kennythecelt 1 v halifax and BOS 0

[kennythecelt]

Hi everyone. Can I say what an inspiration this has been to me. I remember getting my first cheque book 25 years ago and how it was not really possible to go overdrawn and charges didnt really appear to happen. Zoom forward to what I think was Thatcher era and things changed. Earning better salary as I got on, sold houses, credit easier to get. However end result of that was circumstances meaning financial problems, bank giving more loans, charges appearing and escalation of financial problems. I was very much a valued customer and could always get loans, mortgages, increases, overdrafts etc.

Have been a member for some time and have kept a close eye on discussions and issues. Congrats to everyone who has reclaimed what is rightfully theirs!! To everyone else, keep going. It never really appeared possible to me when I was younger to challenge banks etc, how I have grown up now and matured, along with so many others.

I have followed your advice, templates etc. I currently have issues with Bank of Scotland and Halifax- related mortgage sold via BoS. I have one current account which over 6 years amounts to over £5,000. There are dormant accounts with BoS which have in excess of that on them in charges. My old mortgage account- Halifax had over £600 approx in charges.

My 8 weeks were up today, I gave them the time as I had a lot of business to attend to.

2 days ago I received refusal letter for refund plus interest. It had the usual paras re charges were commercially sensitive. It also had the cheek to say that they were sorry I was unhappy!! I asked if there was a formal appeal process and if they could send me details of it. I pointed out that their letter made no reference to the mortgage charges and could not be construed as a complete investigation. I also indicated that I was galvanised and would pursue them through whatever means were open to me.

However, at lunchtime I got a call from Halifax re mortgage and they offered me a full refund. They asked if that was suitable. I said no and asked about interest as I did not have the use of my money during that time. She asked if 6% was suitable. I asked her to put it in writing and I would consider it once received- thanking her.

I will wait and see what happens with BoS. That is the big one although there are older accounts.

I have been watching the Scottish debate with interest re 5 year claim back and the limits on the Small Claim court process of £750.

Given the impact of my previous financial situation, caused to a large extent by financial institutions, I want to at least pursue full interest from BoS. I am interested in the debate about damages and believe I could demonstrate that if required. Best wishes to everyone and keep going. I will keep you posted.

[moneyhelp]

 

We meet again Kenny... welcome

[kennythecelt]

Thanks Moneyhelp. Great to be part of the community!!

[eather]

HI Kenny, I know exactly what you mean in refference to the escelation of debt through charges, I too exprienced these issues ans accrued nasty credit footprints form the banks.

 

Best of luck with you big one , it has taken me a few months and had my full offer minus interest from b.o.s, so go get them...

[eather]

HI Kenny, I know exactly what you mean in refference to the escelation of debt through charges, I too exprienced these issues and I accrued nasty credit footprints form the banks , which did not help.

 

Best of luck with your big claim, it has taken me a few months and I had my full offer minus interest from b.o.s today , so go get them...

[kennythecelt]

hi and thanks. Very glad you got it settled. BoS seem quite different from Halifax. I am prepared but will need help and encouragement. Did they offer you interest? It was not mentioned initially to me by Halifax but I said it was not acceptable unless I got interest. They said 6% but not sure if this is fair or what they would charged. Best wishes!

[Dusary]

S'funny, that! You would think that the Haliprats and the Bos(tords) would have the same operating systems and approach, wouldn't you?

 

A case of the right hand not . . . . methinks!

[kennythecelt]

Hi Dusary- thanks and hello. Yes, BoS final letter of rejection and Halifax were excellent- so far. Lady was very pleasant and had phoned me so offer on phone. During our conversation I mentioned the impact the charges had on my ability to pay hence the charges on Halifax mortgage account. She was quite appreciative of that and said she hoped the BoS side would be sorted out soon. Remember that BoS had already levied charges on my current account when a payment was paid to Halifax- part of the same group. So at the time, there was a double hit from both sides on occassions.

I had forgotten, but the lady mentioned that she would also refund a £100 charge they had levied to send a debt consultant out to discuss my mortgage arrears with me at the time due to a couple of missed payments. She also said that she had noticed that I was charged twice by them for that service which was a mistake on their part and she apologised. I missed that and at the time was under so much pressure that I did not pay enough attention. Made me think though as to why I was charged which put me under more financial pressure.

When she was on the phone, she said that she would put the offer in the post and that I would have to sign papers to say I would not take further action based on that account before the full refund plus interest was released. That should be here soon.

I have had a lengthy discussion with FOS. My consumer consultant seemed very supportive and gave me the impression he was on my side although I know his role. I am more inclined to go down this route instead of court action given small claim situation in Scottish Courts. Any thoughts or advice anyone??

My issue goes back many years and the last 5 years are as a result of charges predating that time. I am interested on peoples experience in claiming back charges beyond the 5/6 year timescale. Comments appreciated!??

[Dusary]

Forgot to say *Hello* in my reply - how rude of me!

