This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

welcome to the site its great. when i first found it i was much the same as you and knew very little. follow the the step by step guid in the FAQ and you will not go far wrong. the threads are full of info to so have a read. and theses loads of people to help. i should say good luck but you dont need it. you will get your money back. you have to stick with it, so stick with it

Hi There Im back, after winning my case with halifax/capital one. and my sister case with lloyds tsb. im now going after nationwide for my uncle. sadly he dose not own and can not use a pc. so if you can put up with my bad grammar and spelling. ill try and keep you up to speed. here we go again

bankfodder reviced letter your comments please I am writing to you concerning the letter I received dated 30th March 2006 your Ref L8281. I must say I am appalled that you have chosen to act this way. My reasons for this will become clear as you read through the contents of this letter. On the 30th March 2006 I received a telephone call from Halifax Retail Bank Collections asking when the this account would receive payment to bring the account in order, which I replied the requested minimum amount for April (see attached) of £26.36 had actually already been paid, in fact exceeded, as a payment of £30.00 had been paid. I explained that my intention was to settle this account by the end of the month when I received my fully refunded charges on my Halifax Card Cash and Money Back accounts from Halifax Bank plc. Just to be crystal clear on the last paragraph, 1) I have made the minimum payment and 2) I have given Halifax a time frame of 30 day in which I am able to settle the account. On the 14th February I sent two letters of complaint (see attached) to Halifax plc, stating that I was unhappy with charges on this account and requested a complete and exhaustive list of all charges made on this account over the last year under the Data Protection Act (1998). Under section 15.3 I find you in breach of the Banking Code. As you are well aware you have five days acknowledge complaint. This has not been done, and it is my belief that this breach has been entered into purposely as an effort to try and influence my decision in an ongoing litigation I have with Halifax Plc over the above mentioned bank accounts. Today, I will be filing a complaint with the Financial Ombudsman Service and the OFT complete with copies of all letters sent to you. As per section 13.6 of the Banking Code this account is in dispute and any data entry on my credit file and any movement of my account to a Recovery Agent, should show this. I should be notified 28 day before you take such action, not immediately, as implied in your letter and only after you have exhausted all efforts to recover the money yourselves. As mentioned earlier in this letter I have given you a realistic time frame and have not denied I owe some of the amount in question. Again I find you in breach of the Banking Code. Section 14.1 and section 14.2 I also find you in breach of the Data Protection Act 1998 as per sections 7, 8 and 9 of this act. As you are in no doubt aware, you are awarded 40 days to comply with this request or you must request an extension from the Information Commissioner. I had made this request in the above mentioned letters dated 14th February 2006 and you have blatantly disregarded or ignored this request. I will be filing a complaint along with a copies of all letters I have sent, to the Information Commissioner for breach of the DPA and will be asking that the Commissioner strip you of all data you hold and have placed on Credit Agency’s about me, on the basis that you are incompetents in holding such data and conforming to the DPA 1998. Now to my original complaint, it is of the opinion of the Office of Fair Trading (OFT) that charges made on account in relation to late payment fees, exceeding credit limits and so forth that are in excess of £12 are unfair and are punitive in nature, and not a genuine pre-estimate of cost and not intended to reimburse your losses for a breach of contract occurring. I therefore wish to reiterate that if no settlement of the full charges, placed on my account are made via personal cheque within the next 7 days I will continue court proceedings against you for the full amount plus interest charged at 8% and costs as stated in my previous letters to you. Additionally, if you have entered an unfavourable notice against my credit record. This has occurred merely in respect of unlawful charges levied by you and the removal of a credit facility which in my opinion is in breach of the Banking Codes. In addition to full payment of all charges I require that you remove the unfavourable entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. Again please let me be crystal clear, it is my belief that Halifax Bank PLC has purposely and intentionally breached the Bankers Code and fore-closed on my account as an effort to control or influence any decisions I may have to make regarding the above mentioned court dispute, and demand that all action on this account be suspended until the Financial Ombudsman Service has returned its report. In view of this letter, and considering your apparent incompetence to act as my fiduciary in a lawful manner, I am now considering complaining to the OFT for the retaliatory closure of this account, and taking action in County Court whereby I may seek redress for all the inconvenience you have caused me.

