There is no factor it is just managed by the owners ie. everyone who owns a flat (not a good idea, I would never do it again). Common repairs have to be done with everyones sayso.

When there is a common repair in a building and every flat is owner/occupied plus 10 out 0f 12 agree to the repair (which is a necessary repair) - does anyone know what steps need to be followed to make them pay as one in particular is a slimy character who i'm sure will be able to get out of most things

I put in a claim around March 2007 which added to £2,835. Rather ran go to court I decided to go to the FOS but that was just around the time they put a hold on paying out the charges so I have had to wait - I heard nothing from either the Halifax or the FOS (althought I must admit I have had one letter almost a year ago telling me what was happening with the charges complaint). The wrote to me again about a month ago and asked me to fill in a form and said they might be able to hurry the claim on because of hardship. So I filled it in, and got a letter yesterday offering me £1409. I am loathe to accept it in case it prevents me from getting any more although it says it wont in the letter(it might just be clever wording). the exact wording is: We have now completed an assessment of your current financial circumstances using the additional information you provided. Whilst I am satisfied that the charges were correctly applied, on this occasion, in view of your current circumstances, I would like to offer you a payment of £1409.00 without admission of liability. To accept my offer simply fill in the enclosed form and send it back to me, (on the form - it states my name, adress and roll no. and a solve it reference no. I then says below where I have to sign - I/We confirm that I/We accept a total amount of £1409.00 in settlement of my/our unarranged overdraught bank charges complaint) At the bottom of the form it is authorised by D. Tipping, Financial Difficulties Case. It also says in the letter that "To ensure you are not disadvantaged by acceping this offer prior to the outcome of the court proceedings, we can assure you we have registered and stored details of your complaint. Once the legal proceeding between the OFT and the banks finish, we will review yoour complaint again as quickly as possible, to ensure this offer reflects the courts findings - Do you think is probably just a way of trying to fob me off with about half of the money I claimed for.

I have read a lot of the postings and seem to be a lot luckier than a lot, eventually I did get all the statements for just over six years - the amount I claimed (on the spreadsheet) was £2, + they gave me an offer (after they had paid £1120 into my current account -two days later it arrived in the post, I wrote back to them and told them it was less than half the amount on the spreadsheet so I was going to reject it unless they would make a higher offer which was a lot nearer the amount on the spreadsheet, I said I would leave the offer in my current account for 10 days (as if I got overdrawn obviously it would be subtracted off this money and if they demanded this back quickly I would not be able to give them it quickly). Along with their offer they said that if they had not heard from me before the 5th of October they would assume that I was accepting their offer and no other offers would be made to me. I hear nothing about returning this money, so I telephoned them a few weeks after sending this letter and they had received it, but just not replied. They said to take the £1120 back into the Halifax and just pay in to one of the staff (which I did ask for a receipt for - I was not happy about doing this).] This was at the beginning of last week and I have heard nothing from them yet. After I received and rejected the offer for the first time I recieved a letter from the FSO asking me whether I wanted them to continue investigating the complaint after the test case is over. They said that if I do I will need to refuse any offers from the bank and they will carry on the invesgation as soon as possible (as they had been prevented from doing so at the moment). Although, this is a lot of money I think that maybe I should wait for the FSO, although it will take a long time, the thought going to Court really scares me and the fact that I am not even able to do it in a Scottish Court makes it worse. What do you think about all this?

It was worth all that persistence then, and helping others, good luck!

I haven't tried this, but it is a good idea - I will, thanks, moneyhelp.

I wrote a second letter to the Halifax, just to make things very clear as I have heard nothing from them - when they paid their "Goodwill" offer into my bank account I wrote back to them, told them I was refusing it because it was almost 1/3 of the Total on the Spreadsheet that had been sent to them - I would leave the money from the "Goodwill" offer in my current account for 10 days so that they could remove it as I was rejecting their offer, I was then going to pay it into another account as I did not want it getting mixed up with my own money eg. if I got overdrawn on my own money, the offer money would be used and I would not have the whole amount if they demanded it back or there was another reason I had to have the full sum. If I hear nothing from them again, what would you suggest I do, as they said in their offer letter that if they had not heard from me by 5th October they would assume that this was acceptable and I would not get another offer. (I do have the registered mail that has to be signed for and is guaranteed to be derived the next day). Maybe this will be enough to prove that I posted it - but it does not prove what I posted. Has anyone any suggestions what might be the best thing to do here.