 

Certainly Halifax seems much more co-operative than HBoS!!

 

As you'll have seen from my thread - my claim for 2 BoS accounts (6-year period) amounts to almost £20k.

 

I don't think that I have any option other THAN to go down the FOS line, myself.

 

HBoS are going to get really fed up with me.

 

I began this procedure in March - and am now using all the great information in here to assist.

 

Today I am firing off the *Account in Dispute Letter* and the *Notice pursuant to s.10 of The Data Protection Act* because HBoS have slapped a default notice on me - Eeedjuts!

 

Like you I'm exploring beyond the 6-year period - IF ONLY I could prise ALL my banking history from them. (They received my non-compliance letter on May 30th!).

 

There seems to be a bit of ambiguity about claiming beyond the 6 year period. I keep going back to that thread and reading it, and re-reading it, and reading it again.......Phew!

 

Keep us posted!

[kennythecelt]

Thanks Dusary. Will read. Advice and comments were appreciated.

When I got their rejection letter I sent a fax to them. I said that their refusal had fired me up. I said that I wanted a letter from them confirming all charges on my accounts so that I had it in writing from them. I also said that I wanted copies of all statements since I started banking with them and to take the £10 from me. I might send them cheques today for each account.

I indicated that the trawl should include data base, micro fiche/ riles etc and paper records. My dealings with BoS go back to 1991.

As they had refused, I said that I wanted contractural interest and as I was upset that they had not refunded me that I was concerned about the fact that they had profitted from illegal charges they had levied against me. Similar to Tom Brennan case at court just now. Will see their reaction. link- www.tombrennan.co.uk

best regards everyone, keep together!!!

[Dusary]

Thanks for the thanks - we are all in this together!

[kennythecelt]

Hi everyone.

Re mortgage account with Halifax. Forgot to mention this- something came to light during conversation with lady from Halifax, re full settlement. (I am expecting their letter today- will psot later once I get home and check mail.)

The lady said I would need to sign for the settlement. OK. However, I then remembered that there were previous mortgages accounts that I had through BoS. I asked her if this affected my right to claim back unlawfull charges on older mortgage accounts. She said no and would have a look on the "Halifax" system to check for other mortgage account details. She said there were none. I said that I opened my BoS account in 1992 and that since then I had several mortgages arranged through BoS. She said that they would have been BoS mortgages, before both companies merged. That I am prepared to accept.

However, my original access to information letter requested full details from BoS re any account I had with them including specified account numbers that I was aware of. (Things were a bit complicated as from 1992 I had rejigged finances many times, using increased equity etc, inc several loans, financed through increased salaries to get myself through given problems with bank charges each month). However, in the statements supplied by BoS, there are no statements for any mortgage accounts with them, only the recent Halifax mortgage (closed), which I am awaiting full settlement on.

Re loans above and other BoS mortgages. I have now realised that BoS did not comply with my original Data Protection Act request and send me any statements on those loan accounts and previous mortgage accounts, only the existing current accounts and last Halifax morgtage. Nothing about anything dormant. They must be thinking/ hoping I won't ask about them or else its incompetence, which is no surprise.

I will now need to go back through all my statements to find details of other accounts I have had ie Direct Debits, credit transfers, etc set up to pay other loans mortgages. (this will probably mean finding a whole range of other charges).

However, how do I best use their failure to my advantage, ie the failure by BoS to provide details of each and every account as they were asked to do. Obviously, its just part of their delaying tactics. It might also be down to the volume of cases they have on the go etc.

I am now in the fortunate position financially that I have no debt worries and want to take my time to reclaim every penny and as far back as I can. I don't want to rush. I want to, if I can, use some form of Act to have them penalised. Their actions and treatment of everyone has focused my energies.

Would also say that I had been considering an FOS approach and have the FOS form, what would their view be on this failure by BoS to comply with my request if I went to them just now.

One last point. As part of a settlement has anyone ever had a written apology from the bank. Cheeky I know, but.....

Thanks in anticipation for any advice/ guidance.

[kennythecelt]

Information received by telephone in conversation with BoS Customer Relations Manager handling my claim. (name withheld)

 

"BoS do not consider paying back over 6 years, so you can't do that. In fact, in recognition of the fact that you Scots should not really be discriminated against and we have customers there and in England, BoS has decided to treat everyone equally and consider claims for 6 years, not 5."

 

Is that not nice and considerate of them!!!

Everyone being treated the same- well we all know that given the volume of correspondence on this community!!!

 

We shall not be moved!!

[Dusary]

 

We shall not be moved!!

 

Oh! Yes we shall!

 

Rather - THEY shall!

[Dusary]

Have you seen Bennyowen's reply in the *Claiming beyond 6 years* thread?

[kennythecelt]

Hi Dusary Have checked it.

Going home at 5 to check if settlement letter from Halifax for last mortgage account is there. I am told it is a full settlement. Tiny compared to the main one I am working on.

