Jen Vs HBOS

[GlasweJen]

I have 3 accounts with HBOS and sent a S.A.R - (Subject Access Request) more than 40 days ago asking for everything they have on the accounts, i posted it to head office in Edinburgh with my £10 cheque and got a letter a week later saying that they had a queue but my stuff would be sent within the 40 days required by the law but it hasn't come. The lady on telebanking said that the cheque hasn't been processed so it may take even longer for my stuff to be sent but there's money in the account to make sure it doesn't bounce. Who can I complain to about this? The only phone number i have is telebanking and they're useless. The branch say it's a head office issue.

 

I should mention that I'm claiming through the scottish system

[**Tilly**]

hi ya have a look in this letter no 3 is the one you need to use

Data Protection Act - Non-Compliance - Template Letters

[moneyhelp]

I doubt you calling them will do any good to be honest - they will just fob you off, but there are some direct numbers at the top of this page.

 

Also keep this handy, you will need it http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

This is also handy to have http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html#post436526

 

Ignore any fob off letter you get, we have all had them. Stick to YOUR timescales.

Any problems add them here and someone will pop in and help ok.

 

Good luck with your claim

[GlasweJen]

Thank you Tilly, i read over that template and the idea of threatening the bank with court action before I've even added up how much they owe me is scary, I realised when I went down this route that it could all go to court but I'm worried about being so aggressive early on, has anyone else went down this route? What was the response of the bank?

[moneyhelp]

You are not being agressive, you are ASKING for their unlawful charges back - shame they were not so polite when they took them!

 

We have all taken them to court, they cannot justify their charges, so cave in and pay up!

 

You are in good hand here

[**Tilly**]

like moneys says its your money and you want it back all of it:)

[GlasweJen]

Just out of curiosity, what's the probability of the bank closing my account for me doing this? I'm a bit wary as I have a student account and I'm well and truly in my overdraft but i've not actually had a charge since last November so they can't exactly say I've been abusing it lately?

[Dusary]

Hi there - and welcome!

 

First: As others have said, they have not complied. To further things along - I would also do this:

 

How to access information - Information Commissioner's Office (ICO)

 

I did it!

 

Secondly: If they WERE to close the account - then the FOS would not like it one little bit and would fine them! They view that as retaliatory action and it's a *NO-NO*.

 

Financial Ombudsman Service

 

Thirdly: Don't worry about being agressive. (They have been to you - whopping off charges right left and centre.) But when/if any of us CAGERS ring them - we are ALWAYS polite to them. FIRM but polite!

 

Everyone here has been a bit worried when we start off down this route . . . See my thread for that:

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/81108-dusary-bank-scotland.html?highlight=dusary+v+hbos

 

But, soon, with everyone else's help here - our courage grows and grows and grows!

 

Keep us informed as to how you progress. It can be a long haul (for some - like me!), for others it can be speedy - but we are all here to help each other!

[sallysas]

Sorry to hear they are making you wait. This is the really frustrating time!!! Once you start sending your letters you will feel better. I am also waiting for my data but when it comes I will be claiming from the Halifax for the third time. Maybe they will tell me to take my custom elsewhere after that but I have a parachute account ready just in case. As stated below this is frowned upon by Info Commission. Just stick to the guidelines and it will all be fine. Halifax usually pay up quicker than some of the other banks I have had dealings with so try not to worry too much. Can i suggest you send every letter with Royal Mail's 'proof of posting' which is free. Sally:)

[Dusary]

A word of comfort from sallysas - it IS the waiting that tends to get you down - but we've all been there/or are there!

 

Good advice by sallysas!!

[sallysas]

Well I try!!!!

 

I like to have several on the go at once so it dosn't get me down when they take forever and a day to post. Too many of us claiming for too few staff dealing with requests.

 

 

f you find my advise useful,click the scales

[Dusary]

We're keeping some folk in employment, though!

