ignore this, i posted twice

Ok basically i just phoned him and told him again that i could not get the £200 payment that he wanted and i could give him £300 at the end of the month, he said he is going to contact the council as they wanted a partial payment today, which seems a bit confusing because he didnt even know how much i owed or anything he had to ask me twice.

I then asked him for some sort of proof, as i have had no letter or any written evidence that its been passed to you. He said i would have to ask council for it. I asked him for a breakdown of his costs and fee's again he said i would have to ask the council for that too, as it depends on how much i owe.

I said fair enough. What should i expect next since i cant pay the £200 today only £300 a month. He said since the council were asking me for partial payment today the next you will know is a van showing up at your property for a removal of goods. I said well first of all its not my property and the stuff in there is my parents. He said can you give me written proof that it is all thier property i said no but the house is in there name. Then i said secondly you can not remove any goods from my house unless i allow you entry to the premicises is that correct, he then took his time in response and said unles you allow me entry no i cannot. I replied to that and said well you wont be able to remove anything as i wont allow you or anyone else any entry in to the premises.

After that he said to me well i will have to pass it to the council, at least thats what i think he said because the line started going funny. I asked him to repeat it and it sounded like something something notice.

So anyone got anymore advice to dish out. Thanks anyone know what he might of said would be done next i did not want to keep asking him to repeat it because it comes accross very poor for me.

Thanks zooman

If he has not been in the house, do not let him in under circumstances and he can not remove goods. Phone him and tell him that a) he will not gain entry to the house b) you know what can be charged and at what stage.

How can i find this out? Because i dont want him or anyone calling round and adding on £20 here or there when they feel fit?

Ok two years i got behind on my council tax. Then this year i could not afford to pay it back. Then about 5 months ago i got a great job and was getting my life back on track and paying debts back.

I then phoned the people who i owned my council tax to, a company called Rose & Heims PLC baliff and recover, (At least i think thats what they are called anyway) I said to them id give them (rather steep amount) of £300 a month back. The total debt is rouglhy 750 quid. I payed the first month then didnt get paid correctly the next month so i the phoned them up 3 days after payment was due and informed them that i could pay it at the end of month. They were unhappy with this and passed it on to a Baliff because i had'nt stuck the original arrangment.

The operator gave me this guys mobile number a Mr Murphy. So i called him immediatly the day was Tuesday 12th August and told him the situation he however was not interested and told me he would need at least £200 in two days time that was before Friday 15th August. I said i could not pay because i didnt have it til the end of the month. He then said "well the total amount will be payable and i will be coming to the property to collect it first thing monday via removing goods from property" that was the end of the call.

Its now friday and i havent been able to get the £200. But i am going to phone him soon and see what happens.

Additionally i dont own my property and it is still down as my parents house however they dont live here they own a pub. The stuff in the house is all theres. Is there any advice or help anyone can offer.

Thanks

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

Thanks mate! I am not going to file for interest because its only since june and its only worth something like 2.90. Should i leave the bit if highlighted out because of this? Thanks again

I am in the process of claiming back my charges off the tsb but i have an overdraft with them.

if i file the claim will they withdraw my overdraft and can the demand the full amount back in full

 

plz help

I too would like to know the same im about to start claiming for someone else but im about £1000 in my overdraft, can they close the account and demand it back because i have not got that type of money. I am only going to claim for about £400 so want to be prepared. if they do demand £1000 is there anything i can do to prevent this for the time being?

Thanks

I am just having a look around on the money claim site, has anyone got a good "Particulars of the claim" That i can use please. I would be very grateful thanks

Thanks everyone for your help and advice so far very helpful.

My next step is basically to file for a claim. Will be doing so next week!! I have worked it out and at the moment I will be claiming for 388 Pound. Plus interest which is 3.71.

There are more charges comingout next week so i am not touching my account until every charge has come out so i can work it all out again just to make sure i ahve it all correct and then i will be filing for everything.

OK thanks mate thats what im going to do, im going to file for a claim next week when all the charges are out. Will the fact that ive told the bank i will be filing on the 25h august and i wont be til around the 5th september make any difference?

Anyone got any advice, on what i should do next, thanks

I wouldn't bother replying to their letter. If you hold off filing for a week you can include the new charges and file a claim for £448.

Yes what I cant decide whats best to do. Wether to send this letter.

Dear Sir / Madam

 

I have recently received a letter offering me £150.00 of my total claim of £298.00. However I would like to reiterate that I will be requiring the charges in full and therefore I am declining this offer.