If this happens, Halifax will have paid up without any hassle.

Will reserve comment till it actually happens. Weather brilliant here looking forward to walk and swim on beach. Regards all and enjoy weekend.

[eather]

well good news on one kenny, glad to hear that.

 

I got my settlement sort of letter today, though it was the goodwill gesture gubbins. Though never go tmy interest, got one claim that reasonable in size, and thought I woudl have lost forever..

 

Now onto my older account where I had some major charges! nice looking forward to that and a free holiday !

 

 

keep at em!

 

and have nice weekend.

 

neil

[kennythecelt]

Hi everyone- now home and letter from Halifax re my redeemed motgage has arrived.

 

It is the settlement letter.

 

Amount agrees with sum discussed on phone however there is no mention of the interest rate applied. They indicate it is a total refund as a gesture of goodwill.

 

They are not refunding a £100 fee for debt counselling service which I thought they were.

 

They are however refunding a 2nd mistaken charge for that service which I had not noticed. This was a mistake apparently and they apologise. Thats nice of them!! (I needed the services of a counsellor according to them. They appoint one to speak to me re mortgage arrears due to financial difficulties caused in part by substantial bank charges from BoS. He gave crap advice and picked his nose and ears. They further pile on the misery by double charging and a further admin error!!)

 

They are also refunding a further charge of £76.38 for that "service", which they advise was an administrative error.

 

They are rounding up the sum, which is by way of compensation. (no mention of 6% interest agreed on phone).

 

They are not agreeable to amending credit files. EHHHH? That is a big stumbling block for me. A big issue.

 

Well. My initial thoughts are simmering anger. I will think about it before commenting further.

 

 

Your thoughts/ advice anyone!!

[kennythecelt]

Thanks Neil. Have a nice weekend too. Very glad you got your letter of acceptance. Put it to good use if accepting.

We should have a discussion re tactics.

I am not inclined to accept. There is a principle involved.

My heart says no. My wife agrees.

Perhaps a phone call on Monday, followed by recourse to FOS. (Needs to be done within 6 months.)

Cheers all!!!!!

[eather]

Hi Kenny, yes i was going to hold out for my interest , and felt that it was more about making the point, I guess it is how much you want to get them back for the prediciment they put you in, I myself have had issues but the fact I am getting every penny back minus interest , well tbh after 3 months will do just fine. I have not actually considered the defaults from them , though I think i may ask about that come monday !

 

I think you need to do what is right for you, not much use I know, I was angry initially about no interest , then thought what the hell, I am getting money back I thought I had list forever, and after 3 months , and july approcahing , well I changed my mind .

 

Anyhow , I hope it works out for you, and keep the board posted of your progress.

 

best of luck

[kennythecelt]

Hi Neil- thanks!!!

Really glad you have arrived at a decision and it is the right one as you have taken it. I know my own situation so can only hazard a guess. Stick to it and move on.

I'll try and give them one for you if I can at some stage. If I do, you'll certainly hear about it.

Best Regards, Kenny

[kennythecelt]

Has anyone successfully reclaimed a fee for debt counselling from

a) Halifax

b) any other institution?

 

Thanks in anticipation

[Dusary]

Re: More than 6 years

 

There are some very interesting success stories!

[kennythecelt]

Good Morning Dusary:)

How are you? Hope all well. Whats new?

There is such a wealth of info around. The thread on Ombudsman will come to something! At least, I hope so.

[kennythecelt]

I think I have worked out an approach. Comments welcome.

 

My big financial claim is with BoS. They have always been the bloodsuckers over the years. Never a problem to get an overdraft, have it increased, get a loan or whatever. That was on the back of me paying them a regular bonus/ divident. I was a really "good customer." There is the recent conversation with them and I am convinced BoS feel that I will settle for a lesser sum if they keep me dangling- 6 year claim discussion, not 5.

 

Halifax- within HBoS Group. Redeemed mortgage account, claim for £800 and have received financial offer. However, they are unwilling to amend credit history. That is an issue for me. It is like a red rag to a bull, perhaps unfortunately for me. Am I focussing on it too much?

 

However, joined up thinking- is it any use to me?? Halifax and BoS can't and don't work that way, that could be an avenue- David and Goliath might have merit. Look for the weak spot! Their structures appear like a silo mentality, no signs of joint approach by them. But, their joint impact on me was consistent- without them being aware of it, much like an exocet. On the one hand, BoS don't pay Halifax my motgage and hammer me with charges. In the blink of an eye, an electronic charge is hammered on my Halifax motgage account. That amounted to a double whammy on a huge scale- affect on me was crippling.

 

Could this mean that whilst I have the financial settlement from the Halifax that I wanted that I decline their offer as they are unwilling to amend my credit history. I can demonstrate that BoS have been failing to produce the bank statements within time. How would the FOS view a single complaint from me against both BoS and Halifax?

 

Need to think this through and comments/ advice needed. Anyone used such an approach before or considering it??