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half ax I

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About half ax I

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  1. FOS are really bogged down it seems. They keep sending a we are busy and we'll update you in another four weeks.
  2. Thought I would just update to say that the case went to court a couple of months ago and Judge granted the TPDO. Asked for litigant costs but didn't get them but do have 8%. Debt now being repaid. TPDO seem quite rare except against bank accounts and it was difficult to find any similar cases but after taking the plunge it all turned out well in the end. It was good that the third party was not obstructuve. Case Closed
  3. Pen Probably not what you want to hear, but I would check the terms and conditions of your mortgage. There may be a condition that they will charge you all legal fees they incur in respect to your mortgage so irrespective of award of costs in a court they are able to charge their costs to your mortgage under the terms of the contract. However they must be able to justify that these charges are reasonable and you should be within your rights to request a fully itemised breakdown of these charges and if you think they are excessive then I think you can complain. I think the Law Society may be the organisation that can determine the reasonableness. If they have used external legal resource they should have invoices and again these should be able to stand up to scrutiny though I doubt they will offer them up. S
  4. Nice one! Well Done. Hope they sort out pretty damn quick.
  5. 2 x FTE equivalent apportioned must equate to a max of £50k plus the overhead of £25k per head (ie x 2) totals £100k divided by 5000 failed DD's equals £20 per time. OFT reckons £12 should be all it costs and some bank seemed to have proved to them £16 is OK. Must make this lot quite inefficient by comparison. 2 x FTE at say 45 weeks and a 7 hour working day suggest it takes about 45 minutes to deal with each payment failure. I bet that could be reduced through efficiencies to 10 minutes, but that would mean they wouldn't be able to justify the penalty!
  6. Well I bit the bullet and approached the business that owes the money to my debtor. Good news is they have no problem with accepting a TPDO and are willing to sign a witness statement with the salient details. Have written to MCOL to transfer case to local court in order to apply for the TPDO. With luck things should start moving now. Have downloaded the correct form and completed it. Am going to add interest at 8% since judgement obtained, plus application fee and detailed litigant in person costs (all at judges discretion). Feel a lot happier with the prospect that I may get my money back. Would welcome any advice or guidance or opinions.
  7. Phone call to Halifax confirmed this was their final response letter so have sent off complaint to Financial Ombudsman in the interest of trying all options before litigation in accordance with CPR.
  8. Latest update - Fairly obvious that they didn't want to play ball so have eventually decided to exercise the right they suggested and have sent off details to Financial Ombudsman Service.
  9. Volswagen I guess it depends on the individual circumstances. The paragraph before the one you have quoted indicates that they haven't yet had to go forward with an investigation - I guess because the banks don't want that level of intrusion from FOS. I am assuming that the banks cough up in full for the charges and maybe without interest. Sorry to hear of your hardship. I can't see how they could justify a fee of £700 for any service. What do they call that service? As I see it the FOS option is a no lose one. It doesn't stop you following other routes via the court and should at least reopen negotiations with the bank if an offer is forthcoming, which in our case will be better than the current get lost final response. To reply to Kermit Powers last question in original post. I don't think it will count against you. On the contrary you would appear to have explored all avenues prior to litigation and satisfies the "Over-riding Objectives" of the Civil Procedure Rules. S
  10. See FAQs - complaints about bank charges which would seem to suggest that bank's prefer not to have the FOS investigate. Youngest's claim against Halifax has been denied and this would seem the next step to take I think. At least worth a shot. S
  11. Well Halifax have responded before their deadline of 7th June with the letter below. So despite following the normal process it seems they have selected this as one to refuse outright. Could it be because one of the accounts is an ex-staff account? I think a complaint to FOS could be in order so that we are seen to be attempting all avenues before court in accordance with CPR. I thought they each complaint that FOS investigates costs the bank about £400 which is less than the claim. Any thoughts? Thank you for your recent complaint about the charges which have been applied to your account. I am sorry you are unhappy. Our Investigation I have carried out an investigation of your complaint and I am satisfied that the charges have been correctly applied to your account. This letter explains the reasons behind my decision. Why You Have Been Charged When you opened your account, you agreed to our terms and conditions which explained that charges would be applied if you did not keep to the terms of the account. From time to time, we have also sent you information about the current level of charges. This information formed part of your agreement with us and we have applied them strictly according to the terms agreed. We apply these charges because when customers have insufficient funds in their account to cover a payment they have asked us to make, this means additional work for us. As a result, we feel it is reasonable to charge for this service. How We Can Help If you continue to manage your account in this way, future charges will be applied to your account. We know you do not want this and we would like to work with you to help you avoid these charges altogether. We offer free banking, which means your account is free of charge, as long as your account is in credit or within an agreed overdraft limit. To ensure your account remains free of charge, it can help by keeping a running check on how much is in your account. You can get an up-to-date balance at any of our cash machines, over the phone and on line. It is also worthwhile checking the dates of your direct debits to ensure that you have enough money in your account to cover the payments when they are due to be paid. If you need greater flexibility, we may be able to help you by providing an overdraft or extending your overdraft facility. This can help to keep the costs of any unauthorised transactions down. If you feel you need more help to manage your bank account, I enclose a leaflet explaining the situations when charges will be applied and the services we offer. Outcome I am sorry to advise you I am declining your complaint. I hope I have explained the reasons for my decision. You recently received a copy of our leaflet explaining our complaints procedures. Should any of your concerns remain unresolved please let me know what you would like me to do to put matters right. We are keen to resolve your concerns, however, if we are unable to do so we'll provide you with details of how you can contact the Financial Ombudsman Service for help. If I do not hear from you in the next eight weeks I will assume you are happy. Yours sincerely
  12. Koos It is definitely worth trying to negotiate a reduction. There is a view that the ERC is to compensate for any loss they might have for early leavers. Given that an offer of the interest for the 2 remaining months would mitigate any loss they would have in those last 2 months there is possibly a chance they would accept. It might be worth asking your solicitor to negotiate the redemption although in my experience they tend to only be interested in doing the basic stuff a solicitor needs to do when there is a sale. In my daughters case the solicitor didn't find some basic errors in calculations and just took Accord's word for the amount owed. Are you moving house or selling up? I guess in any case Friday is the completion of sale date so not much time to negotiate in. As zoot says if ERC is paid include the duress bit and ask solicitor to include it in the correspondence to Accord. My daughter paid an ERC of a similar amount which when the situation is clearer will be worth getting back. Currently trying to get them to repay charges - http://www.consumeractiongroup.co.uk/forum/mortgage-companies/84157-mortgage-account-charges-long.html Good Luck S
  13. Koos You would be better starting your own thread under the http://www.consumeractiongroup.co.uk/forum/mortgage-companies/ forum. Why not copy & paste your question into a new one and we can reply there. Send me a PM when you have your own thread and I will visit. I'm sure Paul will too. S
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