Surely because it was left for the time I said it would be (plently of time for them to access and remove it).

Eventually the Halifax have made me an offer which they called a "goodwill" offer and was in no way an admission of guilt, I was a good cutomer and they wanted to keep me as a customer. The money - less than half of what I had asked for was paid directly into my bank account two days before I received an offer of it from the bank. I was told by them to write back and accept or reject the offer - I rejected and told them to remove the money from my current account within the next seven days or I would remove it to another account, it was not removed 10 days later, so I have moved it. After I had done this I wrote to them telling them what I had done and that the offer had been a "goodwill" gesture not an admission of guilt or refund of unlawful charges, so I saw no need to return this money. They have not done so yet but I am sure that the Halifax will write again and ask for their money, I still see no need to, although this is less than half of what the unlawful charges plus interest are - do you think holding onto this might lessen my chances of getting the rest.

I have just found this thread and think it might be better than the last one because I am in Scotland too. I have been claiming just under £3,000 from the Halifax (first of all going straight to them, but when I could not even get my statements, I went to the FOS, I eventually go my statements and a while (just before the test case started £1120 was paid directly into my bank account)two days later I got an offer from the Halifax offering me £1120 as full and final settlement but it was in no way an admission of guilt as they felt that my charges were fair and appropriate. It was a gesture of goodwill as they said I was a good customer and they wanted to keep my custom. I wrote back and rejected their offer, I told them that the money would be left in my cheque account for the next seven days for them to take it out, if it was not removed by that time I would remove it to another account. The just ignored this letter and I have moved the money to another account. The FOS wrote to me on Friday and told me the position with the test case and asked me if the Halifax had not settled did I want them to persue the case once the test case had finished and I said yes, I had to sign a form. The Halifax have not written to me again asking for the money back yet but I'm sure they will, I really see no need to return it as I think they made it plain they were not refunding charges. Has anyone any views?

This would be in the Scottish Courts and would be less than the charges unlawfully charged by the halifax, I've never done this type of thing before is a "stay" used in Scotland.

Got what I expected from the FOS, it said that the banks were suspending any payouts until the test case was resolved - they went on to explain about the test case and what it was. They asked me to put my signature on a form just to give them permission to take up the case again as soon as the test case is over (They could not give me any idea how long that may be). So as far as I can see, there is nothing more I can do until the bank gets back to me about the letter I sent them refusing to give them back their offer of "Goodwill" - and I'm sure they will.

When I contacted them regarding the refund they wanted returned, I told them that - as you said it was a goodwill offer (no mention of a refund of unlawful charges) they believed their charges were lawful, they were suspending all payouts until after this test case - so would I.

Two things came in the mail this morning, another two whole sets of charges, thats six sets in all - it was was over the 40 days in the data protection act and I had nothing, then suddenly I keep getting them - they obviously do not keep records very well, have to much time and too much money(the money is obvious). It is ridiculous when some people cannot get theirs at all.

think your dad may have have had more sense than us! certainly to keep the halifax right.

I spoke to the Halifax today and they are asking me to return the payment, but as you say they did "specify" that it was a goodwill gesture and not a refund of unlawful charges so I do not see there is any need to send it back. When I spoke to them they said this test case could take up to twelve months to get resolved - is this right?

Maybe things are starting to move now, I had a letter from the Halifax this morning which said "Since we last wrote to you, the bank and several other banks became involved in legal proceedings with the OFT about bank charges which we believe will resolve the legal issues on the fairness and legality of your bank charges. We have asked the FSA to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights. But I still have to return the goodwill payment they made to me which was substantially less than half of what I calculated it should be and they gave me a deadline of 5th October(so I,m glad I never touched it) - they have have have said that one the legal proceedings between the OFT and the banks finish, they will resolve my complaint they Said they will apply (test case) principles- this may produce a larger or smaller figure when compared with the current offer (do you think this could just be a way of getting out of it).

