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    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
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    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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Halifax Account charges -Hardship Case


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Hi. Just need a few things answered on behalf of my mother. Heres the background.

She has a current account and had a few charges put on the account-the usual scenario. I used the templates to reclaim the charges (prelim letter and table of charges etc for her) and put it in as a hardship claim as she is registered disabled and has benefits for this. These charges do not help :mad:

Had the standard reply of you need to prove that you are a hardship case and with this response was a I and E list to send back to them.

 

Does she now fill this in and send back or are they just trying to delay things? Secondly, if she has to send this in shoud i send an accompanying letter from say the templates library on here with another table of charges attached? Any advice appreciated. Thank you

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Hi. Just need a few things answered on behalf of my mother. Heres the background.

She has a current account and had a few charges put on the account-the usual scenario. I used the templates to reclaim the charges (prelim letter and table of charges etc for her) and put it in as a hardship claim as she is registered disabled and has benefits for this. These charges do not help :mad:

Had the standard reply of you need to prove that you are a hardship case and with this response was a I and E list to send back to them.

 

Does she now fill this in and send back or are they just trying to delay things? Secondly, if she has to send this in shoud i send an accompanying letter from say the templates library on here with another table of charges attached? Any advice appreciated. Thank you

 

She needs to complete the I&E form which is part of the Financial hardship process.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Also if they are still taking charges from her, it might be worth changing her bank account so her money is her own each week. This wont make any difference to your claim.

 

Here is a list of accounts...

http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Hi there and thanks. No other charges taken- just a couple a few months ago but enough to make things difficult. Will also SAR them too i think. Be interesting to see if theres anything else for her ;)

It always surprises me (although i know it shouldnt) as to unhelpful these people are. My mother has banked with Halifax for over 20 years and has been treated very poorly. This makes me more determined to get these charges back however :)

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I have banked with Halifax for about the same time as your mum, with several different accounts, and as soon as anything went wrong, they were never helpful. In fact they seemed to go out of there way to make thinks awkward.

 

I have since moved all my accounts and claimed every penny back they took. ;)

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Its bizarre isnt it. As you said, you also banked with them for a long period-obviously put alot of business thier way and treated like a valued customer?-of course not!!! :mad::rolleyes: As it seems with the threads in all the bank forums on CAG theres this underlying theme,- when banks want something from you it has to be immediate but when you want something from them.......:rolleyes: At least though youve moved your accounts and had your money back. Always good news :)

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Hi ddwales you have a browse through my thread nigel1804 now back for the rest and see if you can gain any help from that. I have just had £413 repaid back and bank charges cancelled for 3 months. speak to customer services ask to go to their money management team for a hardship assessment. Do the assessment over the phone straight away when they have assessed you and tell you that you have grounds of hardship go back to customer services. tell the money management team to send the results to the customer services team .At this point "YES YOU BLOODY WELL CAN SEND THE REPORT TO CUSTOMER SERVICES AND YOU WANT A COPY AS WELL, DO NOT BELIEVE THAT THEY SAY THEY CAN'T.This is my fourth time I have claimed money back from them.....YOU FIGHT AND YOU FIGHT>>>Regards nigel:wink:

HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

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  • 1 month later...

Thanks all.

Just to update.

My mother has gone through the hardship process and has been rejected by the fact that she has some savings put away in a seperate account also with Halifax.

The letter sent to her basically stated that she should use her savings when in need (its not much saved trust me!) and that because she has these savings she does not meet the hardship criteria!!!:shock::mad::mad::mad:

BTW-she is registered disabled and cannot work amongst other things!!

 

Im disgusted with them. What a way to treat someone who has banked with them for all this time. although i dont think i should be surprised...

 

LBA to be sent off now???

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OH I know what you are saying. I'm sorry to say these hard faced B.......'s don't care a hoot that your mum is disabled so long as they are getting their big bonus' every year they really aren't bothered. Its all black and white to them your mum has some savings therefore you can't be in hardship. I have done the court proceedure in every case, at least they know you mean business and when the courts rule in our favour you have your case filed and ready.

 

Regards Nigel.

HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

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Thanks all.

Just to update.

My mother has gone through the hardship process and has been rejected by the fact that she has some savings put away in a seperate account also with Halifax.

The letter sent to her basically stated that she should use her savings when in need (its not much saved trust me!) and that because she has these savings she does not meet the hardship criteria!!!:shock::mad::mad::mad:

BTW-she is registered disabled and cannot work amongst other things!!

 

Im disgusted with them. What a way to treat someone who has banked with them for all this time. although i dont think i should be surprised...

 

LBA to be sent off now???

 

Hi there,

 

I have seen this and sorry to get in the way...

I am in the the same template situation and I would not believe anything Halifax said about not being in the hardship.. I have had the same reply from them and I do not have anything saved:D. They told me that they do not see me being in hardship case although I have been without a job for almost 2 years...and this reply came after 3 and 1/2 months in which I have completed 2 financial statements sent by HALIFAX.

First they have replied 2 months later after I have written to them that I am in hardship as claiming JSA, then instead of receiving a proper answer I have received a financial statement which was fine by me....but another 1 and 1/2 month later another Financial statement to complete....what a pile of rubish...

The best thing was that they have kept my card in their cash machine...without any prior notice..oh well...

I have said a sweet GOOD BYE to these people as I do not want them anymore....they needed me not the other way around.

