Tuttsi V Halifax ( 18 year claim )

[TUTTSI]

Re: HALIFAX 18 year claim

I agree with you HOD-Liam

Having a water tight POC is very important and with Maxwall's and Celestines help I now have a way forward.

When did you send Halifax your SAR expire, mine expired earlier this week. So now I need to take this further. My initial thought are that I should include their inability to provide me with my SAR request in full as a leverage as they are in default. No one has yet given me the answer to that at the moment.

When did you send your SAR and are they in default. Have you received the Bank Statements yet - as that is all which they sent to me.

DSxx

Hi Ds,
I'm in pretty much the same position, I have sent my request for statements using the SAR's these fell on deaf ears even after I phoned them on many occasions. I am waiting now for the outcome of the OFT case and then I will go for it.

Best wishes,
Hod..Liam...

Thanks Celestine, Tuttsi and others for info in your posts, maybe we can log all of these as backing for future claiments and make a water tight package for future claims.

[Sapphire]

Re: HALIFAX 18 year claim

Well Tuttsi to be honest this is way above my capabilities, but I wish you loads of luck with it, I shall certainly been keeping a watch on this thread.

[TUTTSI]

Re: HALIFAX 18 year claim

Cheers - Sapphire
Dsxx

[thephoenix]

Re: HALIFAX 18 year claim

Hi Tuttsi as Cet says

Cetelco Re: HALIFAX 18 year claim

I wonder how deaf they would be if you issued a claim against them for non-compliance with the DPA?

I did that to Halifax for a mortgage account - they sent me what I needed, with data going back to 1992.

If you need details on what to do and how to do it, look in the library, or ask here and I can help you.


You could issue a claim against them for failure? well, report them to ICO First I think.

DPA request should cover you for 10 years worth of data anyway. Any further and I guess it means a trip down to the archives...... but that would mean some one doing some work...... that ain't gonna happen msl:

[TUTTSI]

Re: HALIFAX 18 year claim

Hi Tuttsi as Cet says

Cetelco Re: HALIFAX 18 year claim

I wonder how deaf they would be if you issued a claim against them for non-compliance with the DPA?

I did that to Halifax for a mortgage account - they sent me what I needed, with data going back to 1992.

If you need details on what to do and how to do it, look in the library, or ask here and I can help you.


You could issue a claim against them for failure? well, report them to ICO First I think.

DPA request should cover you for 10 years worth of data anyway. Any further and I guess it means a trip down to the archives...... but that would mean some one doing some work...... that ain't gonna happen msl:

Thanks Phoenix

Is it worth do you think including the non compliance with my LBA for the charges! or should this be separate.

This is where I am at a loss as to what I should be doing as this is such a huge claim I do not want to mess up, after all the court fees are an arm and a leg and money is very tight right now.

Is there a letter for the ICO! in the library.

DSxx

[thephoenix]

Re: HALIFAX 18 year claim

Hi Tuttsi

As I have never issued a DPA non-compliance order, I'm unsure on whether it would be best to include or do it seperatly/.

I have PM'ed the knowledgeable ones

[Paule]

Re: HALIFAX 18 year claim

Is it worth do you think including the non compliance with my LBA for the charges! or should this be separate.

IMO I would make sure you have every figure spot on, and therefore not even send the preliminary letter yet till they have fully complied with your DPA request.

I have a copy of a 7day 'kick up the bum letter' which you can send if you want to give em another 7 days before you issue proceedings for DPA non compliance.

How have you got to your current figure if you haven't had all the details back, or what details are you waiting for from them

PKea

[TUTTSI]

Re: HALIFAX 18 year claim

Hi PK They sent me only the statements but everything else they have not sent. I know for sure they soldthe debt on to Capquest, Capquest have since returned the debt back, so there must be some manual intervention. I requested the following:-
1.They have not sent the true signed copy of the original application form.
2. All internal and external correspondence received or sent, including memos, screen notes and transcripts etc.
3. If they disclosed any information to third parties with or without my express permission.
4. The terms and conditions that were in force at the time my account was opened and any subsequent amendments to those terms and conditions. These were requested under CPR Pre-Action Protocol 4.3(e).

This request was sent 28/11/07, upon receipt of the bank statements only which were received on the 10/12/07 I sent them a reminder that they had not fully complied. The 40 days has now expired, so I am ready to send a letter of complaint and take it further.

