Drew V Halifax

[andyford2000]

just rean dand seen the news regarding the test case.

 

bugger me, just as I am pursuing the halifax, all this happens

 

just guess I aint going to get my money back

 

arhhhhhhhhh

 

does this mean that I wont get anything till after the test case, if so, how long is it going to take to deal with

 

hellllllllllllllllllpppppppppppppppppppppppppppp

[sea-sidelady]

No, its fine, carry on with your claim.

 

Have a read of this...

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/107582-oft-test-case-what.html

[andyford2000]

thanks SSL, but am I right in understanding it as being;

 

carry on as normal, but the banks will not have to settle cases until after the test case, which might run on for few months or even longer

[Dusary]

None of us are giving up on this!

 

No matter HOW long it takes for the test case to be heard.

[andyford2000]

sorry but just as I was starting to get this sorted and plucking up the courage to fight them, it really seems to be the banks have won

[dpick]

Nope the banks have managed just to delay the inevitable for a bit longer get your claim in then you know you are in line for payment later.

 

This also puts your account in dispute and should stop some of the bulling tactics some of the banks use.

 

all the best dpick:mad:

[deadlykiss]

hi andy

nope just sit back and chill ,, have a look through other ppls threads to get an idea of what else you may need to do ,, will also give you ideas

[overflow]

Hi Andy

 

Hope your not worrying too much about this test case.

 

I dont think any of us are willing to just give in, hold out for the results and even if it does take an age just think of all the interest that is mounting on your claim .

 

I believe that a few people are panicing,( I WAS one ) but having read about what it entales Ive got a bit more insight into it now I think.

 

What will be, will be anyway . We cant have the last vote on this one unfortunatley, but in my heart I feel that the banks wont win over us.

 

Just keep on as usual until told different by the courts I guess so keep your chin up and your doing great.

 

Good Luck

 

Regards

[andyford2000]

right then, just had a letter back from the Halifax regarding my SAR

 

they have sent me a list of charges going back to 1/3/2000 and 5/12/2003 on my accounts, now i have had these accounts for must be the best part of 20 years. I havent received any statements at all from them just 2 pieces of A4 paper with the charges and dates.

 

Would I be right in thinking they have failed in my SAR ?????

 

what do I need to don now.

 

many thanks all

[**Tilly**]

hi andy you need to send a non compliance letter here is the link

Data Protection Act - Non-Compliance - Template Letters

[overflow]

Hi

 

Dont know if Im right but if you sent the SAR on the 20th July (Friday) they would get it on Monday 23rd so that means they still have till the 31st Aug to comply.

 

Sometimes they leave it till the very end of the 40days to send them to ppl.

 

If however they do not do this then go to the link that Tilly sent you and get a letter sent off.

 

They are known though for sending these out late, some ppl wait a lot longer than the 40 days as they always say they are inundated with letters requesting information.

 

Good Luck and keep us all posted ( no pun intended) LOL

 

Regards

[overflow]

Just as an afterthought Andy you could try ringing them and saying that you have recieved so many but not the full amount and if they do not comply then you will put complaint in about them .

 

MIGHT do some good and get them to get their finger out.

[andyford2000]

with them just sending a letter with all charges on. and explaining about the OFt test case. I dont think they have any intention at all in supplying me everything

[overflow]

Blimey andy that was quick LOL

 

I know they have only sent 2 bits of paper but if you do get in touch tell them you want the correct statements. I dont think the test case should be a reason for their non- compliance.

 

Like I said though they have untill the 31st so even if you did put complaint in now you might get told that they still have a few days remaining and to wait and see as dont think anyone could act on it yet if the time is not officially up.

 

I might be wrong so if anyone thinks I am please feel free to correct me.

 

Regards

[andyford2000]

do i need to state that I need my details going back to year dot, or can i only claim back for the 6 years

[overflow]

Hi again

 

Not too sure to be honest but if it were me Id tell them that I wanted EVERYTHING they had as far back as they go and if just by chance they try it on with "Sorry we only keep records for 6 yrs" tell them you know this is utter rot.

 

Tell them that there are members of the CAG that have information going back longer than that and you can get proof.

 

All of it or your going to complain..

 

Regards

[**Tilly**]

hi andy have a look in here claiming beyond 6 years

IMPORTANT Things You REALLY Need To Know

[stonedecroze]

right then, just had a letter back from the Halifax regarding my S.A.R - (Subject Access Request)

 

they have sent me a list of charges going back to 1/3/2000 and 5/12/2003 on my accounts, now i have had these accounts for must be the best part of 20 years. I havent received any statements at all from them just 2 pieces of A4 paper with the charges and dates.

 

Would I be right in thinking they have failed in my S.A.R - (Subject Access Request) ?????

 

what do I need to don now.

 

many thanks all

 

It will depend on how your S.A.R was worded Andy, If you asked for ALL INFORMATION HELD BY THEM RE YOUR ACCOUNTS then they will be in breach of compliance, If you asked " a fully comprehensive list of all the default charges for Direct Debit etc" the position is not quite so clear, (Look at my thread here stonedecroze v halifax 2 to see where I made mistakes. ) the list that they have sent you is enough to proceed with at this time. Go directly to the I.C.O Information Commissioners Office Information Commissioner's Office with your complaint about non compliance, as this will prob make them move quicker. You can do this from link just download form from site, then write to Howard and ask for statements, and copies of all letters sent to you re your accounts and a copy of the original terms and conditions that you signed.

 

so your next step after this is send in you Request for Payment, ( you can do all three of these at the same time ). thats enough to get on with for now mate, Thats a lot to take on board, any queries , just ask always someone around to help, they are a good crowd here Good luck and keep us Posted.

[overflow]

Hi Tilly,

 

I thought Id seen something refering to that but could not remember where.

 

The one remaining brain cell isnt firing right at the moment.LOL;)

[stonedecroze]

Hi Tilly,

 

I thought Id seen something refering to that but could not remember where.

 

The one remaining brain cell isnt firing right at the moment.LOL;)

 

Have you still got one left???

 

 

[andyford2000]

Thanks Stonedecroze, this what I actually sent them

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: XXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXX

 

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

[**Tilly**]

hi andy you have asked them to send a complete list of transactions relating to your banking history they havent sent these so they are in breach of compliance so you need to send the non compliance letter

[stonedecroze]

Andy, Hi again send a copy of that and a copy of what you received in response to I.C.O as Email attachments. the list if like mine:- date, amountDR. it is still enough info to proceed. Information Commissioners Office will point out "you are entitled to all the transaction information but it can be in the format that the Bank feels is appropriate" Proof of posting and reciept also helps Information Commissioners Office. when I wrote back to Howard re non compliance I specifically asked for Statements, copies of all letters and original T&Cs.

this is classed as new SAR. so they have another 40 days. Hope this helps. you can PM me if unclear. chin up

[stonedecroze]

Andy, Hi again send a copy of that and a copy of what you received in response to I.C.O as Email attachments. the list if like mine:- date, amountDR. it is still enough info to proceed. Information Commissioners Office will point out "you are entitled to all the transaction information but it can be in the format that the Bank feels is appropriate" Proof of posting and reciept also helps Information Commissioners Office. when I wrote back to Howard re non compliance I specifically asked for Statements, copies of all letters and original T&Cs.

this is classed as new S.A.R - (Subject Access Request). so they have another 40 days. Hope this helps. you can PM me if unclear. chin up

[kennythecelt]

We will all get you there Andy- don't worry.

 

These guys are great!!