got this letter about my credit card account i have with halifax 30th March 2006 Your Reference: Balance: :1,157.35 Credit Limit: 1,000.00 Overlimit: 157.35 URGENT NOTICE Dear Mr PLAN74 Your account is seriously over the authorized limit.To avoid this account being referred to a recovery agent, you must make the FULL payment immediately. Your credit facilities have now been withdrawn. Do not attempt to use your card as it will be rejected. Yours sincerely, Martin Lindsay, Senior Collections Manager. I intend to reply with the following, can maybe somone ie bankfodder have a quike read through and let me know if there is anything i should take out Halifax plc Trinity Road Halifax West Yorkshire HX1 2RG Please read and understand the gravity and implications of this letter. Dear Sirs, ACCOUNT NUMBER: 00*+-*+*- I am writing to you concerning the letter I received dated 30th March 2006 your Ref L8281. I must say I am appalled that you have chosen to act this way. My reasons for this will become clear as you read through the contents of this letter. On the 30th March 2006 I received a telephone call from Halifax Retail Bank Collections asking when the this account would receive payment to bring the account in order, which I replied the requested minimum amount for April (see attached) of £26.36 had actually already been paid, in fact exceeded, as a payment of £30.00 had been paid. I explained that my intention was to settle this account by the end of the month when I received my fully refunded charges on my Halifax Card Cash and Money Back accounts from Halifax Bank plc. Just to be crystal clear on the last paragraph, 1) I have made the minimum payment and 2) I have given Halifax a time frame of 30 day in which I am able to settle the account. On the 14th February I sent two letters of complaint (see attached) to Halifax plc, Trinity Road, Halifax, West Yorkshire, HX1 2RG and to Customer Complaints, Halifax Card Services , Pitreavie Business Park, Dunfermline, KY99 4BS. Stating that I was unhappy with charges on this account and requested a complete and exhaustive list of all charges made on this account over the last year under the Data Protection Act (1998). Under section 15.3 I find you in breach of the Banking Code. As you are well aware (Within five working days of receiving your complaint, we will send you a written acknowledgement). This has not been done, and it is my belief that this breach has been entered into purposely as an effort to try and influence my decision in an ongoing litigation I have with Halifax Plc over the above mentioned bank accounts. Today, I will be filing a complaint with the Financial Ombudsman Service complete with a copy of this letter and all other letters sent to you. As per section 13.6 of the Banking Code this account is in dispute and any data entry on my credit file and any movement of my account to a Recovery Agent, should show this. I should be notified 28 day before you take such action, not immediately, as implied in your letter and only after you have exhausted all efforts to recover the money yourselves. As mentioned earlier in this letter I have given you a realistic time frame and have not denied I owe some of the amount in question. Again I find you in breach of the Banking Code. section 14.1 (We will consider cases of financial difficulty sympathetically and positively. Our first step will be to try to contact you to discuss the matter) and section 14.2 (If you find yourself in financial difficulties, you should let us know as soon as possible. We will do all we can to help you to overcome your difficulties. With your cooperation, we will develop a plan with you for dealing with your financial difficulties and we will tell you in writing what we have agreed). I also find you in breach of the Data Protection Act 1998 as per sections 7, 8 and 9 of this act. As you are in no doubt aware, you are awarded 40 days to comply with this request or you must request an extension from the Information Commissioner. I had made this request in the above mentioned letters dated 14th February 2006 and you have blatantly disregarded or ignored this request. Please do not use the excuse that you did not receive the letter as there were two sent. I will not entertain this as a defence in this matter. Again today I will be filing a complaint along with a copy of this letter and all others I have sent to you, with the Information Commissioner for breach of the DPA and will be asking that the Commissioner strip you of all data you hold and have placed on Credit Agency’s about me, on the basis that you are incompetant in holding such data and conforming to the DPA 1998. Now to my original complaint, I now understand that the regime of 'fees' which you have been applying to my account in relation to late payment fees, exceeding credit limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. I would draw your attention to the terms of the contract to which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK Law. The law does not allow punitive charges to be made and your terms and conditions cannot over ride the law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I therefore wish to reiterate that if no settlement of the full charges, placed on my account are made via personal cheque within the next 7 days I will continue court proceedings against you for the full amount plus interest charged at 8% and costs as stated in my previous letters to you. Please take note if I do not hear from you within 7 days I shall continue with my summons through the County Court without further notice to you. Of course, if you do decide to defend this matter; I will require from you a full comprehensive breakdown and analysis on your justification for such charges, please understand, it is of no interest to me whether your charges are in line with other lending institutions or the charges were correctly and fairly added to my accounts in line with your terms and conditions. I will not entertain this explanation as a justification or defence as it is these very terms and conditions that are unlawful at Common Law, Statute and recent Consumer regulations. Additionally, if you have entered an unfavourable notice against my credit record. This has occurred merely in respect of unlawful charges levied by you and the removal of a credit facility which in my opinion is in breach of the Banking Codes. In addition to full payment of all charges I require that you remove the unfavourable entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. I require repayment in full of this money and removal of any unfavourable notice. If you do not comply fully within 7 days then I shall continue with my claim against you for the full amount plus interest plus my costs and without further notice. Again please let me be crystal clear, it is my belief that Halifax Bank PLC has purposely and intentionally breached the Bankers Code and fore-closed on my account as an effort to control or influence any decisions I may have to make regarding the above mentioned court dispute, and demand that all action on this account be suspended until the Financial Ombudsman Service has returned its report. I feel it only fair to warn you that I have returned to work after my leave, and that my work takes me out of the UK for long periods of time, so I will not always be available to correspond in a prompt manner. I am, however, in the UK today 7th April and will be away again from Sunday 9th April until Monday 17th April if you wish to discuss any of these matters further. In view of this letter, and considering your apparent incompetence to act as my fiduciary in a lawful manner, I will start to consider a course of action whereby I may seek redress for all the inconvenience you have caused me. Yours faithfully, mrplan74