 

I would also like to remind yourselves that there have been two more charges applied to my account one for £30 on the 21st August 2006 and another for £30 on the 22nd August. This has led me to revise my claim now to £358.00

 

As a courtesy, I am willing to give yourselves a further 7 days before I issue my claim to the County Court. If you do not comply fully before that date then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice.

 

To clarify: If I have not received a full refund totaling £358.00 before the 5th September 2006 then I will be filing a claim for the full amount plus interest, plus my costs and without further notice. In addition to the £358.00 if any other charges are applied my account before this matter is settled then I will revise my claim to include the additional charges.

 

As I have stated in my previous letters, I shall also submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit license under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

If you have any correspondence you wish to send to me regarding this matter then can you please send it to the below address as access to my previous address is unavailable for the next three weeks.

 

********

*******

****

 

 

Yours Sincerely

Or to just wait a week and ALL charges will of been applied then i can just claim for the lot and get it all sorted at once.

Ok i sent that letter 7 days ago and still no response will be filing for a claim tomorrow. Now however i went the house that halifax has my original address for and there is a letter dated 14th August offering me £150 when the claim had been revised to £298. Since i did not know it was there i didnt respond and just carried on with the next letter saying they have a further 7 days. There letter offering £150 also states that "they reserve the right to close your account if you do not manage it correctly."

Should i just carry on with filing for a claim or do i need to respond to that letter. Whats the best step for me now.

The full claim now is £358.00 with a further £30 due to come out tomorrow and probably another £60 within a week. Should i send them a letter refusing the £150.00 for the claim of £358.00 even tho when they offered it was only £298.00. Or should i send them a letter stating that i refuse the offer for £150.00 for the £298.00 and remind them that my claimhas been changed to now £358.00.

I wanted to give the bank the chance to refund it out of court should i give them another chance reiterate that it is now £358.00 with further charges to come out and im not prepared to accept £150. I was going to jsut send them a letter saying that and tell them that i will be filing for a claim with immediate effect.

Any help appreciated thanks.

Ok finalised letter due to be sent out first class tomorrow, not sure wether to do it recorded or not

**********

**********

*****

 

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

18TH August 2006

 

SORT CODE: ********

ACCOUNT NUMBER: ********

 

Dear Sir/Madam

 

I have previously contacted yourselves regarding unlawful charges that were applied to my account summing a total of £150. Since then however there have been more charges applied to my account, which has led me to revise my claim as stated in my previous letters.

 

There were two charges applied to my account. One charge of £118 was applied on 31st July 2006 and another charge of £30 applied on the 3rd August 2006. This has led me to revise my claim, increasing the total amount to £298.00.

 

There are also two more charges totalling an additional £60 to be deducted from my account on the 23rd August 2006. If these charges are applied to my account then I will once again be revising my claim to cover for the additional unlawful charges.

 

As a courtesy, I am willing to give yourselves to the 24th August 2006 before I issue my claim to the County Court. If you do not comply fully before that date then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice.

 

To clarify: If I have not received a full refund totalling £298.00 before the 24th August 2006 then on the 25th August 2006 I will be filing a claim for the full amount plus interest, plus my costs and without further notice. In addition to the £298.00 if any other charges are applied to my account before the 25th August then I will revise my claim to include the additional charges. This includes the charges due to come out on the 23rd August 2006 for £60.

 

As I have stated in my previous letter, I shall also submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit license under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

If you have any correspondence you wish to send to me regarding this matter then can you please send it to the below address as access to my previous address is unavailable for the next three weeks.

 

********

********

***

 

Yours Sincerely

 

 

Fine - send it to;

 

HBOS Legal Service - Retail Division

Trinity Road

Halifax

West Yorkshire

HX1 2RG

 

If they don't stop these charges, include them in the claim

Ok i will send that letter to that address, as opposed tot aking it to branch and getting a receipt. How come its better to send it to that address rather than the branch do they have a higher power to refund the charges etc etc.

Why you need to post this here is not clear.......you could have posted this in your thread !!

 

Your request for mods to look at the letter ???

 

 

Forgive me for sounding rude but you have already had several opinions on your letters.......and if the mods spent all their time checking everyones letters ............

 

For the record it looks ok.......but please read the faqs a little more and get some insight from other threads too.

I understand you may want to be more than careful but you will satisfy yourself on this point by just looking around the site a bit more.

Thanks for you help but nobody has stated anything regarding the letter and i have to post it today if its to be posted hence why i needed a response today. Thanks for your help tho

Hi

Have just had another two charges totalling £67 taken from my account today! Have rang Halifax and they have said as a "gesture of goodwill" they will reverse this, but he starting saying that this means I agree they have acted in accordance with their terms and conditions. Have already sent my DSAR let and am in receipt of most statement. Dont want to jeopardise my position by agreeing for it to be reversed! Any ideas what I should do?????

