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Halifax OFT letter/claim recollection....


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After issuing my request for statements on the 26th Feb, i have today received a letter from the bank manager WITH my £10 cheque included!!!

 

It says:

 

"With reference to your recent letter regarding supplying a complete list of bank charges on the above numbered account I have requested the relevant statements and waived the £5 fee. :o

They should be with you in the next 7 - 10 days. the statements themselves will show the charges you have had over the last 6 years.

You will find enclosed the cheque you sent us as this is not required.

If you need more information please contact us."

 

So.... in theory i have had fee's returned before ive began!!!!:lol:

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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My letter was worded as follows:

 

"I am writing to request a fully comprehensive list of all the default charges for direct debit, unauthorised overdrafts and standing orders I have paid over the last six years.

 

Please find enclosed a cheque for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.

 

I look forward to your response within 40 days, as Halifax PLCis obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner."

So yes.... It was a 'Subject Access Request'.

The response letter from the bank was personally signed too, thought that a little strange, ive never had one of those!!!!:-)

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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Well.... having been refunded my £10 before even beginning, i got through my statements today - arrived in incredible time!!

 

The only down side is the amount of charges.... exactly £500.... £598:54 including the 8% interest. I was expecting thousands!!!

 

Oh well.... have my 1st LBA to post tomorrow via special delivery:)

 

There is a strange thing on the statements however.... right at the end, for this month, there is a note which says 'Authorised overdraft usage fee to be debited next month - £5'..... only thing is, i havent even gon into my overdraft for months!!! Goes without saying they will NOT be charging me for that!!!:mad:

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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  • 2 weeks later...

He he.... its that time now...

 

My LBA was posted this morning via recorded mail. Heres ready for the fight ahead!!!

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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Hi, toto691.

 

Good to hear you are on the right road to recovery. Keep us posted on your claim.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 2 weeks later...

Having checked my tracking number online for my LBA (due to become court action on 3rd April) and theres no response, so just rang them up (royal mail) to trace, and they said its a delayed item and not delivered!

 

What do i do now....? I dont want to send another letter, this time special delivery, as have always been of the mindset that i will not give them countless chances, but if they havent received it....... ?????!!!!!

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/65233-photovoltage-halifax.html

 

I had exactly the same issue with Royal Mail - I have already had a response to the letter that wasn't signed for so the fact they haven't got it logged on the royal mail system does not mean it wasn't delivered.

Photovoltage vs Halifax PLC

April 2007 - Halifax pay back all charges, court fees and interest but do not remove Default Notice from credit file.

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Sod it..... im gonna deem it as served.... after all, they'd only send one standard letter then take it from me assuming i had received it - giving no chance of explanation or agreement.

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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Having given Halifax my full cooperation and sending correctly timed letters, today i sent the following email (despite the fact that i wasnt prepared to give anymore chances)

 

Dear Halifax,

Re: D/xxxxxxxx

I wrote to you on 06/03/07 requesting you return charges taken from my account. These charges were to the value of £500. I gave you 14 days to respond to my request, then again gave a final chance to settle the matter by serving a 'Letter Before Court Action' upon youreselves dated 20/03/07 giving another 14 days to respond.

To date I have not received a satisfactory response, and this email is a reminder that i fully intend to defend my claim in a court of law.

I will be filing my claim tomorrow (04/04/07) in the Blackpool County Court as 'Money claim for the return of penalty charges applied to the claimants bank account by the defendant' unless i hear a positive response today. This will inccur court costs which I will claim from yourselves, plus interest under s.96 County Courts Act 1984. I may also claim daily interest under the same act against yourselves until this matter is settled.

May i reiterate that the cost to yourselves by failing to comply with my claim by 04/04/07 will increase from £500, to £678.54, then will increase daily under the above act.

Yours....

Mr xxxxxxxx

(Tel: xxxxxxxxxxx)

But.... i didnt get a response today.... maybe tomorrow the money will be there? If not, i will walk to the court buildings and begin to get excited!!!

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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Having only just issued my court claim yesterday (4th April) i received a letter today dated 3rd April offering me a partial payment.

 

It would seem THEY are the ones using standard templates as the first page says "I am arranging a payment of £XXX to be made to you in full and final settlement of your complaint" but they didnt include the amount til the next page.... almost like a 'fill in the blanks' template! How rude, when theyve been passing judgement on us for doing the same!

