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neilbass

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  1. not sure - going to contact the courts to check. to be honest I've been very busy (accountancy exams!) so havent really had time to chase it for a bit. Can we request judgment if the AQ wasnt returned in time / at all? Presume thats why we haven't received a court date?:?
  2. Hi WendyN Sounds very good to me - you are in exactly the same situation as us. I sent similar to them after we received their defence. However I have had no response from the Halifax to our last 4 or 5 letters. The only thing they have done is to submit their defence. We are still awaiting a court date, having submitted our Allocation Questionnaire per the courts schedule. Good luck!!
  3. Hi Slightly different problem as its not strictly charges - any advice gratefully received. A few weeks ago my mother-in-law (80) tried to withdraw some of her pension money (£90) from the Halifax for Christmas shopping. The machine appeared to process the transaction but then didn't deliver the cash. Whilst her friend stayed at the machine, she went into the branch to explain what had happened. A member of staff came out with her, helped her try again, and this time the money came out. She was advised that although her account would show the money debited twice, they would credit back one of the withdrawals. This morning she has had a letter from the Halifax stating that they now cannot and will not credit the money back, as when they checked the cash machine records for that day it was fully in balance. So basically they are saying 'Tough!'. This is an 80 year old lady who is now £90 of her pension missing due to their cash machine error. I am furious that they have done this, but am unsure what we can do as obviously its her word against theirs that the money never came out of the machine. Anyone any experience of this? Thanks all
  4. Oh yes! Although on your online statement receipts do indeed show as processed before payments, the Halifax 'kindly' explained to me that in fact all Standing Orders / direct debits / cheques presented for payment etc are processed at 1 minute after midnight each day. Therefore in our case (and yours by the sounds of it) although we spotted it was going overdrawn (and paid money in to cover it the same day), and when you view your online account it never went overdrawn, the charge is triggered at 12.01am - ie before your money is paid in. Hence the charge stands. I had so many arguments with them over this, none of which got me anywhere in terms of refunds. And then I found this site!!! By following the steps and advice from this site all those long-argued over charges have now been refunded - despite all their previous "you'll never get them back" comments! Good luck - don't let them get away with it! (also consider arranging a small overdraft with them to stop it happening again. You only get charged a small amount of interest if it does slip over again, and its worth it to stop this frustrating, infuriating robbery from happening again!).
  5. Hi Purple This sounds very familiar - in our case we did say we would accept as partial, as recommended elsewhere, and they did indeed repay the full amount excluding the debited overdraft interest to our account. Their submitted defence clearly states they don't consider this amount repayable. Just be careful though as with ours they also then sent us a letter saying 'thank you for accepting in full and final settlement'. We are currently awaiting a court date (or settlement of course! ). Good luck and hang in there! (morris v halifax by the way if you want to read the whole tale)
  6. Yes been reading it - and I agree it does seem that once they've paid over the partial settlement they may then be prepared to go all the way over the remainder. I've also noticed other cases around the boards recently that make me think all the banks are having second thoughts about settling claims quickly. Barclays certainly seem very happy to take people all the way - over small amounts too. So yes - it may be worth people considering not accepting partial offers, especially as in Jonni2bads situation where there are also defaults (luckily we're not in that situation though). In our case, by them crediting our account with the bulk of the claim, our account is no longer in the red and therefore incurring no more overdraft interest - which is a massive relief. And personally, I get even more relief that when we get paid our balance doesnt still have a minus in front of it anymore. They do still seem to be just arguing over the numbers - and refusing to see that when they sent out the settlement letter they made a mistake. Hopefully the judge will see that - after all I've set it out in letters so clearly that a child could see it.
  7. Heard nothing - hand delivered ours on the 13th, deadline for return was the 15th. Think I might nip down at lunchtime and see if they can tell me anything - were very helpful when I took the AQ in. If HBOS haven't returned it do you know what happens? They've gone very quiet on me - havent replied to the last 3 or 4 letters I've sent.
  8. Definitely small world - my dad's from Leigh. Sat at work in Wigan as I type.....:o
  9. Well done - Mr Magill sends you nicer letters than he sends me!! Enjoy your win!
  10. Great news Crash!! At last they see sense. Enjoy your victory :)
  11. Heard nothing since going down to court to submit our AQ on the 13th. Included a covering letter saying 'despite our best attempts to resolve the matter...etc... Halifax haven't replied to our letters re settlement....". Deadline for AQ submission for us and Halifax was the 15th - anyone know what happens next? Do we get a copy of their AQ?
  12. Hi Crash - did they also return their AQ? does seem strange you hadnt heard from the court before this. With our Halifax claim I received the defence with the AQ to be completed. But as you say - they have less than a month to get their act together! Keep us posted and good luck - have you got your court bundle ready?
  13. I told them we would accept as partial, and explained then what the difference was. Next thing we had was the money in the account, and a letter saying thank you for accepting in full and final settlement! Having the bulk of the money is wonderful of course - would just like it over with though.
  14. Hi WendyN - hope you're not in the same situation as us, as it does now seem to be dragging it all out. I find it so frustrating as we've done nothing different to all the claims that have been paid out in full recently (and there's loads of them!). The main part of their defence against the debited overdraft interest (as its this that they wont agree to) is that it is not supported by our Particulars of Claim, or by our Account statements. Both of these points we can, and have, shown to be accurate - with both our Schedule of Charges and the original statements showing the interest being debited. We are still awaiting a response. My only advice is stick to your guns, as you say send them a very clear statement of your calculations, and continue with your claim. Have they submitted a defence yet? Where are you up to in relation to the 28 days response time (assuming they've filed Acknowledgment of Service?). And good luck!
