Please help me solve my Halifax Hell

[kydcarmen]

Ok, can someone just check the letter above before I send it please.

[kydcarmen]

Anyone?????

[kydcarmen]

Ok update......court papers deemed as served on the 21st Oct, (if anyone is bothered)........ see what happens next.

[jonni2bad]

Sorry - there's just too much to do and not enough time. I'm afraid we simply can't get to every thread and every post as urgently as you would like, but we do our best.

 

If you have a situation where an urgent answer is needed and you've waited a couple of days, send a link for the thread to a Mod by PM.

[julie1961]

Ok update......court papers deemed as served on the 21st Oct, (if anyone is bothered)........ see what happens next.

My court papers were also deemed served on the 21st. Hope it doesn't take long for them to respond, I am sick of being on tender hooks, I put my papers in to court on the 29th Sept but due to so many claims the court was running behind. Good Luck with your claim.

[kydcarmen]

Thanks Julie, good luck with your claim too. Yours will probably be sorted quicker than mine as I am also claiming for a default removal.....so I know mine will end up in court......lol

[kydcarmen]

Ok, letter received today. Halifax not admitting liability but would like to offer a settlement...(suprise, suprise) The settlement is £274.24 less than my claim, so I called them to ask how they came to this amount that they considered that I wasn't entitled too and they told me that its because they have checked charges for the last 6 years and they cannot check before 6 years. My claim goes back to 1999. Seems strange that they cannot look back further as when I requested my statements they were from when I opened the account in 1998.

 

Halifax did say that if I have evidence of these charges that they will pay the rest of the money. Well considering that I did send a schedule of charges with the prelim, lba and court claim, I can't see how they can't check them as the evidence is there.

 

Oh well, will double check their figures as the have 2 different amounts in the letter and then may call them again to see if they will budge on the other amount. They did say that they are willing to defend the amount of £274.24 but are willing to pay the £3375.07. Halifax is a very strange bank.....lol

[jonni2bad]

Quite amazing how ridiculous they can be..... ;-)

[kydcarmen]

Will have to remind them that the court claim included removal of default too as they haven't mentioned that in the letter.

 

I have been looking for your court bundle jonni2bad, i thought you had some links on your thread but i can't find them.

[jonni2bad]

Some links here....

 

2. Authorities

 

 

...........Description .................................................. .............No. of pages

(AA) -- Copy of bank statements supplied by HBOS following (A) - 91

(BB) -- Copy of spreadsheet supplied with claim detailing specific dates

and amounts as requested for refund - 1

(CC) -- Data Protection Act (1998.) - 53

(DD) -- Data Protection Act (1998.) Schedules - 53

(EE) -- Unfair Terms in Consumer Contracts Regulations (1999) - 10

(FF) -- The Supply of Goods and Services Act (1982) - 13

(GG) -- Unfair Contract Terms Act (1977) - 9

(HH) -- Office of Fair Trading Report April 2006 (OFT842) - 35

( II) -- House of Commons Early Day Motion (EDM 2227) - 1

(JJ) -- House of Commons Select Committee on Treasury

Second Report: ‘Transparency in charging’ - 10

(KK) -- Report by Kendall Freeman on Liquidated Damages (May 2005) - 3

(LL) -- Case Law Reference: Dunlop Pneumatic Tyre Co Ltd

v New Garage & Motor Co Ltd [1915] AC 79 - 2

(MM) -- Case Law Reference: Alfred McAlpine Capital Projects Ltd

v Tilebox Ltd [2005] EWHC 281 (TCC) - 2

[kydcarmen]

Thanks jonni, just been updating myself on your thread......as its something that I am gonna have to go through, don't think i'm as competent on the law as you are though....lol

[kydcarmen]

Right, tried to check their figures with mine and have no idea how they came up with 274.24 they think I am not entitled to as there is only 1 charge from 1999.

 

I really think that the people of hallifax bank need to resit their maths GCSE as they state that they are willing to pay 617 that is the 8% interest for all the charges but that I am not entitled to some of the actual charges. Figure that one out....lol

 

Will be calling them tomorrow to point this out to them and to let them know that I require full payment or I will see them in court. Let you know what they say tomorrow.