It seems that now I have written to the FOS, and they are investigating the complaint I paid the amount which they paid - less than half of what I calculated, directly into my account, even though I refused it, into another account after giving them seven days to take it back out my halifax bank account because I would only accept it as a part payment not as full and final payment as they stated. I had a letter from the FOS confirming they had received my complaint from and that it would be investigated shortly, but they are flooded with complaints at the moment, so it might take slightly longer. The Halifax have been told by me that the FOS has been informed and I will keep them updated (they know about the small sum that was paid into my Halifax bank account even though I refused). They seem to be loathe to enter into any correspondence while the FOS is involved in investigating this, so maybe I should just leave this to them.

I am hoping hoping someone can me advice on what to do, I have calculated on the spreadsheets, got that far (the halifax did not comply with the Data Protection Act so I informed the ICO and put in a complaint form to the Financial Ombudsmanwho is investigation the complaint - the total of the unfair charges was around £2800 and the Halifax wrote me a letter which was dated the 6th July (I did not get it until the 10th July(but that is really irrelevant)) offering me what they call a goodwill gesture of 1120.00 . I wrote back on the 11th July saying that I was not going to accept any less than what was on the spreadsheets which was £2,800 and enclosed it. I told them that their offer of goodwill was less than half and their was no way I would accept their "Goodwil" gesture. In the letter from them offering me th 1120 pounds they said that if they did not hear from me within 14 days they would assume that the offer was accept and pay this money into my bank account. But now I look at my bank account and they money has been paid in anyway even though I have written a letter and have a receipt for the letter. What do you think I should do (or do you think I should just contact the FSO on Monday as they have given me a reference no.)

Don't believe them about them keeping statements in archives as it is just another delaying tactic, I have asked for my baking history and sent £10 in on 3rd of April, reminding of the Data Protection Act. I sent them many letters and phoned many times always getting a defferent excuse and the final one was the best (I asked to speak to someone with some authority who could deal with this matter, a customer relations manager) He told me that to get seven years they would need to contact Bank of Scotland archives to pull out the statements , this was after I had given him the sort code and the account no. He did sound very humble and the very next day I was sent charges for the appropriate dates (not my banking history as required). Because the Data Protection Act had been breached I wrote to the ICO who I knew could do nothing regarding the charges but he could take action regarding the breach of the Data Protection Act. On the 12th May I had written to the FOS telling them the problem but they sent my complaint form back and asked me allow the Halifax 8 weeks from the date of them receiving the letter from the FOS to put the matter right (they have not done so )- as by my calculations on a spreadsheet they owe £2816.00 they did write to me the day before I was due to put in the complaint to the FOS and offered me a goodwill gesture as thy put it of £1216.00, I refused it and carried on with my complaint to the FOS.

The time has arrived and I am almost ready to re-sumit the claim to the FOS after eight weeks since I submitted it to him on the 12th May. The last letters I wrote were to the Halifax, and to the ICO telling them that the Halifax were contraveing the Data Protection Act, then when Halifax got ICO's letter, they telephoned me, I told them what I was expecting and would accept nothing less than that. I will be re-submitting the complaint form to the FOS on 12th July 2007, if the banking history has not been made available to me and corrected, no further contact will be made by me, all must be done through the FOS unless otherwise stated and unless I receive further instructions.

The Message Seems To Be Gettinf Through At Last! I Go An E-mail This Morning From The Ico And Minutes Shortly After That I Had A Telephone Call Phone The Halifax Asking Me Exactly What I Had Wanted Obviously Looked Different To What It Looked Like In The Lats 10 Or 12 Letters And Asking Them Almost Every Other Days On The Telephone. Lets Hope This E-mail Gets Along With This Post. REPKY TO DATA PROTECTION COMPLAINT.doc

I know I am premature in doing this but i want to be prepared, if I do not have any success before I contact the FOS are there any template letters for this that I can send when re-submitting my complaint form - saying that they have breached the Data Protection Act with both me and them. I tried to make one up, but I did not think it was forceful enough ( it is at the end of the thread claiming 6+ years.

I know this letter is premature But I wnt to be ready for them - or do you think I should be more forceful. letter to go with re-submission of complaint - 12th July 2007.doc