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Brief summary.
SAR made 22nd June 2009 (to reclaim bank, mortgage plus credit card penalties). SAR fee banked in a matter of days and token letter of acknowledgement received.
Waited 40+ days for the data to arrive, but nothing showed up.
Delivered second letter/LBA to my local branch on 10th August giving 7 more days to provide the info requested. It was faxed across immediately and I got a phone call that same afternoon, asking if I'd received their letter (which said nothing anyway).
Still no data.
Lodged a complaint with the ICO on 18th August and received their token letter, which made the complaint seem pointless.
I'd explained in both letters to Halifax that l'd like to make a Hardship claim and would like an Income and Expenditure form be included with the data. I never got one.
Still no data.
N1 delivered to county court on 17th September, inc. breakdown of costs/damages totalling about £150.
Received letter acknowledging my court order, admitting that they hadn't complied with SAR. They claim to have refunded the £10 SAR fee and say they'll refund £30 court fee as well if I withdraw claim.
I wrote back to say that I won't (and never received the £10), but I will drop the case if they pay my damages in full.
Data finally arrives on 2nd October. No I&E form.
Then another letter and two phonecalls come suggesting that I drop the case now that they've complied. They say they've refunded the £10 and £30 fees and go on about Part 27.14 of the Civil Procedure Rules and how costs and expenses are not recoverable and how I'll have to pay their costs.
I tell Halifax to back off with the intimidation or else I'll report them to the OFT.
They also said that my costs are unreasonable, so I pointed out that making me wait so long to comply and not sending an I&E form is unreasonable. I reduce my costs anyway (to £110) to hopefully make me look more reasonable and give the court a copy as well as Halifax.
(I've now worked out all my charges/fees/penalties and they'll get those tomorrow.)
Defence arrives on 21st October. They're challenging everything, say they've refunded the two fees (they haven't) and that I never told them what wasn't disclosed.
Yesterday the Allocation Questionnaire (Small Claims Track) arrived with an offer of a free mediation service.
What would you do? Any advice gratefully received, as I'm really nervous about having to go to court and especially about having to pay their costs if I lose.
I know I've got all the info I wanted now (finally), but believe I'm still entitled to request the costs I incurred in trying to make them comply. One letter and cheque for £10 should be all that it takes after all.
Thanks,
FM
SAR made 22nd June 2009 (to reclaim bank, mortgage plus credit card penalties). SAR fee banked in a matter of days and token letter of acknowledgement received.
Waited 40+ days for the data to arrive, but nothing showed up.
Delivered second letter/LBA to my local branch on 10th August giving 7 more days to provide the info requested. It was faxed across immediately and I got a phone call that same afternoon, asking if I'd received their letter (which said nothing anyway).
Still no data.
Lodged a complaint with the ICO on 18th August and received their token letter, which made the complaint seem pointless.
I'd explained in both letters to Halifax that l'd like to make a Hardship claim and would like an Income and Expenditure form be included with the data. I never got one.
Still no data.
N1 delivered to county court on 17th September, inc. breakdown of costs/damages totalling about £150.
Received letter acknowledging my court order, admitting that they hadn't complied with SAR. They claim to have refunded the £10 SAR fee and say they'll refund £30 court fee as well if I withdraw claim.
I wrote back to say that I won't (and never received the £10), but I will drop the case if they pay my damages in full.
Data finally arrives on 2nd October. No I&E form.
Then another letter and two phonecalls come suggesting that I drop the case now that they've complied. They say they've refunded the £10 and £30 fees and go on about Part 27.14 of the Civil Procedure Rules and how costs and expenses are not recoverable and how I'll have to pay their costs.
I tell Halifax to back off with the intimidation or else I'll report them to the OFT.
They also said that my costs are unreasonable, so I pointed out that making me wait so long to comply and not sending an I&E form is unreasonable. I reduce my costs anyway (to £110) to hopefully make me look more reasonable and give the court a copy as well as Halifax.
(I've now worked out all my charges/fees/penalties and they'll get those tomorrow.)
Defence arrives on 21st October. They're challenging everything, say they've refunded the two fees (they haven't) and that I never told them what wasn't disclosed.
Yesterday the Allocation Questionnaire (Small Claims Track) arrived with an offer of a free mediation service.
What would you do? Any advice gratefully received, as I'm really nervous about having to go to court and especially about having to pay their costs if I lose.
I know I've got all the info I wanted now (finally), but believe I'm still entitled to request the costs I incurred in trying to make them comply. One letter and cheque for £10 should be all that it takes after all.
Thanks,
FM
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