woo v halifax **WON**

[woozie]

sob story alert!!

after spliting with my partner of ten years i was forced into recieving benefits, then to top things off, my son who was around two years at the time was becoming more and more "dificult" he was eventually diagnosed with autism.

left with bills in my name i couldnt afford to pay back and having to care for my son who still isnt in school full time and goes into year one next year, i hav not been in a very good financial position to say the least! spiraling bank charges over the last couple of years has made things from bad to worse. after seeing this site i have now started to reclaim the charges incured on two accounts.

 

after numerous phone calls requesting breakdowns of charges and lists of charges ive have sent the dpa letter on the 7th of july to my local branch recorded delivery.

i was told early on this week that the statements would take around ten days to arrive now that i have given autherisation (again) to debit my accounts the £5 charge.

i was just told this morning after chasing up on the phone that the business centre have no record of the dpa letter and only have a request by phone recorded, they also told me that due to great media attention about unfair charges they have a huge backlog statement requests and it could take upto six weeks for them to send me mine from the phone request i made.

 

i can see this is going to be a bit of a tussel between myself and them!

 

any advice greatly appreciated! i'm a little anxcious now:rolleyes:

[strude]

Hi Woozie

First off DON'T panic, 6weeks is what they are allowed anyway, so thats no problem.

What I would suggest is that you check to see if they have taken the money for DPA payment form your account and if not then tell them you will send a cheque instead, it might take a touch longer but don't worry.

If they have taken it then the count down to receiving your statements has begun but only give them the 40 days and no more.

Keep us posted

All the best.

[woozie]

just got off the phone (for the third time today) to halifax and i'm told my statements have been ordered, tho my accounts have not been debited as yet, apparently once theyre sent out on monday then the accounts will be debited.

i'll ring back on monday and see if theyre true to their word. though i have to admit i have little faith in them after all this!

 

thanks strude, panic button is on hold for now

[zootscoot]

I sent off my request to Halifax on 28th June and received them 19th July. Could be delaying tactic or simply overload. Calm down, no doubt they will get them within the given time. If not give em hell!

[saxon]

hello, chin up Woozie we are on a simular timeframe, I have started my 40 days as of 7th July, we can sort them out together, ok.

[woozie]

thanks saxon i'm flollowing yoour case intently!

 

i revieved my statements finally on the 27th of june, but only for one of the accounts and discovered after ringing a number of times that my other account had insufficiant funds to debit the five pounds! i found this quite humourous as the halifax are usually happy to charge me no matter what my balance! i also found the business centres number on this site and rang them, they were quite surprised i had obtained this number and immediatly debited my other account and have ordered the statements.

 

so on the first account charges totaled £1121, i'm sending the next letter with a schedule of charged for this account today.

as soon as i get the next lot of statements i'll be away with the second account, i am wondering however, if it gets as far as court, will it just be one claim i'm making does anyone know?

 

 

ps please excuse my poor forum skills!!

[woozie]

quick update, i'm feeling very positive now about the whole senario, thanks all! i will be donating to this site once ive had my money returned! i think i hav the sig sorted too yippee hehe forum phobia is also being quashed!:grin:

[saxon]

Well done you, am keeping an eye on how you're also doing.

It really gives a buzz knowing we're not alone and we have some power over the big boys.

[woozie]

hi all, update...

 

i had a phone call from someone at halifax offering me six months of charges back on one of my accounts which totalled £130, i said i would accept this offer as a goodwill gesture but not as a final settlement and was advised i would have to go to court to retrieve the charges, which i said i would do gladly.

 

i discovered this morning that the halifax have put a stop on two of my accounts because i am over my limit on one account, which i am begrudged to pay as i truely believe they owe me money! after speeking to someone at collections, i was left frustrated and shocked, he asked me to prove to him that these charges were not in accordance with uk law and i replied i dont have the details in front of me sorry, but can you prove to me that the halifax are losing £39 when i fail a standing order etc? at which point he told me i had commited fraud and put a stop on my daughters savings account. i have logged a complaint with the halifax about this man who has in effect accused me of being a criminal and i've demanded a written appology. i'm off today to open another account with someone who's charges are not dispreportionate and who's emplyees are not so spiteful and rude. any pointers? someone told me nationwides charges are only twelve pounds.

[saxon]

Hello again Woozie, again chin up.

 

I went to the nat west, they are really friendly with me. Though I haven't checked out their charges, not planning on getting any,

 

Did you get the person's name who accused you of fraud?

Can you find out if the conversation was taped?

How old is your daughter?

Could she threaten them with legal action, as obviously she's not you.

 

On a brighter note your nearly finished with them, though I think you'll beat me, cos the fee for court is going to take me a couple of weeks.

 

Take care, think positive, you're nearly there, you WILL wipe the smug smile of their face.

[woozie]

heya saxon, my daughter is nine! so it is a joint account but the only money that goes into her account is child benefit! and i did get his name.

after speeking to someone in customer relations later on, i was informed they had lifted the block on her account, they became evasive when asked why it was lifted i suspect it should never have been blocked in the first place, i'm sure theyre legaly entitled to do so but morally speeking its just shocking behaviour.

i also spoke to another lass in collections in the afternoon who was quite intimidating, i know i shouldnt enter into dialog with these people about things but its quite hard when they ask you for money you owe them and they owe you so much more, there are a few threads on this forum which suggest people who work for the banks are generaly in agreement with the uprising against illegal penaties, but in my experience yesterday, the collections department are all for them.

