Halifax CC Default/ SAR request

[rugger1]

Hi, a newbie here and would appreciate any help and advice.

I have an old Halifax CC that is closed. I had some problems in repaying the credit card during the recession as my income became virtually non-existent (sales/ commission based job) and at first Halifax were very understanding and accepted reduced payments for a number of months until I got things sorted.

However in sept of 2009 they decided to put the card into default without my knowing. The account had already been passed along to Blair Oliver and Scott (bos) for around 4 months. The default only came to light early this year when I started to really try to rebuild my credit rating.

Having worked hard and saved up the money I have managed to come to a settlement and the account is now closed. However this default is going to be a big problem over the next couple of years and I would like to try and get this default removed from my account. I thought the best way forward and good place to start with would be a SAR.

I sent the SAR off and Halifax have sent me some information back, however it is nowhere near all the required/ requested info. All it is is a pack of statements from the start to finish of the card. Whilst this is interesting it is not what I wanted nor do I think they have complied with the request. (I assume that this is standard now for the banks as they think everyone wants the statements)

I am coming at things from a slightly different angle than most and what I really want is letters from Bos, telecon transcripts and quite keenly the letter that they sent out to say that I was being put into default.

I might be going about this all wrong but need to start somewhere.

Could anyone advise what is this next step to get the required information that they haven't sent out. Or if I am going about getting the default removed the wrong way (or if it can be at all).

Sorry for some many questions on first post but it’s all a bit of a mind field.

Thx
Tom

[shamen]

Re: Halifax CC Default/ SAR request

Write back to the data controller and notify them (assuming 40 days have past since you asked for the SAR) that they are in breach of the DPA. Its getting more common for lots of data to be left out and hoping the Data Subject does not realize.

If it were me, Id be saying something like "while I appreciate copied of my statements, I note that additional items covered under the data protection act are missing, such as account notes, manual intervention, copies of any letters sent to me (including, but not limited to any 'default' notices, any telephone recordings etc. Please return at your earliest convinced copies of all Data requested, as currently you have exceeded the statutory 40 day time frame within which you must supply me the requested Data. If you specifically have no copies of any letters to me, specifically any 'default' notices, please state in your reply that you do not have those to supply. Failure to fully comply with this lawful request will result in a complaint to the Information Commissioners office and will be enforced via the County Court if necessary"

Worthy of note - they cannot apply a default to your account without sending you a default notice. If you never got one, and they cannot find a copy on their side, id say thats very good grounds for a DPA s10 notice to have the incorrect data removed.

[fishface]

Re: Halifax CC Default/ SAR request

I was defaulted by Halifax in April 2009, however, the Default Notice issued by them was flawed in many ways.

Not least, the Halifax defaulted me and terminated the account all within 7 days, which is unlawful.

I dare say Halifax would not have got their house in order by the time they defaulted you just a few months later.

[rugger1]

Re: Halifax CC Default/ SAR request

guy, I really appreciate your advice. I am posting the letter to halifax tomorrow and will keep you updated>

I can see this being a long process but I am annoyed in teh way that Halifax/ lloyds group are handling this.