Angela + Mum V Halifax (Mortgage accounts)

[angelamc777]

After stumbling across the fantastc site and having spent some time reading case stories and stickies I have decided to pursue the unfair bank charges levied against my mortgage account with the Halifax. I have also advised my Mum to do the same ( seperate mortgage ).

 

My own mortgage account is badly in arrears due to the fact in the beginning I was never informed the mortage was completed. The solicitor dealing with the conveyancing emigrated to Austraila and I was 6 months into the mortgage before I was even aware I had bought my first house, and was also 6 months in arrears.

 

I sent off my SAR on 08/01/09 and today received a response along with statements. I have tallied up the penalties/charges and they amount to £2K. The statement was accompaned with a 2 page letter advising me the charges are fair and lawful.

 

It states, that they assume my request was to enable me to reconcile bank charges and should I decide to register a complaint, they will be unable to respond to it in full. They also say should I refer the case to the FOS it shall not proceed until the Test Case is resolved and if I issue a claim in the courts the bank will apply for a stay until the resolution of the banks proceedings with the OFT.

 

Should I ignore this and send my letter requesting the £2k they owe me?

 

My Mum also send an SAR on the same date and the letter she received was quite short and stated they would send her statements as soon as possible. Her unfair charges would only amount to a few hundred.

 

Any advice with this would be much appreciated.

[angelamc777]

Can anyone advise with this please

[silverfox1961]

Hi angela,

The bank is correct in that any claim you make will in all likelihood be put on hold but you still need to write and claim the charges back.

They will only pay out if you can prove hardship.

To save you looking again for the reclaim letter, here it is:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html#post3489

 

Good luck.

 

fox

[angelamc777]

Thanks very much, can you please point me in the direction of the hardship rules, as I imagine I may be able to claim under this.

 

Thanks so much

[silverfox1961]

Here you go.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/154154-hardship-stayed-claims.html#post1640904

[angelamc777]

Thanks have repped!