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Ok, I need some help from the "big guns". Yesterday the Halifax paid £725 into my acc as settlement for my 1st claim against my account........ Today, they took £500 back out again! When I phoned up, they said it had been taken by card services for arrears on my visa card (which I also have an action against at the moment, and have been refusing to pay until the actual amounts are sorted) Can they do this? Are they allowed to just take £500 from one account to pay for another without notice? I dont know whether to hit something or cry.

Well, I'm 3 days ahead of you, so we'll find out together I guess! From what I've seen on here, they submit a defense, then pay up just before the court date. Submitting a defense doesn't affect the court date at all.

Meagain it will be fine, just take deep breaths and stop worrying. They have until june 16th to defend my claim and I have only had the original s*d off letter too, so I wouldn't worry about that. As for having gone overdrawn again, it doesn't affect your case, from what I understand, unless of course you want to try and add the new charge to your claim. We WILL get there!

I'm confused (nothing new there then) I filed on 03/05, my return date is 30/06 and hearing date is 07/07, what is my date of service????

Congratulations!

I used the credit card template from the library here, but will use the Govan template when it comes to filing the action. Keep phoning and nagging them, it took me three calls before the statements finally arrived. Keeping my fingers crossed yours are "in the post" too:)

Thanks for the advice scottishpol, but my statements finally arrived today!! Miracles Do happen! Time to write a request for the £400 they've taken from me now:D Moderated : for the protection of the site please do not post comments that may be viewed as libellous .

The 5k limit is per acc as I understand it cwoj, and as to whether you deserve it, if you were mugged, would you feel you had deserved it for carrying money? The banks have been making us all feel guilty for so long, taking the moral high ground and treating us like we're stupid and deliberately incurring charges, but it is all a lie! They have been stealing, yes, thieving, robbing, mugging pillaging and kicking people when they are down for years and they expect to get away with it simply because they are banks and consider themselves above the law! Get MAD! Then get even:)

I am in exactly the same situation, requested my statements, told 10 days, then after 2 weeks I phoned yesterday and was told they have been posted out and would probably be with me today..still no statements. I may have to try phoning and ask for charges over the phone too.

Lothian & Borders must have less of a backload than Kirkcaldy, I filed my claim on the 2cnd too, but my return date is 30/6 and my hearing date 7/7. Needless to say Ill be following your case to see what to expect! Good Luck!

I filled in and printed off the form at home on my compter then just handed them in at the court scott8040, I used the templates from here http://www.govanlc.com/chargescourtaction_scotland.html If you need the wording for your statement of claim etc pm me and Ill email you mine if you want. Good luck!

Wow! I'm so impressed, what a great story!! If I end up needing to go to court (Kirkcaldy) would you go with me??

I would set up another acc straight away if you can Cariad. They took away my o/d and froze my acc which meant I couldnt get my money when it went into the account. Cover yourself incase they turn nasty!

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?s=&daysprune=&f=33 this link should take you to the templates section (I hope!) Good luck!

Sorry I thought I had posted to my original thread!

After another "get stuffed" letter following my LBA, I filed my first action today for £727 plus interest plus charges, and have sent a first request letter on my other acc (which has been closed already) I was so scared going into the court to file my claim, I didnt even know where my local court was LOL! It was all very simple and easy though, to anyone out their who is petrified like I was, it's honestly easier than it sounds! I was given a date of July 7th for my case, I can't wait..... now lets see them suffer for a change! Its my sons 18th birthday next week and Ive had to tell him I dont have a gift for him because of them taking my overdraft away, but he'll get something nice when I get my money back!

I am ready to spit nails! I am at the LBA stage of my claim, I turned down their initial offer of £240, and now they have taken away my £250 overdraft on my acc and frozen it!!! I am disabled with MS and my monthly benefits went in to my acc today, this is the money myself AND my kids need to eat etc and the bl**dy b*stards have taken the lot! I am ready to cry, we have no food, no gas or electric ( I use powercards) I know if I keep going I'll beat them in the end, the law is on my side etc etc, but that could take at least another month, God knows what I'm going to do until then. I cant even open another acc to get my benefits paid into because my credit rating is so low (mainly thanks to them again) I am seriously thinking of printing off leaflets telling people about this place and how they are all thieving sh*ts and handing them out in front of my local branch:o If you are in a position to set up an umbrella acc, I strongly advise you to do it because the b*stards are fighting dirty! Sorry to rant like this, and for the language, but I don't think I have ever been so angry in my entire life.

I posted yesterday that the Halifax had phoned and offered me my charges since Jan this year as a goodwill gesture, which I refused. Today I recieved a letter from them stating they would not refund my charges for the last 6 years. The interesting thing is that I havent asked for 6 years yet...since I am in Scotland and can only claim £750 per claim, I am claiming one year at a time, and this is the first, strange they are assuming I will want all 6 years yeah?

Thanks Mr Flib, I asked him that, and he said it was purely a "goodwill gesture" when I replied that they had never been keen to show me any goodwill in the past he just restated that their charges are "both fair and lawful" at which point I told him I would take my chances with the court.

Hi Everyone, I sent my first letter before action by registered post last Thursday. On Sat I received a standard letter saying someone from Customer services would contact me. Today I received a phone call offering me back my charges since Jan this year as long as I accepted this as full and final settlement, I said no immediately, the guy on the phone then asked what I WAS looking for, so I said I wanted ALL my charges back, at which point he gave me "a friendly warning" that if it went to court I could lose. I said I'd take that risk;) So now I have a question, since the guy basically said he would see me in court and that they would not be making another offer, do I still have to send a second letter before action or do I jump straight to filing at my local court?

Woohoo! Well done! Can I ask, are you just requesting £750 in charges each time? I am also in Fife and I sent off my first request for repayment letter today (registered post to local branch) to cover charges for one calender year, I intend asking for one year at a time to keep it under the £750 limit. What stage did your claims go to before they paid up? Where are you sending your requests? How long is each request taking? Feel free to pm me if thats too may questions for on here!

Hi All, I am a newbie, but having estimated my bank has been taking approx £200 a month from me for the last six years, I am joining the fight! I have 2 problems that I could do with help on, and I apologise if these issues are coverd elsewhere, I have looked but may have missed the relevant information. I would appreciate any help you can give. The first is this; My account was held at my local Halifax branch, but since the Halifax/BOS merger, my branch closed, although my sort code etc on my accounts remain the same. There IS a BOS branch in my town, but no Halifax, so where do I write to? My second question is this; I am in Scotland, my account is with the Halifax...so how much can I claim? £750 (as I'm in Scotland) or the full amount (as the Halifax is an English bs? These are probably stupid questions, but I'm feeling slightly overwhelmed with information just now! Thanks