DSxx

[thephoenix]

Re: HALIFAX 18 year claim

ok, so you have the figures.......£50k ish claim with proof of ALL charges.
You have an argument regards the limitations act

What more do you really need to issue a claim for penalty charges????


1.They have not sent the true signed copy of the original application form.
I'm not sure what you need these for
2. All internal and external correspondence received or sent, including memos, screen notes and transcripts etc.or these
3. If they disclosed any information to third parties with or without my express permission. or these
4. The terms and conditions that were in force at the time my account was opened and any subsequent amendments to those terms and conditions. These were requested under CPR Pre-Action Protocol 4.3(e). I'm sure that any T&C's would not really benefit your claim anyway, plus you could request that the court orders these documents from the defendant under CPR ?????

[TUTTSI]

Re: HALIFAX 18 year claim

The cost for to do this claim is £6/700 pounds do not have that sort of money right at this very moment, also, I am not sure if this claim will stay within the County Court or be passed to a higher court. If it goes to a higher court how will I be able to deal with it up against a top legal team of the Halifax.

With the limitations argument I am not sure if what I have is enough and whether there is anything further that can be added. If I have to go to court eventually, I would want to be absolutely sure of my ground. as if I lost the case I could get lumbered with Halifax's costs which could set me back 1000's £££'sss. Basically, I want to make this claim so watertight and not leave any room for them to wriggle out.

I understand your enthusiasm in getting this claim in, and trust me I cannot wait to get going but I just need to be 100 percent, you must understand this.

DSXx

[thephoenix]

Re: HALIFAX 18 year claim

trust me, I understand. I knew there was a reason why you requested the info you did

good to see you wanting to cover every single base. your right, this is a very large single claim and standing toe to toe with I'm sure several barristers from Halifax is going to be a daunting task. you are brave.

[Guest]

Re: HALIFAX 18 year claim

I would not entertain a claim for in excess of £50,000 based on contractual interest. This sum alone would take it out of the small claims track and place it squarely in the multi-track where costs awards can be unlimited.

I would suggest you read these posts very carefully before embarking on such a claim, in particular as you have freely admitted that at present you cannot afford to invest the sum required to even file the claim.

Legal Beagles

[TUTTSI]

Re: HALIFAX 18 year claim

Thank Celteco for your honest advice

Which is the best way forward with the limitations act as all of my claim is over 6 years. Do I quote the Sempra case and just 8% stat interest!!

Please advise me.

DSxx

[Guest]

Re: HALIFAX 18 year claim

The way forward in relation to the pre-six year stuff is to follow Celestine's example in post #13.

Essentially, section 32(1)(b) of the Limitation Act 1980 states that where, “any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant...”, then "the period of limitation shall not begin to run until the plaintiff has discovered the concealment... or could with reasonable diligence have discovered it."

In plain English, this means that in light of the banks' continued attestations that the charges levied to customers' accounts are lawful, a view which goes against that contained in the OFT statement, the above applies in your case.

However, if this does not apply and the banks' were genuinely not aware that these charges are unlawful, then the banks are mistaken - and you should cite section 32(1)(c), which covers actions for relief from the consequences of a mistake.

If it were me making this claim, then I would simply claim statutory interest on the sum of the charges. To claim anything else would, even discounting the sum involved, mean that the legal argument is such that it is doubtful a County Court would hear it and almost certainly it would not be heard on the Small Claims Track.

It might be nice to think that you could sue them for £50,000 and win, but that is, in my view, wishful thinking and the risks far outweigh any benefits. If they chose too, Halifax could tie you up in litigation for years.

[TUTTSI]

Re: HALIFAX 18 year claim

Thanks again Celteco,

I knew in my heart of hearts that I could not deal with a claim of that magnitude.

I have changed the spreadie to 8% simple interest and now it is much more respectable and is now £4.1K.

I had previously written to the Halifax some months ago when I only had statements back to 1997. But following the SAR which the statements only arrived in November the sent statements from the inception of the account at 1990. I have the letter before action by Tools, do I need to mention at this point regarding the Limitations or do I keep this for the POC.

Also, Halifax have not fully stisfied my SAR request which is now well over the 40 days, although I do not think there is anything to vital that I need.

One final point the account was in joint names should the LBA be from both of us ( hubby) or can it just come from me and that goes for the POC as well.

I know more questions...... I want to get it right.

Cheers
DSxx