Sapphire001 vs. Halifax **I WON!**

[sapphire001]

Having spent years being overcharged by the Halifax I've finally got round to organising a new (and much better) current account - so as a parting gift to the Halifax I'm hoping to claim back all those penalty charges, including the four they have just notified me about today :0( (and all because my childminder paid in a cheque too early!)

 

I'm just putting together the Subject Access request letter and will get it sent off at the weekend. I'm on holiday for a while then but it'll give them time to send all the charges/statements and I can spend a while reading through the site - so much to take in!

 

Just wanted to ask - over the last six years I've had two different addresses and two different surnames - do I need to put them all in the letter or with my current name/address and account details be sufficient? i don't want them to come up with stalling excuses1

 

Thanks ... and good luck, everyone.

 

Alison

[clayts]

I reckon your account number and any addresses you have lived at/names you have had in the last 6 years should suffice, plus the £10 cheque/PO

 

Have a nice holiday in the meantime.

[sapphire001]

Okay, I'm finally going to get started on the Halifax! The statements arrived on the 22nd-25th August but I've been so busy that I've only just had a chance to go through them and work out the charges. Turns out that over the past five years and three accounts, the Halifax have charged me £797.50 - not a bad haul, although i actually thought it would be higher than that.

 

They're currently still adding charges following them clearing a cheque with insufficient funds - I actually opened a new account and have had everything transferred there but they still keep on adding charges each month.

 

So I've just printed off the preliminary letter and that will be going in the spot today - fingers crossed!

 

Jut one query - I had a threatening letter yesterday - DO NOT ATTEMPT TO USE YOUR ACCOUNT - because I am overdrawn - almost entirely because of their charges and them paying direct debits despite the account being overdrawn. Should I respond to it and tell them that i am awaiting the outcome of this case? Or just ignore the letter/ I'm not bothered about them closing the account down as a I have new one but don't want them to take me to court etc.

 

Thanks!

Alison

 

PS I'm going to go after my credit card company too

[sapphire001]

I had a letter from Halifax yesterday - not quite a standard reply, as it was peppered with errors (loads of words in present instead of past tense, and a couple of words missed out in places) but pretty much along the lines of "You agreed to pay us when you messed up so that's that". They did, however, offer to withdraw the fees that would have gone on my account at the end of September (because of the fees they applied to my account in August ...) - ow kind of them!!!

 

Anyway, the Letter before Action will be going in the post today.

[sapphire001]

Just realised I should give them 14 days even though they've responded, so the letter will be going off tomorrow so they have it Monday morning. I've been onto the MoneyClaim site and ahve filled in the forms there as far as i can, jsut need to add in the interest total for whatever day i submit the claim.

[sapphire001]

Well, what utter lying ***** they are!!

 

In the letter they sent me following my preliminary, the lovely Lianne Salisbury, Customer Care Manager, said, "I have as a gesture of goodwill cancel (sic) pending charges due to debit your account 31st September to avoid escalation of your balance at this time."

 

So what have I just noticed today? They've debited another £28 from my account on 30th Sept and I've had two letters telling me they'll be debiting the same at the end of Oct and Nov!!!

 

 

Grrrr.

 

Anyway, LBA went off at the weekend so we'll see what happens next.

[sapphire001]

had a letter from Halifax yesterday making me an offer of £439, which is a very reasonable 50% of my claim - but of course I won't be taking it! I've got a couple of questions now though, can someone help me out please!!

 

1. Do I need to contact Halifax re: the offer or do I just go ahead and put in my MoneyClaim papers/ The deadline is tomorrow.

 

2. I've already had letters telling me that Halifax will be adding charges at the end of October and the end of November - do I add these to my claim on the grounds that they are definitely going to be added whatever, or do I have to either pay up or claim these separately?

[Guest bluecloud]

had a letter from Halifax yesterday making me an offer of £439, which is a very reasonable 50% of my claim - but of course I won't be taking it! I've got a couple of questions now though, can someone help me out please!!

 

1. Do I need to contact Halifax re: the offer or do I just go ahead and put in my MoneyClaim papers/ The deadline is tomorrow.

 

If the deadline is tomorrow then just go ahead and do it. The deadline is not negotiable and the bank had until then to settle the claim in full as per your request, not bugger you about with half-offers.

 

2. I've already had letters telling me that Halifax will be adding charges at the end of October and the end of November - do I add these to my claim on the grounds that they are definitely going to be added whatever, or do I have to either pay up or claim these separately?

 

You can only claim for charges that have already been applied, so unfortunately you cannot add them to the claim this time. However, there is nothing to stop you from going through the same procedure in December, after the second charge has been applied. It might be worth giving the bank a ring after your claim has been successful to see if they will perform another "gesture of good will".

 

 

 

Hope this helps.

 

 

.

[sapphire001]

Thanks for helping, I'll get the Moneyclaim thing sorted out and put into action tomorrow.

[bearo]

I would advise a letter rejecting the offer of settlement is still sent, just my opinion really and something I always do! Letter is in the templates section if you need it, just modify it to suit!

[sapphire001]

MoneyClaim has gone through, fingers crossed! Just off to the template library to politely but firmly turn down their generous offer! Wish me luck!!

[sapphire001]

Just checked on the MoneyClaim site and the Halifax acknowledged my claim on Friday despite the summons not being deemed served till today. Fingers crossed I'll have some money within the next few days!! This is exciting

[sapphire001]

Just got home to find a letter from the court saying that Halifax intend to defend the whole claim. This is getting a bit nerve wracking now - I know from reading posts here that they always say they'll defend and then pay up anyway, but i don't really fancy going to court if I can help it. Oh well, I guess it's just a case of wait and see now.