[lea2001gb]

I sent for my statements back in February 2007. After 44 days I had nothing so I wrote to ICO and complained that I hadn't had them. 2 days later I received a single sheet of paper with a list of charges on it that they had made. I sent this off for reclaiming the charges. Over a week later I got a huge package from the post office that had photocopies of every single statement I had ever had from Halifax. It was very heavy I can tell you. The day after that I received another package from Royal Mail with the same statements again but this time they looked like originals. I don't think Halifax have clue what is going on. I have just filed at court for my charges back. (It has taken me so long because I had filed with Abbey National too and I closed my account with them so it made more sense to pursue that one first - I did and won so I am using some of the money I got back from them to finance taking Halifax to court).

 

Halifax are a nightmare with this and causing a lot of people to wait unnecessarily because of their incompetence.

[Dusary]

Halifax are a nightmare with this and causing a lot of people to wait unnecessarily because of their incompetence.

 

 

Agreed!

 

As you'll see:

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/81108-dusary-bank-scotland.html?highlight=dusary+v+hbos

[GlasweJen]

Thanks everyone, I've got my information commisioners form all filled out and am just printing a copy of my SAR to attach to it. If this doesn't work i'll go down the court order route.

[GlasweJen]

I filled out the form for the information commisioner and it's going to be posted tomorrow morning when i'm out, but i was wondering how long does this usually take to work i.e can I expect the halipratts to cough up my statements any time this month?

[Dusary]

Information Commissioners Office send out all the letters of complaint to the Banks in bundles at the end of the month (because they have so many!).

 

Then it takes 28 days for the bank(s) to reply.

 

If it is STILL unsatisfactory, then Information Commissioners Office take on individual cases!

 

Information Commissioners Office: My entries

 

Information Commissioners Office: My entries

 

There is the letter I received!

[GlasweJen]

right non compliance to SAR being sent today, that should get things going, I have no patience for the bank, they didn't give me 40 days notice and i've never known them to dither when they're taking £39 for going 1p in the red

[Dusary]

Titch! Titch!

 

You are not getting angry with the Bank, now are you?

 

 

[GlasweJen]

Lol I used to get called Titch when I was little.

 

Yes I'm getting angry at the bank, if things keep up at this pace I'll be burning effigies of harold and the chorus in my front garden (I live across the street from the local BOS).

 

Must ask is there a guide on how to file with the court for failure to disclose information, they have 7 days and counting.

[moneyhelp]

 

Yes I'm getting angry at the bank, if things keep up at this pace I'll be burning effigies of harold and the chorus in my front garden .

 

Do you mean stone's mate HOWARD?

[GlasweJen]

harold, howard, same difference, we've never formally met he just really likes my money. I have to stare at that face every morning on my jaunt to the post office for my paper (and more recently to post complaints here, there and everywhere).

[moneyhelp]

Yes he like's my money too - but he aint gonna like givin' it back tho'

[stonedecroze]

Hi Jen, :)I had same from Haliprats and complained to I.C.O. they moved pretty quick informing me that they were not the correct dept to go to as I should have gone to F.O.S. (Financial Ombudsman Service) as this is "the most appropriate organisation to assist you when seeking to settle disputes about unfair penalty charges" but they did look into my complaint and I had a list of the charges with dates and amounts for Howards crew the same day. dont Know if there was a connection cos 27 days later I got the same list from some-one else in the same department, I am still waiting for statements but used the list they supplied from then on, prob for 2 reasons 1. they can`t argue with it cos it is their list, and 2. I plan to use this fact to show County Court that they are using delaying tactics and ignoring regulations laid down to cover the way that they are operating their business.

I filed my N1 today and am realy looking forward to my day in court. Good luck with your claim and keep us all posted.

[GlasweJen]

I don't even have a list they just keep telling me to talk to head office whenever i call to complain. I think i'm going to waltz up to their head office on the mound one day and stage a one woman protest.