Dax v Halifax - International Debt Problem

[dax]

The Halifax have made interest overpayments on my account for the past13 months and tell me I have to repay £7000 in total for their error.

 

As I had a large amount in my account I assumed the interest payments were correct and thought nothing more of it, browsing my monthly statements none the wiser.

 

Am I legally obliged to repay their error?

[Bookworm]

Ok, here goes:

 

You need to do a search for "estoppel" and read very carefully what it says and means.

 

Then you need to decide whether the circumstances (paying close attention to the "detriment" aspect, I think) are relevant to your case. With the few details you have given, it is difficult for anyone here to establish that.

 

Keep us posted, whatever you decide.

[dax]

Thanks bookworm,

Looked up estoppel and it is complicated (arguably)...

 

Promisory estoppel prevents one party from withdrawing a promise made to a second party if the latter has relied on that promise and acted upon it.

 

Could it be argued that the bank promise to pay the bearer... and did?

 

The detrimental aspect would be effective as a result of how this matter would affect my credit status as I would be £7000 in arrears and this would affect my current financial balance by repayments.

 

If I hadnt thought it was mine, I wouldnt have spent it.

 

All three types of estoppel fall on the representation of the way things were done but one party must say or do something and the other party rely on that information in a way that would have an affect on their behaviour (or spending).

 

What angle detrimentally had you thought of?

 

Also what if you are living in another country and change residency, where does that leave everyone legally.

 

The Halifax have written asking me for a breakdown of my financial situation in order to work out a re payment plan. Dont know what to do about it as I dont know if I should repay the amount as a legal requirement

 

Also, are debit card charges illegal,legal, e.g. £1.52 everytime you withdraw cash or use the card? does anyone know that?

[ispartacus75]

Also, are debit card charges illegal,legal, e.g. £1.52 everytime you withdraw cash or use the card? does anyone know that?

 

As far as I am aware these charges are perfectly legal. The are providing you with a service (access to your money through a convenient machine and card system) and they are allowed to make a charge for that service.

[dax]

I Have recieved a letter from the Halifax regards re payment of £7000,

This amount was an accumulation of mistakenly paid interest, paid to my account over a 13 month period by the Halifax.

 

I had the sale proceeds of my home on my account at the time, which was over a £100k, so didnt know interest being paid was incorrect, having never had a balance that high.

 

The money was in a savings account while I was homeless, trying to find somewhere within the market to rehouse myself and family.

Eventually, after renting for over a year, I found a home in France, having been unable to find a home within my budget in England.

 

The error was discovered by an accountant through me and I informed the Halifax who took months to acknowledge it.

The Halifax now want it repaid and has handed my situation to a legal service who have threatened to commence proceedings against me.

I dont know how to respond.

I have no money left and no job here.

 

Am in the third year of a degree and am restoring a house, the materials for which I had already purchased.

All that is left is a real minimal to survive on.

 

I feel in the light of this website that maybe I should try to fight my corner first.

I would appreciate advice regarding whether the English Courts have jurisdiction to do anything to me.

 

Also, there is an Estoppel in law which says, if something is given that the recipient assumes is theres (e.g, the interest I thought was mine), then they spend it, it shouldnt necessarily have to be returned, as it would affect the position of the one being made to return it.

Or words to that effect. HELP!!

 

!any legal eagles out there as I have till 4pm today, before they issue proceedings and ive been trying to get onto this site for ages.

 

I have been tax resident here since may 06.

 

not much to ask!!!

any advice and help will be rewarded ten fold.

 

I will gladly assist by giving advice to others where I can with other issues and towards legal books etc..in due course.

[MARTIN3030]

Welcome to the forum.

 

At first glance it appears that there are some quite serious issues here and the bank,quite rightly will be looking at their position.

 

I will see what I can find out for you and come back.

[dax]

Thanks Martin

 

Any help appreciated........will be waiting by the forum to respond online, dax

[BankFodder]

I have responded to your message. Check you mailbox

[dax]

ok will do......have a phonecall, so waylaid for the mo! will get back soon.

[Movingon]

And.... what happened?

[dax]

Still trying to sort things out and no further forward, didnt communicate with the agency dealing with proceedings that gave me a deadline, but contacted the Halifax who will not suspend order to proceed.......up to my ears in statements etc....... Do you have any advice or thoughts on the matter?

p.s, like the name.......

[dax]

Does anyone have any legal advice re: 'jurisdiction', i.e, where does one stand if arguing a situation about bank charges made in error or otherwise. Over an account in England when they are based abroad. That is, no longer a UK tax resident?