[sapphire001]

Just had a letter from the Halifax:

 

Overlimit amount: £199.72

DO NOT IGNORE THIS LETTER

 

Despite several attempts to resolve the very serious arrears on your account you have chosen not to bring your account up to date.

 

If the payment above is not made within five days of the date of this letter, we may take further action against you.

 

Upon expiry of the Default Notice, we may instruct a debt collection agency to arrange repayment of the full balance or alternatively commence legal action.

 

It is in your interest to resolve this matter by making an immediate payment of £199.72.

 

Your card has now been cancelled. Do not attempt to use it. The card should be cut in 2 pieces, horizontally across the magnetic strip, and returned to us immediately.

 

I've checked my account and they haven't paid up yet, and there's still ten days to go till the deadline. This overdraft is made almost entirely of their fees which is why I haven't done anything about it - I'm planning on clearing it when they pay up, then transferring the rest of the money to my new account (as I haven't used this one since the end of July).

 

Is this just a scare tactic? Should I be worried? is this actually a Default Notice as they hint at, even though it doesn't say at the top that it is?

 

What should I do, anyone??!

[sapphire001]

Bumping as I really could do with some advice here!

[Spuddy]

I'd hold out personally. If it is referred to a debt collection agency, I'd telephone them to tell them that their action needs to go on hold pending result of legal action against the halifax.

 

Also, if a default is placed on your credit file, you'd be able to get it removed because it was due to unlawful charges that they put on your account. In court if neccesary...

[sapphire001]

I'm not planning on paying, I'm more than happy for them to take the charges from the returned charges but can't afford to clear it in the meantime. Are there any templates that I could send to let them know the situation? I had a look in the library but couldn't see anything suitable.

[sapphire001]

Just written a reply:

 

Thank you for your letter of 23rd October regarding arrears on my account. I am currently waiting for the resolution of a MoneyClaim court order for unfair fees charged by you to my accounts and when I receive this money the arrears on my account will be cleared.

I would like to point out that when I opened this CardCash account in 2003 it was promoted as one where I would not be permitted to go overdrawn – that all payments made when there were insufficient funds would be refused. While on paper my account became a Student Current Account when I started university in September 2002, as I did not receive any benefits (no Switch card, cheque guarantee card, overdraft etc) or any notification of a change of conditions, I assume that the conditions remained the same.

However, on 25th July 2006 a cheque for £79.75 cleared my account despite it taking me overdrawn. (Incidentally, the cheque was also post dated 1st August, which I believed at the time would ensure the cheque could not be cashed until after I had been paid on the 28th). Because this money left my account without my realisation, there were then insufficient funds for my regular payments and debits, and another 9 transactions totalling £149.50 were allowed to go through. I do not feel this is responsible action on your part given that there is NO overdraft facility on this account, authorised or otherwise. You have also made charges totalling £176 since July 25th.

I would hope that while the charges on this account are under scrutiny by the courts, you will put any pending action on hold until a resolution is achieved.

 

Is that any good? Or TMI??

[Guest bluecloud]

Sorry to pee on your bonfire but I wouldn't send it.

 

Something like this might be a little less inflammatory:

 

Your Address

x

x

x

Date xx/xx/xx

Dear Sir/Madam

Re Account Number: xxxxxxxx

Roll number: x/xxxxxxxx-x

I acknowledge your letter dated xx/xx/xx.

I am endeavouring to rectify this matter with all due haste. However I am currently unable to restore the account within your suggested time frame.

I am sure that you are aware that the account is the subject of a claim relating to the bank charges applied. Should you feel it necessary to proceed with the collection of the outstanding balance I will have no option other than to place the account in dispute.

I request that my current claim be allowed to finish before any further action is taken.

I have enclosed the card in the condition that you have suggested.

Yours faithfully

xxxxxxxxxxxxxx

 

Hope this helps.

 

 

.

[sthurley]

Hi Sapphire,

 

Looks like me and you are about the same timescales with the MCOL, lets hope we both have some good news soon, waiting for my postie everyday!!!:grin:

 

 

Sean

[jackboy]

Hi Sapphire and Sthurley

 

I'm at the same stage as you, filed with MCOL last Wednesday 18, acknowledged by the Halifax on the 19 and received court papers on Saturday saying they intend to defend. Just waiting now for their letter to say they will pay up!

 

Karen

[sthurley]

ohh so we are all at the same stage, I had my court letter straight away to, Ive just checked my account, still nothing......no postie yet.

 

And Im claiming 12years worth of charges so Ill be double chuffed if they pay up the whole amount........:grin:

 

Sean

[jackboy]

I'm only claiming for the last 6 years but almost £5,000. Paranoid that I'll be the one they will make an example of and drag into court!!!!

 

Karen

[sapphire001]

Oops, sorry Bluecloud, i sent the letter yesterday. i am really angry about what they have done recently, especially as they offered to rescind further charges as a goodwill gesture (I have it in writing) yet still added more on. Hopefully like with most organisations one hand doesn't know what the other is doing and those deciding whether to pay up won't get wind of my complaint!

 

Sthurley and jackboy, good luck!

[sapphire001]

I was SURE there'd be a letter in the post yesterday but I've still not heard a thing from the Halifax, and they acknowledged over a week ago now. I'm starting to have a nasty feeling that I'm the one they're going to make an example of and take to court