They will want me back..one day....yeah right, sure, why not???:p

Good luck,

DD

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I have been a customer of the Halifax for over 20 years and have 2 accounts with them. For the second time in about 3 years, I am currently in a similar situ. The first time after 100's of letters and a county court claim (which they sucsessfully got stayed), they did eventually re-fund all my charges. Then back in March this year, it started all over again!!

 

Some of the charges were bogus because I had paid in funds to keep within my limit but they applied the charge anyway! Also, once they had charged me £35.00 for being 47p over for 1 day! It costs them no more than £8.50 to administer a default on your account so how do they justify £35?? Simple; it is proffiteering at it's highest level!

 

Customer loyalty means nothing to them, all they are interested in is making proffits and rubbing the noses in it of people in hardship with their anoying TV commercials!

 

Anyway, I have opened an account with another bank whose default policy is more sympothetic than the Halifax. I have suspended all activites in my Halifax accounts and the sooner I pay off the overdraft and end my relationship with them, the better!

 

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OH I know what you are saying. I'm sorry to say these hard faced B.......'s don't care a hoot that your mum is disabled so long as they are getting their big bonus' every year they really aren't bothered. Its all black and white to them your mum has some savings therefore you can't be in hardship. I have done the court proceedure in every case, at least they know you mean business and when the courts rule in our favour you have your case filed and ready.

 

Regards Nigel.

 

Hi Nigel.

 

It really makes me angry. She has very little savings. Just another way of fobbing people off i guess. What a way to treat a someone who has banked with them for such a long time though.

LBA next i think-then court. Even if its stayed at least the intrest will start adding up:)

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Hi there,

 

I have seen this and sorry to get in the way...

I am in the the same template situation and I would not believe anything Halifax said about not being in the hardship.. I have had the same reply from them and I do not have anything saved:D. They told me that they do not see me being in hardship case although I have been without a job for almost 2 years...and this reply came after 3 and 1/2 months in which I have completed 2 financial statements sent by HALIFAX.

First they have replied 2 months later after I have written to them that I am in hardship as claiming JSA, then instead of receiving a proper answer I have received a financial statement which was fine by me....but another 1 and 1/2 month later another Financial statement to complete....what a pile of rubish...

The best thing was that they have kept my card in their cash machine...without any prior notice..oh well...

I have said a sweet GOOD BYE to these people as I do not want them anymore....they needed me not the other way around.

They will want me back..one day....yeah right, sure, why not???:p

Good luck,

DD

 

Hi there.

I can totally sympathise with you. Its a disgraceful situation. In your case what more do you have to prove to show hardship!!?? Absolutely riduculous :mad:

Like everyone else i come into contact with regarding banks they all try to fob you off as much as possible and only start playing ball when court papers are issued.

 

Hope things work out for you.

DDW

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I have been a customer of the Halifax for over 20 years and have 2 accounts with them. For the second time in about 3 years, I am currently in a similar situ. The first time after 100's of letters and a county court claim (which they sucsessfully got stayed), they did eventually re-fund all my charges. Then back in March this year, it started all over again!!

 

Some of the charges were bogus because I had paid in funds to keep within my limit but they applied the charge anyway! Also, once they had charged me £35.00 for being 47p over for 1 day! It costs them no more than £8.50 to administer a default on your account so how do they justify £35?? Simple; it is proffiteering at it's highest level!

 

Customer loyalty means nothing to them, all they are interested in is making proffits and rubbing the noses in it of people in hardship with their anoying TV commercials!

 

Anyway, I have opened an account with another bank whose default policy is more sympothetic than the Halifax. I have suspended all activites in my Halifax accounts and the sooner I pay off the overdraft and end my relationship with them, the better!

 

Hi there SS

 

It seems that all banks 'Customer Services' and practices have a lot to be desired-one look on the Bank(s) and DCA forums sums it all up really:mad:

I totally agree that being charged £35 for going 47p over is ridiculous. This is what happened to my mum a number of times. Definate profiteering-and how?...because they can, plain and simple. Customer loyality only exists when you have money it seems. When i was temporarily unemployed i was given no help whatsoever. Now that i am back in work they are falling over themselves in offering me loans etc etc :roll:. Good for you for suspending your account-hope things work out well for you from here on in. :)

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  • 4 weeks later...

Hi DDWales,

 

Sorry for sticking my nose in. I'm just reading up about hardship criteria.

 

I was saddened to hear that they don't think your mother is in hardship. Hardship to these people is only having one house, two cars and only being able to take three two-week holidays abroad a year. :mad:

 

I can't get an I&E form out of Halifax, even though I have it in writing that one is on its way. I've recently become disabled (lost a limb, actually, and my job). It's been four months since the op and I haven't even had a decision about DLA yet. Sick pay isn't enough to pay the mortgage and bills. I've had to borrow money to clear an overdraft.

 

That said, I'm still doubtful that this is hardship in their eyes. Going to phone them now and get the assessment done over the phone.

 

Thanks for the advice nigel1804.

 

Best,

FM

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Something else about hardship that may be useful.

 

Call the Consumer Credit Counselling Service (http://www.cccs.co.uk) and they'll make an independent decision whether or not you meet the banks' hardship criteria.

 

If you do, they'll give you a letter to forward to your bank, which may help.

 

Freephone 0800 138 1111 (8am-8pm, weekdays only)

 

Best,

FM

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