 

 

i'm a little worried about one thing though, i recieved one of the old standard letters acknowledging my "complaint" and it says they recieved this complaint on the 16th, i sent it on the 2nd, i have now sent my LBA and i'm worried that it should be 14 days after they recieve it, it was sent first class recorded delivery:|

 

got a new account opened with the nationwide now who were also very polite!

 

i shall be doing the whole moneyclaim thing on friday 1st of september, so spreadsheets are being closely examined now! if i go first saxon then maybe i can spur you on in return hun:)

[Brad Smith]

good luck woozie, you go girl

[saxon]

Hi Woozie, did you check with track and trace online for when it was delivered?

 

I did but have since `lost' 2 recorded since so the last one to Halifax the LBA went special delivery. Couldn't really afford it but thought got to be sure they get it, and they did, no probs.

 

I have since spoken to a DCA, and they recieved the recorded letter the day after posting, it still hasn't been delivered according to royal mail.

 

So tempted to claim from royal mail for lost post, and claim the fee back because I was paying for a signiture and didn't get one.

 

Hehe 11 days and counting for you, we are all with you.

[woozie]

yeah ive tracked n traced all of the letters now, all sent recorded delivery, and NONE of them have been trackable, the first of which was sent seven weeks back! i'm disgusted with royal mail now and i AM going to get compensated for these letters, allbeit a bunch of stamps! i will from now on use the special delivery service and advise anyone reading this not to use the royal mails recorded delivery, its a farce.

 

i just hope i havnt sent the LBA letter too soon after the reciept of the prelim :-|

[ian.bjj]

Keep going,

 

'Nil illigitimus carborundum' as the saying goes.

 

took me just over 3 months but got the CCJ for the lot.

almost praying for them to default on payment so I could send in the baliffs!

[woozie]

love that saying ian!!!

 

right ive given the ahems a little more time and ive decided to be brave and do this through my local court as oposed to mcol!

 

i'm wondering if i calculate the two accounts interest together? do i just merge the two totals into one claim now?

maybe i'm over polite, bumping threads seems a wee bit rude to me, but i need some advice here so i'm gonna bump til i get some!!!:-| TY

[ian.bjj]

right ive given the ahems a little more time and ive decided to be brave and do this through my local court as oposed to mcol!

 

i'm wondering if i calculate the two accounts interest together? do i just merge the two totals into one claim now?

maybe i'm over polite, bumping threads seems a wee bit rude to me, but i need some advice here so i'm gonna bump til i get some!!!:-| TY

 

Hi ho onward and upward

 

I would ask your local court if you can issue a combined claim for the two accounts, you should be able to. If you can it will save one court fee (£120) However if you do, you need to be careful to itemise each part seperately in your Particular of Claim. The Library has an excellent suggest POC that you can use as a 'master'. Once you have issued the claim and applied for Interest (@ 8%) this is claimed 'ON A DAILY BASIS' in two parts.

 

first on the date of issue of the N1 in the format:-

 

interest at 8%pa pursuant to County Court Act From xx/xx/xx [maximum 6 years ago] to [date of issue of N1]... xxxx days @ £y.yy per day, total £zzz.zz,

 

Then add

 

plus further interest at £y.yy per day until judgement.

 

You can also request:-

 

Plus such other costs and damages as this honourable court sees fit and just

 

The library again has a brilliant little XL template that will calculate all your interest for you. not only the 8% court interest, but also just how much the little 's have charged you during the last 6 years, which you also claim for.

 

ps latest here the 's have defaulted on the judgement! and charged me a total of £134.00 for the privaledge! No more mr nice guy... Baliffs request went in this afternoon and a new CC Claim to be issued next week.

 

Wonder if the press will get to hear about it and be there when they go in?

[woozie]

thanks for all you guys advice and support, today i have filed a claim with MCOL, i just pluralled words and gave extra dates etc. chickened out on the loacal court :-|

hopefully i havent confused anything! i'll keep you all posted!

[zootscoot]

Best of luck with your claim!

 

Don't forget to PM a mod the details to put in the litigation section

[woozie]

claims been issued now how do i pm a mod? any clues?!

[woozie]

oops done it already!

[saxon]

Thanks Woozie, and I'm so glad you're nearly there.

I won't be far behind you.

 

Keep smiling, (whispering- it's nearly Christmas)

[woozie]

my fingers are sore from being permenantly crossed lol, thank you so much for your words of encouragement, it really has kept my spirits and confidence up!

 

my claim was acknowledged today, quicker than i imagined, i guess you just have to think of the worst case senario to be safe hey!

[nigel1804]

Uncross those fingers so you can open the booze.lololol

[saxon]

Champion Woozie, glad to hear it, I have also been up to the court today, you made me get off my bum and go for it, I have used the exemtion claim form as well, so now my fingers are crossed.

 

Keep smiling, you're just about there.