Bank Charges - illegal?

tempest42

Aqua card services ( part of Bank of Scotland ) - paid up in full , £40 refunded plus £30 court fees. another win for the thread.

oops_a_daisy

:question: does anybody have any experience with claiming back charges from First Direct ?. I have just sent a letter to them requesting all charge information for the last 6 years.

thanks

OOPS A DAISY

Tabs_2

tempest42 wrote:

(a) You may apply to the court alleging a failure to comply with the subject
access provisions of the 1998 Act. The court may make an order
requiring compliance with those provisions and may also award
compensation for any damage you have suffered as a result and any
associated distress.

Hi again,

That's fine to go via the court but I would really recommend that you do let the Information Commissioner know what you are experiencing from the bank...

If it's Ok with you, I will send you a PM with the contact details of the case worker at the Commissioners Office who has dealt with our case. I think she should know there are more people being told wrong info by the bank, especially considering she is going to be contacting the Bank to tell them where they are going wrong.

If you do take action (a) then I think you will need confirmation in writing from the bank of their reasons of refusal to supply the info ... and I bet the Bank won't do this for you!

Anyway, give her a call and I hope we both win our fight with the Yorkshire! :j

tempest42

Tabs, appreciate your post and will of course let you know how things go, May also be worth PM'ing Paul -C- the same info, more the merrier.

Tabs_2

tempest42 wrote:

Tabs, appreciate your post and will of course let you know how things go, May also be worth PM'ing Paul -C- the same info, more the merrier.

Good idea, will do that!

ali82

Hi
Can anyone advise me of what to do, Halifax defaulted my account and passed it no to a collections agency whilst I was in the process of my DPA request, I told them that they was not allowed to give any information to any credit reference agencies whist the matter is in dispute as stated in the banking code but they just ignored it and done it anyway!

They have 6 days left until their 40 days are up but I don't think I will be getting my info from them.

I have written to the collections agency explaining the situation and my intentions and informing them that I will not be paying them the money, as it is all charges therefore unlawful but I hear that this company can be quite nasty (Blair Oliver Scott) from other posts on mse.

What should I do, if I stick to my guns and they don't listen or file a ccj (or whatever) then I am stuck, or am I just over reacting.

I think I should just continue as planned and take it to the courts if necessary but I just need some clarification from you clever folks!

tempest42

Ali82,
I would ring the Collection agency and make them aware of the 'Dispute' and ask them to pass it back to the halifax, If they refuse then point out on the N1 court form there is room for 2 defendants and you would be happy to put them on the form as well as the halifax
d.
Also from the dealings Ive had with the halifax(see previous posts) they dont want to know and think they are above the law, nothing but bully's. They will even enter a defence yet just days before court you will notice an entry on your statement, it says 'goodwill payment'.
Carry it through, I've so far booked 2 days of work to go to court and have it out with them and both times they have backed down (Spoilsports-like all bullys)

ali82

Ok,
I mentioned the dispute in my letter to the collections agency and enclosed a copy letter of the dpa request to Halifax along with a copy of section 13.6 of the banking code. I was quite firm in my letter and I said that I would not contact them again but I would just proceed with my claim, but I suppose I could write to them a week or so regarding the N1 form (good idea by the way)

Also I have just stared a new job so I don't really want to take any time off yet; but I suppose i'll have to as I can't rely on Halifax pulling out at the last minute even though it is likely that they will.

Thanks Tempest42 (I was really stressing!)

tempest42

Stressing is EXACTLY what they want.

Paul_-C-

I've called the IC number Tabs gave me and I'm awaiting a return call