  15. and of course I'm posting back the AQ to the court also
  16. To me your case proves categorically that they are not exercising any discretion with our claims at all - simply treating them all with a common approach. Surely someone at Halifax should look at this one and think .... 'hang on a minute, if we dont pay this out now, we'll have to pay out more in a few weeks including a court fee'. Frightens me that these people 'look after' our money
  17. Prod them with a big stick? I managed to see an advisor at our branch in the end and saw our account screen on her PC - they keep quite detailed notes to each other re dates of requests, follow-up requests etc. Once I actually saw a comment there that said 'posted' and the date I believed they were coming - arrived the day after! Good luck!
  18. Letter gone off to HBOS legal, copied to Court Manager, Wigan County Court. Explaining very carefully exactly what the difference between the amount claimed and amount paid represents - basically its the debited overdraft interest, as detailed clearly on the Schedule of Charges they have had copies of several times now, and as supported clearly by the copy bank statements they kindly provided. "In the interests of resolving this matter without either party incurring further court costs etc, and without unnecessarily taking up the court’s time, we would like to take the opportunity to make the following comments and proposal regarding the current situation. [figures detailed here re the source of the outstanding amounts]. In the spirit of reconciliation, and in order to resolve this matter at the earliest opportunity, we will accept in full and final settlement of this claim the further sum of £160.53. [this is the unpaid debited overdraft interest plus daily s69 interest to the date of the previous payment] We trust this letter will clarify any previous misunderstanding or misinterpretation by Halifax plc regarding our claim. We look forward to receiving your favourable response to this letter, in order that we can inform the court that an amicable settlement has been reached. Please do not hesitate to contact us as above, should you require any further clarification or explanation. Yours faithfully" I've also included copies of Schedule of Charges and Particulars of Claim. Don't think I can do any more really? If they still want to go to court we'll see them there.
  19. Starting to look forward to it now! and I'm taking my calculator as I don't think the Halifax own one!!
  20. Hi Aardvark - they included 'their' schedule of charges with my final offer letter. Single sheet computer printout with the header of "List of 94D charges incurred - Branch ....... Roll Number ................". Its a list with 'date charges incurred' and 'amount' columns. Would have saved themsleves a hell of a lot postage and me a lot of time if they'd sent this instead of hte copy statements a few months ago! Good luck with the claim including contractual interest - they've not got their heads round 8% yet! :lol:
  21. OK I won't make any jokes or sarcastic comments : The defence : 1. The Defendant is a Bank. The claimant has a current account .................... . 2. The Claimant appears to be claiming for bank charges applied to the current account in the last six years. 3. The Claimant has provided particulars stating that her claim relates to bank charges incurred on his Current Account, but the particulars fail to specify how much the Claimant is claiming in respect of actual charges. However, these charges were debited to the Current Account in accordance with with the terms and conditions of the Current Account, which the claimant agreed to accept and by which he is bound [goes on to state all circumstances under which they are allowed to debit charges]. 4. Notwithstanding the foregoing, the Defendant has, without admission of liability refunded £1304.20 to the Current Account. This sum represents all the bank charges that the Claimant has incurred in the 6 years prior to the issue of proceedings, being £1004, together with interest of £180.20, and £120.00 in respect of the Court fee. 5. The remainder of the claim, £166.11 appears also to relate bank charges incurred, but the Claimant has failed to provide particulars of how this figure has been arrived at, and the figure is not supported by the Claimants account details. 6. On the basis of the matters pleaded above, the Defendant denies that it is liable to the Claimant for the sum of £166.11 in respect of the balance of his claim or for any other sum.
  22. OK my wife just rang to say its arrived. All things we've heard before re we signed a contract to abide by their terms blah blah blah. That the Particulars of Claim are only summary, and do not reflect the charges as levied on our account. They ackowledge that they've paid us a sum for the charges, 'interest' and court fees. But then say that the remaining amount appears to relate to further charges, but these are not supported by the details of our account. I am not shouting and swearing over this (done all that before!!) but what it all seems to come down to is the incompetence in their original reading of our particulars of claim, in conjunction with the schedule of charges sent to them. As discussed with them and on here a good few weeks ago (and detailed to them in so many letters I could recite it off by heart) : We claimed £1014 in charges. £156.11 in debited overdraft interest. £180.20 in s69 8% interest to date of claim (plus 26p a day thereafter) £120 costs. They paid us : £1004.00 in charges. £180.20 - in their words 'for approximate overdraft interest charged to your account in respect of charges levied, as calculated by Halifax plc' £120 costs. So the amount outstanding is because they used the s69 interest figure as overdraft interest, thereby missing off the £156.11 (and knocked off £10 for 2 £5 charges). Also they've ignored the daily interest of 26 per day from the date of claim to the date they paid us the charges back. I have now explained this on the phone to them over and over again, and have written it in letters in words short enough to be understood by a 2 year old. Do we really have to go to court and waste a judges (and our) time to explain it all again? I think I am going to try one last letter direct to the solicitor named on the defence, and also one last phone call also to him to try to resolve this before court. Tempted to just let it go to court though then they can waste a few thousand in costs on it. I will post some quotes from the defence when I get home - especially interested to see how they have worded why they have refunded the money they have - though I'm sure there's no admission of guilt in there! How can they defend the whole claim, but state in their defence that they've refunded most of it??? Love 'em!
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