small token of 5 sent today when i get my charges back will send more. thanks for just being here to help guys

BankFodder which letters do you want my friend. Ill do it asap

Spiceskull But this is all good evidence of there lack of communication and incompetence for when or if you get to court. There don’t know how to reply or defend it because they have never been trained by the banks to say there in the wrong. They are just pepole doing there jobs and it working in our faver.

Here is something that with make you smile. I'm claiming my money back from 2 accounts, the letter i have already posted is for card cash account and the letter below is for my money back account. See if you can spot there mastakes, it souldnt be to hard Ive under lined it so what is it manually or automatic :?

It nice to hold the whip occasionally, PrincessAphrodite has normally got her paws on it. Seriously, the bank play with our money like its a Monopoly game and even when they are found out they continue to play until you take them to court. I know that they do this in the effort that you will give up but it p*sses me off. Like PrincessAphrodite I'm putting all my letters up on this site in an effort to help others. Feel free to use my letters if you want to give the Banks a damn good whippingggggggg.

i beg to differ, along with my Halifax claim ive also been chasing capital one for around 1300, in responce to my first letter i got a letter stating dose this mean they got anther tener out of me ?

sorry that didnt come across well, im not the best of writers that what i had to do :?

yes just use dpa letter adding your acount numbers and address send it to Legal Compliance Specialist Capital One Bank (Europe) plc Trent House Station street Nottingham NG2 3HX with a cheque for £10

just a quick note to bring you all up to date. As Ive been away on my hol's and i had things to catch up with. The last Letter i posted and fax(posted above)giving halifax two weeks to refund my charges, I receved a letter back from Mark South saying I let the 14 day pass. their time run out when i was on my hols so last monday(13th) i phoned the number to be told: If i had the 120 to start county court i would have done it there and then but i dont till this friday, so i sent this Letter Before Action today is the 7th day since that letter and still no reply its my understanding that theres only one thing left to do court action.

it should now be clear that when PrincessAphrodite prof reads for me my letter are perfix, and when she leaves me all alone my spelling gose to poo, we are tag team