[kydcarmen]

Ok, halifax playing games now. Called them on monday, requested a breakdown of the £274 that they say I am not entitled to, told them that I will not accept any offer until they provide this information.

 

Called them today to check if information had been sent, found out that the woman I spoke to on monday took it upon herself to credit my account (that I have no access to) with the offer they put forward and hasn't done anything about the information I require. I am so angry.

 

Told them that they had better get her to call me asap. If they don't then I will take it all the way to court.

[kydcarmen]

Well update, accepted their offer as part payment, received detailed breakdown of the money they say that i'm not entitled too and they say its the interest that was taken from my account when it was overdrawn but my account was taken overdrawn by their charges so am i entitled to claim the interst back?

 

I'm assuming I am entitled to claim the interest back as i wouldn't have paid so much interest if they hadn't taken my account over its overdraft limit!

 

Help anyone?????

[kydcarmen]

ok guess no-one likes giving advice to me!!!!!!

[hillards]

ok guess no-one likes giving advice to me!!!!!!

 

Bear in mind the moderators and helpers are busy little bods with all the people there are fighting claims on this site. If you've been overlooked then that's probably why.

 

I'm only making my own claim, I'm no expert or anything, but would suggest that you point out that this part of your claim is the interest they charged for being overdrawn when the only reason you were overdrawn was because of their charges, which they've now agreed to refund.

 

As long as you can clearly show that these interest charges, and the 8% they've accrued since, were over and above what you would normally have paid then they should be able to track that from the account information.

 

My guess is that there's some mistake in the calculations, and they are disputing it for that reason. They'll not be helpful enough to explain just why or where though.

 

I'm sure I've read other threads on this site that explain how to work it all out, might be worth looking for ?

[kydcarmen]

HI, ok I have been away for awhile but here is an update. Judgement was filed on the 15th Jan, I called the court to see if Halifax had tried to appeal against it but nothing, so I called the bank yesterday, spoke to a real snotty cow who could not understand why I had asked for judgement as I had received payment. I then went on to inform her that they had not paid the full amount as they were disputing a small part of the amount. She then asked me that when I received the money did I sign anything, told her no and that I have been waiting for them to put in a deffence. Now apparently they are having to look into my case as they have no idea what is going on with it. What I don't think that they have realised is that the claim also included the removal of a default, which I will remind them of. If I get no satisfaction from them, then it will be my pleasure to contact the court enforcement team and get them to go into the bank and claim what is mine!

[kydcarmen]

Ok, another update, have just spoken to Halifax bank and they are sending me a cheque for the remainder of the money and then I remindered them of the removal of the default notice. OOPS on thier part as they hadn't noticed that the claim required the removal of default, so the kind man who is sending me a cheque is also gonna get intouch with the legal dept and see how to go about removing the default. Judgement has been pasted and I don't think that they can appeal against judgement after this long and fight the default notice in court, anyway i hope they can't!!!

[WILKINSS208]

you sound as if you are having a long journey with the halifax, just like me.

my claim started in july and im still going with them.

i am claiming back to 1991 worth of charges. they have already paid me the last 6 years but they are defending the years 1991-2000. i have put my court bundle together and its ready to post 14 days before hearing. hearing is 23 march.

do you know anyone who has won previous 6 years?

[jonni2bad]

I think the best thing to do is give them perhaps 48 hours and see what response they come back with. If nothing, or if they still believe they don't have to alter your CRA files, then by all means seek the intervention of the court.

 

The Judge would order the removal as part of the DPA.

 

I think the Halifax might still seek a set-aside but I really don't know what they would argue - best to wait and see on that one.

[kydcarmen]

Ok, I'm stuck with halifax again, judgement has been passed halifax paid all the money but i'm still fighting with them about the default removal even though that was part of my claim and in turn as judgement was passed shouldn't they have to remove it. They are saying that they don't, anyone know what the next step is and can the court do anything to make them remove it?