[welly]

Hi Dax

 

Post this in the Genral forum in the bank group or ask in your thread you might get more help there:)

[dax]

the halifax new thread box was closed

[dax]

Does anyone have any legal advice re: 'jurisdiction', i.e, where does one stand if arguing a situation about bank charges made in error, such as overpayments or otherwise. Over an account in England when they are based abroad. That is, no longer a UK tax resident?

 

Also are the charges made for using debit cards at cash machines, legal?

[welly]

Closed? I wil tak a look but heres your thread you already have and you can find this in your usercp under threads:)

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank/25473-halifax-big-problem-need.html

[dax]

Does anyone have any legal advice re: 'jurisdiction', i.e, where does one stand if arguing a situation about bank charges made in error or otherwise. Over an account in England when they are based abroad. That is, no longer a UK tax resident?

[gizmo111]

Does anyone have any legal advice re: 'jurisdiction', i.e, where does one stand if arguing a situation about bank charges made in error or otherwise. Over an account in England when they are based abroad. That is, no longer a UK tax resident?

 

As most of it is done by post or online you need a UK address to claim from - parents address maybe. Your tax status means nothing when you claim AFAIK

[dax]

As most of it is done by post or online you need a UK address to claim from -

parents address maybe. Your tax status means nothing when you claim AFAIK

***************

Not sure what AFAIK is, can you explain, moreover, are you suggesting that UK banks via Courts, would have the jurisdiction to for example, place a charge on your assetts abroad. Could you enlighten on your knowledge regarding that area as presumably if one has the power to take a bank to Court from outside the UK as a non resident, by having a case heard in England under English law.Would they, the banks be under the same power to enforce an order under English law,elsewhere within the EU irregardless of jurisdiction?

 

your saying that tax status means nothing and then saying I need an address in a differant tax residence...slightly confused?

[gizmo111]

As most of it is done by post or online you need a UK address to claim from -

parents address maybe. Your tax status means nothing when you claim AFAIK

***************

Not sure what AFAIK is, can you explain, moreover, are you suggesting that UK banks via Courts, would have the jurisdiction to for example, place a charge on your assetts abroad. Could you enlighten on your knowledge regarding that area as presumably if one has the power to take a bank to Court from outside the UK as a non resident, by having a case heard in England under English law.Would they, the banks be under the same power to enforce an order under English law,elsewhere within the EU irregardless of jurisdiction?

 

your saying that tax status means nothing and then saying I need an address in a differant tax residence...slightly confused?

 

No what I am saying is that they owe you money so you need an adddress in the UK to claim from - this would not matter whatever your tax status.

 

The banks if you owe them money would probably employ a local debt collector and trace you wherever you are . I have no specialist knowledge in either subject and I beleive that debt collection and tracing is now virtually global, but do not know about worldwide enforcement.

 

AFAIK - as far as I know

[dax]

still dont know what AFAIK stands for, sorry

[johnhowell]

AFAIK - as far as I know

 

Dax

 

gizmo111 told you - rather than jump done the throat of those who are trying to help you why not read their message in full.

 

Regards,

John

[dax]

practise what you preach John! im not jumping down anyones throat, I think you actually jumped down mine. I was not objecting to anything but simply asking a logical question as I genuinely wasnt sure what Gismo111 was trying to explain and still dont know what AFAIK means? is it a short version of something I should know in computer lingo, like ASAP in a message? Do explain as you seem so well informed.

[johnhowell]

practise what you preach John! im not jumping down anyones throat, I think you actually jumped down mine. I was not objecting to anything but simply asking a logical question as I genuinely wasnt sure what Gismo111 was trying to explain and still dont know what AFAIK means? is it a short version of something I should know in computer lingo, like ASAP in a message? Do explain as you seem so well informed.

 

Dax,

 

Your e-mail was quite terse to gizmo111.

 

Yes, it is an abbreviation similar to As Soon As Possible, therefore:

 

AFAIK = as far as I know - as in A(s) F(ar) A(s) I K(now)

 

I have noticed recently on many forums that the messages are getting quite difficult to read and then the original poster gets annoyed because they do not get the answer they want.

 

Regards,

John

[dax]

Today I recieved a letter from Optima Solicitors on behalf of the Halifax, who contacted me to say that all communications regarding repayment of any overpayments given to me in error by the Halifax, must be negotiated through them and not the Halifax. The letter was dated 1st september and recieved 6th september, giving me untill tommorrow 7th september to respond, as in the absence of a response from me, they will seek the total sum in Court.

 

I wrote to the Halifax on the 23rd August and they have not responded but passed the information to the solicitors acting for them.

 

 

What should I do?