well I posted my letter at 12 noon yesterday Special Delivery, and its already been signed for at Halifax HQ, worth the £4.10 just to see Royal mail do its job properly, and reduce the banks timewasting, so its 7 days or court, await the next instalment

[morgan054]

Its been 4 days since receipt of letter threatning court action against them for DPA default, and still no response, sweating abit now, and not just this heat???, can't seem to find a post relating to actual court action, has anybody been that far? I notice that there have been a few recent positive outcomes so am I just unlucky (as usual)

[jonni2bad]

Let's just wait for the deadline to expire, and we can proceed from that point.

[morgan054]

Let's just wait for the deadline to expire, and we can proceed from that point.

 

Well today was the date and no post, so should I give them an "extra" day and file court on Monday or just do it tomorrow, I'm just annoyed that they seem to be happy to flout the law and play with peoples nerves. How do i file for the courts ? is there a special form I need from the courts for this.

 

 

Apologies if it sounds if I am thick but a heavy workload at present and could do without the extra stress, but I am determined to see this through even if it means going to court, any help and/or advice I would really be grateful for.

[jonni2bad]

File as soon as possible, tomorrow if you can. You have to do this in person at your local county court.

 

Have a read of the thread Data Protection Act Non-Compliance - Particulars of claim in the Templates Library

[morgan054]

Hi, Thanks for replies, I have just filled in N1 form and will be taking it to court Tuesday as its the first chance i have got, i have put a value of £10, i think thats fair as its cost me £8.20 for registered post twice plus stationery what do you think?

[DazNorthants]

I'm just 7 days behind. Sent copy of LBA for DPA to Rachel Hinchliffe who I am advised by another forum member is the right person to contact.

[jonni2bad]

...i have put a value of £10, i think thats fair .... what do you think?

 

Perfect.

[morgan054]

Well I've submitted court papers yesterday, stuck with the £10 value, but when i first spoke to a very nice girl she didnt really know how to proceed so she asked someone else was this a "specified or unspecified" and the reply was specified so it was £30, I gave them the 3 copies i had and told me i would receive one with details of case no etc in a couple of days, so now we wait again.

[morgan054]

Latest report of my long saga is, guess what? still waiting, after the court told me a few days, been waiting for post. still waiting so phoned county court today and told it was served to Halifax on 28/7/06 and issued with case number so again got to wait, don't quite know what to expect now.

 

 

Filled in an online complaint to I.C about Halifax's total disregard and contempt for the legal process in a strongly worded letter and stated I expected an urgent look at their stalling tactics, so let you know the next stage as and when.

[morgan054]

Received NI from the courts today, feels wierd me suing the bank, it states

 

"Your claim was issued on 25th July 06 The court sent it to the defendant by First class post on 27th July 06 and it will be deemed to be served on 31st July 06. The defendant has until 14th August to reply."

 

YESSS i feel so much better after going to court.

[DazNorthants]

Hopefully the Court action has enspired them to put the stuff in the post and send you your £10.

 

I can't afford the £30 this week (off on hols next week) so must wait until I get back. Hopefully by then you will be a shining example of how to claim Data Protection Act at Court. I have also completed a Information Commissioner complaint (easy online) not sure it will do much good but it is an added extra. Sure if they get enough they might just take a long look at Halcrap.

[morgan054]

Best of luck with yours and have a nice holiday, i can't afford one cos all my money went in charges:lol:

[morgan054]

Help???? just had post today and Halifax have acknowledged court summons with intent to defend claim in full, am i missing something here, as its supposed to be primarily to get them to give me my statements what is there to defend, surely not for £40 costs.

 

 

Can't see as anyone has had to go this far but others may have read a thread similar but after scouring about i cant find one.

 

I have reread all my correspondence to and from the Halifax and it seems to be in order, the timescales have been adhered to, if not generous towards the Halifax so i'm baffled, or thick.....Having sent me a reply(posted earlier) they have then gone over the required time without explanation so surely they are liable.

 

 

Told you guys i dont have much luck

[DazNorthants]

A note saying they intend to defend is one thing. Doing is very different. They are just buying time I am sure. They probably won't even pay fee.

[morgan054]

Hi all,

 

Latest, just received reply by email from ICO below, still no statements from Halifax but court date is ages away, any bets on if i'll get them before.

 

11th August 2006

Dear Mr xxxxxxxx

Thank you for your correspondence dated 31/07/06.

The matters you have raised will be assigned to one of our casework teams and allocated to a case officer who will respond accordingly in line with our current service standards.

Should you wish to contact us about this matter please quote your case reference number:

RFA0128***

Failure to do so may delay the processing of your request.

For further information please contact our Helpline on 01625 545745.

Yours sincerely

Sent on behalf of

Mr Paul Arnold

Senior Customer Service Manager