Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
This is a really useful site, I've started corresponding with the Halifax with a view to get about £2k's worth of charges back. Having sent an initial letter with this request, and received a standard letter back stating, amongst other things,
'You have agreed that you have incurred the costs due to numerous reasons where your account has not been conducted properly. The decision stands that we will not refund these as they have been applied in accordance with our advertised charging policy and therefore your account should be maintained in a way as not to incur them'.
Enclosed was a leafet and a paragraph in the letter advised me to contact the Financial Ombudsman Service for assistance in resolving my problem.
Has anyone gone down the Ombudsman route to get a refund, or is it advisable, assuming that, having sent a further letter with a schedule of charges to the Halifax, if they don't give me my money back, to go straight to the Small Claims Court.
This is a really useful site, I've started corresponding with the Halifax with a view to get about £2k's worth of charges back. Having sent an initial letter with this request, and received a standard letter back stating, amongst other things,
'You have agreed that you have incurred the costs due to numerous reasons where your account has not been conducted properly. The decision stands that we will not refund these as they have been applied in accordance with our advertised charging policy and therefore your account should be maintained in a way as not to incur them'.
Enclosed was a leafet and a paragraph in the letter advised me to contact the Financial Ombudsman Service for assistance in resolving my problem.
Has anyone gone down the Ombudsman route to get a refund, or is it advisable, assuming that, having sent a further letter with a schedule of charges to the Halifax, if they don't give me my money back, to go straight to the Small Claims Court.
Has anyone gone down the Ombudsman route to get a refund, or is it advisable, assuming that, having sent a further letter with a schedule of charges to the Halifax, if they don't give me my money back, to go straight to the Small Claims Court.
The latter is the recommended route.
The former produces flannel
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Has anyone gone down the Ombudsman route to get a refund, or is it advisable, assuming that, having sent a further letter with a schedule of charges to the Halifax, if they don't give me my money back, to go straight to the Small Claims Court.
The latter is the recommended route.
The former produces flannel
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
The Ombudsman will not get involved with contract or legal disputes - the Ombudsman is purely a mediator if you cannot get a complaint resolved between yourselves.
Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.
The Ombudsman will not get involved with contract or legal disputes - the Ombudsman is purely a mediator if you cannot get a complaint resolved between yourselves.
Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.
I have had a letter of offer from the Halifax which is less than half that I am claiming back, they suggested that I get in touch with the Financial Ombudsman which I have done, I am now waiting for a reply from them, will let you know.
Have you sent the Halifax a letter before action? Send them a letter stating you want a full refund plus interest within a certain time or you will file a court claim. If that does not produce the required result, then process a MoneyClaim. Have a look in the Bank templates library for the most suitable template.
The Ombudsman will not get involved with contract or legal disputes - the Ombudsman is purely a mediator if you cannot get a complaint resolved between yourselves.
Forget the Ombudsman....they 'SUCK' and as 'imported' righlty says..they wont be interested
You will be better off to sticking the templates/time schedules
Continue with your claim, after which of course you can send a letter to the OFT re revoking consumer credit licence
Regulatory Section
Consumer Credit Licensing
Room 1C/5
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX
Fax 0207 211 8429
Failure to comply with direction 5 April 2006
Dear Sir/Madam,
I wish to inform you that I do not consider Halifax plc to be a “fit and proper person”, therefore this organisation should not hold a consumer credit licence.
Since June 2006 I have requested Halifax plc repay excessive and unlawful bank charges, which they had taken from my account. They refused to do so, stating that the charges were a true reflection of there costs incurred regarding my administering of my account. The charges were for the sending of a computer generated letter notifying me of an overdraft or a refused direct debit. The charges levied were £39.00 on each occasion. By way of the service of a Subject access request I discovered that no manual intervention took place on my account.
It is apparent that Halifax plc are purporting that the charges levied on its customer accounts are lawful and a true reflection of the costs incurred. This is not the case, Halifax plc are merely profiteering at its customers expense. The charges levied are far in excess of any cost incurred by them; a fact that they are well aware of. Despite much press coverage and numerous claims against them, Halifax plc continue to levy such charges.
I would contend that the actions of Halifax plc are tantamount to a criminal deception.
I ask that you investigate this matter and consider revoking the consumer credit licence of this dishonest organisation.
All the best
There is no such thing as impossible; only the degree of difficulty required to achieve the desired outcome.
Read through the FAQ Section.... Use these links :grin:
Like what I say show - add to my reputation (click the scales!)
My advice & opinions are offered informally, without prejudice & without liability. Please use your own judgment.
Halicrap - Full settlement 12/06 £408.34
Crapitol 1 - Settled in Full 27/04/07 £15808-)
All & Pester - Claim served £5695 4/09, Stayed
Woolsnitch mortgage accounts - Claim served £2995 4/09, application to strike out 06/09
Lloybles - No CCA, CPR disclosure notices served.
Continue with your claim, after which of course you can send a letter to the OFT re revoking consumer credit licence
Regulatory Section
Consumer Credit Licensing
Room 1C/5
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX
Fax 0207 211 8429
Failure to comply with direction 5 April 2006
Dear Sir/Madam,
I wish to inform you that I do not consider Halifax plc to be a “fit and proper person”, therefore this organisation should not hold a consumer credit licence.
Since June 2006 I have requested Halifax plc repay excessive and unlawful bank charges, which they had taken from my account. They refused to do so, stating that the charges were a true reflection of there costs incurred regarding my administering of my account. The charges were for the sending of a computer generated letter notifying me of an overdraft or a refused direct debit. The charges levied were £39.00 on each occasion. By way of the service of a Subject access request I discovered that no manual intervention took place on my account.
It is apparent that Halifax plc are purporting that the charges levied on its customer accounts are lawful and a true reflection of the costs incurred. This is not the case, Halifax plc are merely profiteering at its customers expense. The charges levied are far in excess of any cost incurred by them; a fact that they are well aware of. Despite much press coverage and numerous claims against them, Halifax plc continue to levy such charges.
I would contend that the actions of Halifax plc are tantamount to a criminal deception.
I ask that you investigate this matter and consider revoking the consumer credit licence of this dishonest organisation.
All the best
Excellent Letter, might use this against Abbey, Halifax & Capital One
VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES
Halifax - S.A.R - June 06
- Pre-Lim(£1665) July 06
- LBA - July 06
- MCOL - 15th Aug 06
- Acknowledged 18th Aug - Settled IN FULL
- 2nd Claim Started - 12 Dec 2006
- SETTLED IN FULL
- 3rd Claim Started (Phone Call) 1st March 2007
- SETTLED IN FULL Abbey National - S.A.R - 23/08/06
- Default Removal Letter sent 21st Sept
- LBA sent with Estimated Charges 4/10/06
- 2nd LBA 23/10/06
- N1 filed 9/11/06 - Deemed Served 16/11/06
- AQ & Draft Directions filed 19/12/06
- Court Hearing 22/3/07
- SETTLED IN FULL:o INCLUDING £5k COMPENSATION Capital One - S.A.R. 10/10/06
- SETTLED IN FULL Alliance & Leicester - Mortgage E/S/C Claim 02/03/07
- SETTLED IN FULL
Financial Ombudsman
with a view to get about £2k's worth of charges back. Having sent an initial letter with this request, and received a standard letter back stating, amongst other things,
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Originally Posted by townley8687