 

Thanks

Claire

Personally i believe that people should avoid communication via phone calls at all times its too easy to make a costly mistake. As regards to any other charges that a re put on your account just deal with it for now and add it on at the end. Make sure each letter you send states that you will claim for any additional charges that may come out of your account whilst this matter is being settled

I AM JUST STARTING A REFUND CLAIM AGAINST HALIFAX BANK. DO I SEND THE LETTER TO MY LOCAL BRANCH MANAGER OR THE MANAGER AT HEADQUARTERS. REGARDS. CLAIRE

I believe the best method is to take the letter in to the branch yourself ask them to forward it to the correct department and ask them for a receipt.

If they ask you sit down and discuss it with them politly say no its not for you its for someone else any communication would have to be in a written letter

If anyone can just quickly check my thread in the gollie vs halifax thread. Can anyone give any advice on sending wether i should send that letter or not. Sorry for posting again but i will have to post it today if im to post it.

Thanks alot

just an aside, but you mentioned HSBC in your opening message, just checking you're in the correct section....

Yes dont worry, i have two accounts im dealing with at the moment so i can sometimes get confused. HSBC paid up relativly quickly halifax however seems to be going on forever.

Ok here is the situation i am at, at the moment. I have no money to file for a claim until the 25th august when i get paid. Also there are two additional charges to come out next week. I am also not going to be living in the address the bank have for me for the next three weeks so i can not recieve any mail they send to that address.

So i have decided to send this letter to the bank. Is there anything anyone can recommend i can do to amend the letter to make it better.

Dear Sir/Madam

 

I have previously contacted yourselves regarding unlawful charges that were applied to my account summing a total of £150. Since then however there have been more charges applied to my account which have led for me to revise my claim as stated in my previous letter.

 

There were two charges applied to my account. One charge of £118 was applied on 31st July 2006 and another charge of £30 applied on the 3rd August 2006. This has led to me revise my claim, increasing the total amount to £298.00.

 

There are also two more charges totaling an additional £60 to be deducted from my account on the 23rd August 2006. If these charges are applied to my account then I will once again be revising my claim to cover for the additional unlawful charges.

 

As a courtesy, I am willing to give yourselves to the 24th August 2006 before I issue my claim to the County Court. If you do not comply fully before that date then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice.

 

To clarify: If I have not received a full refund totaling £298.00 before the 24th August 2006 then on the 25th August 2006 I will be filing a claim for the full amount plus interest, plus my costs and without further notice. In addition to the £298.00 if any other charges are applied to my account before the 25th August then I will revise my claim to include the additional charges. This includes the charges due to come out on the 23rd August 2006 for £60.

 

As I have stated in my previous letter, I shall also submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit license under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

If you have any correspondence you wish to send to me regarding this matter then can you please send it to the below address as access to my previous address is unavailable for the next three weeks.

 

 

 

*****

*****

 

*****

 

 

Yours Sincerely

Any help is greatly appreciated

I was going to file for a claim on money claim on friday. However its come to my attention that two further charges come out next week totalling 60 pound. Am i allowed to just add that on next week when it comes out, should i let the bank know etc?

Ok i am ready to file for a claim now, i am sick of the letters now want to get it going properley.

Will it make any difference if i dont file for a claim instantly. Will it make any difference if i wait a week

Claimant has account ******** with Defendant

from 2003 conducted on their standard terms

and conditions. Claimant is claiming the

return of £298 taken by Defendant in charges

since 21st June 2006. The Defendant's charges

are a disproportionate penalty and therefore

unenforceable as they are contrary to common

law. They are also invalid under the Unfair

Contracts Terms Act 1977 s.4 and under the

Unfair Terms in Consumer Contracts

Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a

penalty they are unreasonable within the

meaning of the Supply of Goods and Services

Act 1982 s.15. Defendant has declined

justification of charges despite repeated

requests.

I am not goign to claim for interest as its only been a month and is only 2 quid so im not bothered.

Is the above correct to put in the particulars of the claim. Also the question were it asks does my claim include any issues under the human rights act. I have ticked no is this correct.

I am also claiming for a total of 298.00

Can someone please clarify that the correct address i put for the defendant is Halifax Plc, Trinity Rd, Halifax, HX1 2RG

Thanks

If a mod can kindly help me on the halifax forum i would be gratly appreciated. Need any advice possible. My thread is gollie vs halifax. There dont seem to be many people around int he halifax thread. And the 14 days have expired since LBA and i need some advise on the best thing to do now and how to do it.

Thanks