Joanne versus Halifax

[Jessi]

Tilly

just to get it right do you think I should send the letter now or should I wait till the end of the 14 day period I gave them in the first letter. Also do you think I shoud add about hardship circumstances so the waiver period doesn't apply to me.

Thanks me

[**Tilly**]

hiya jessi

stick to your timescales when the 14 days are up then send your letter before action yes add on to the letter about

hardship and waiver this is printed in blue on the bottom of the template

[**Tilly**]

also add anything that you think is relevant to your circumstances here is the lba link

3. Letter before action - Consumer version - asking for it back

[Jessi]

Thanks Tilly,

I will wait till the next letter is due out and send it adding the hardship paragraphs(s).

Do you think I still stand a chance or is it getting harder to win your case now?

If anyone anyone else has any advice on anything else I should add to the LBA letter before their time is up please submit it. I would be most grateful

[**Tilly**]

hi jessi

have a read through this thread

need help with reclaiming benefits taken in charges

[Jessi]

Reading that about Benefits thanks Tilly

 

Don't know whether to keep going with my claim as it is, or swop to using the benefit way or combination of both.

 

Any help or advice would be great

 

Should a write another letter of to the bank

[Jessi]

I have started to draft a letter to the halifax in response to their letter

 

Thank you for your prompt reply. It seams that you have not fully read my letter and just sent a standard reply letter. My first letter quoted the FSA press release, dated 27th July:

"The FSA also expects firms to continue to help their customers avoid incurring unauthorised overdraft charges in the first instance and to continue to deal with hardship cases."

 

"Consumers who are in very difficult financial circumstances - 'hardship cases'

 

Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS."

As I stated within my first letter, I believe that I fall in the hardship category as I am in receipt of Income Support and Child Tax Credits.

At this point I should also point out that I believe that you are in breach of the a) s187 Social Security Administration Act 1992 regarding Income Support and Child Benefit, and b) s45 of the Tax Credits Act 2002 regarding Child Tax Credit because both these state that you cannot take these monies as they belong to the crown and not myself and this money is to meet the finical hardship of myself and my family.

I shall therefore continue with my case against yourself and may also complain to the FOS as you are not meeting your agreement with them.

 

Please could you all give me your view on it and suggest any amendments

 

Thanks