 

Anyway... the next page goes on to say the gesture of goodwill payment of £348 will be paid withing the next 14 days automatically.

 

Now.... my claim was for £500 exactly, but since yesterday with 8% and court costs - now stands at £678.54

 

What do i do now, they made an 'offer' sort of, before i filed for court, but it still wasnt enough!

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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thing is.... since yesterday the cost has already increased as ive already paid the court costs, and applied for the 8% interest, so the ammount i am now claiming for is £678.54

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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Sorry, I misunderstood your first post.

 

As I said before you can send a letter saying you shall accept this as part-payment or you can call them advise that now you have started claiming you shall, of course, be holding out for the full amount including your court costs and 8%.

 

If you are not confident with the telephone it may be better just sending the part payment letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

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I did ring them back afterwards.... I stated that i would accept their offer as a partial payment, but would hold out for the rest as i had already started my court claim.....

 

They then said they could offer me £550 (£50 over my original amount) but as this wouldnt include court costs which i already paid i had no option but to wait.

 

I then rang the court to see if i could in fact cancel and return costs, but there was no answer, so now i have no option but to hold out.

 

It really annoys me though.... the silly games theyre playing. Why wait till the end knowing that itll cost them even more when they finally pay out? If theyre gonna end up paying the larger amounts anyway (8% & Court Costs) without actually fighting in court, why dont they just pay up, and give the rest to charity - as they seem intent on costing themselves more that what people originally claim!

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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Looks like you will have to go through with the court claim now. I think the postal service may have let them down here and that you were meant to get that letter on or just before your deadline which would have saved you the hassle of court. I held out for another two days after my last 14 expired and sure enough the letter arrived. 1 quick call and it was sorted. Sorry that didn't happen with you, may give them a boot up the bum to get the letters out a bit quicker or otherwise it costs them more. Look on the brightside, it may be more hassle but at least you will get a few extra pennies back.

Karen :oops:

 

05/01/07 S.A.R - (Subject Access Request) posted

07/03/07 Offer made of £457. Rejected. Offer remade of £651, accepted.

26/03/07 PAID IN FULL

 

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and we need this site!

 

Please don't forget to make a donation!

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Look on the brightside, it may be more hassle but at least you will get a few extra pennies back.

 

 

Thanks..... that makes me feel a little better now. ;)

 

Im pretty sure they'll settle before court, if they dont, itll be interesting to hear how they explain 'commercially sensitive information' and let it go public!

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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Don't worry too much. I asked them last week via telephone why they were not just paying out before it got the stage where we can claim an extra 8% by taking it to court. His answer was that they have so many claims coming in at the moment, and some people are claiming for £500 when they only have £50 in charges so they are thoroughly checking each claim, apparently.....

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and yet they earn SO much profit, they can afford it!!!

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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  • 2 weeks later...

Good for you, i had a similar experience they wrote to my standard letter wife saying it would take 4 weeks despite it being a joint account, so i thought sod it and went straight to the court and handed in the papers paid the £250 for the privilage but felt really good walking out knowing they will get egg on their face.

 

Terrymac

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Just to add, i got another letter through stating that i had refused a telephone offer of £550. This was their last offer. They would not be increasing the amount.

 

1: Surely a phonecall is just hearsay and couldnt stand in court as it could never be backed up?

 

2: How can they NOT offer a higher amount as they would have to pay the court costs anyway....!

 

Either way... they have until the 24th to admit or defend, if they leave it til last thing and miss out again, their loss, coz i'll be at the court last thing on the 24th to hand in the 'win by default' form!!!

Whats the shortest amount of time a person can give them to pay up?

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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Just got an 'acknowledgement of service' letter through today, files on the 11th April by Halifax.... the claim was deemed served on them on the 10th!

 

They indicated they intend to defend ALL of the claim.

 

Im quite scared now... do you think ill have to go to court?

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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OK... the letter states "the defendant filed an acknowledgement of service on 11th April" it then says the defendant has 28 days from the date of service of the claim form with particulars of claim, or of the particulars of claim, to file a defence.

 

28 days i make it to 9th May.... so what do i expect next. Do i receive a defence, a form, a court date....??? Do banks normally pay up before a court date is issued, or do they drag it out further...?

 

Once ive been through every step itll all be straight forward i suppose!!!

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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