London v 4556 Halifax ...settled !! but back for some more

[London000]

Hi there everyone,

 

Back in November 2008 I have started the process of reclaiming the unfair charges using Martin's money site not knowing of the existence of this brilliant forum.

Once I have discovered it all I can say is that I am addicted to it.

 

Anyway, once I have asked for the statements for the last 6 years(including a £10.00 PO) and given them 40 days to comply with, I was just on the point to send them another letter just to remind them(as it was only a day till the time was up)...I thought they have lost or forgoten my letter or even ignoring me!!

 

They have responded right on time with all the statements. Having going through them I have discovered the unfair charges applied onto this account, therfore I have sent them another letter including the detailed charges(by dates, how much plus an additional 8% on each time and the final total which was around £174,00- that is what I thought).

 

They obviously came back and offered me as they usualy offer "a goodwill gesture" 117.00.

I then sent them another letter saying that I do accept their offer but if there are anymore charges and I do not know then they have to return all of them. Should I discover them at a later date then I will come back for them.

2 weeks later they paid the money into the account, but the funny thing is that I did discover some more unfair charges as I was looking through the statements (and that was the insurance protection PPI), therefore I was back for some more..

They did not reply, went to FOS, taken me 4 months of corresponding with FOS, then 1 day ago....the letter came from Halifax (as it was on the point that FOS would send an adjudicator to investigate the whole thing - which I think Halifax would not go for it) to say that the whole amount of my claim is settled and the rest of the money will be added to the account (actually deducted from the whole lot).

 

Now the balance will show less another 400.00 as previously did deduct the 180.00 which sounds very good.

 

Having said that as Halifax did not apply anymore charges for the last 6 months, the statement came yesterday and amazingly they have applied another £87.00 or something like that....

Here I am again going to get them with the letter showing them that this account is in dispute and if they forget I should send them a copy of the FIRST REQUEST OF CCA ontop of which they did not offer me compensation of 100.00 for damages....as per my request.

I should post all the letters and their responses including the FOS letters, these days....

AHHH!! I have to add that I will go further in asking the rest of the statements going back from 1997 and not from 2001 initial requested....OLE!!!!!

Good luck to all of us with all them banks,

DD:cool:

Edited July 31, 2009 by London000

[London000]

Hi there everyone,

 

I am back as promised with the last letters from me to Halifax with regards to charges and their response after FOS given them the ultimatum...

 

My last letter dated 4th of May 2009 before going to FOS..

 

Dear Sir /Madam,[/font]

 

I refer to the unfair charges applied to the above account as per my previous letter dated 2nd of March 2009 in which I was claiming the amount of £336.01. Financial Ombudsman has been aware as well with regards to the unfair charges applied for all these years. I am also including the £12.00 as well plus a 8%, which you find it “a fair charge”. Just to let you know that by returning all the charges applied all these years comes to a total of: £578.57. (see attached Court Calculator sheet).

Your previous letter indicates you believe your charges are in line with the Office of Fair Trading Guidelines. In order to make it clear to you that OFT did not give you permission to charge £12.00 I include these quotes from OFT: “We are not suggesting that default fees should be set at £12.00, and a court will certainly not consider that a default fee is fair just because it is below the threshold”. “We consider that a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract. This means that a default charge should not exceed a reasonable pre-estimate of the administrative costs that the consumer ought to have realized would be likely to be incurred by his or her card issuer in dealing with defaults”.[/font]

 

I now require you to repay all these £12.00 charges adding 8% in total of £242.56 to this account within 14 days, on top of the £336.01 previously requested in which I have never had any reply from you which comes to a grand total of £578.57.[/font]

As this account is in dispute since December 2008, Halifax can not ask for any repayments as well as by not disclosing/ sharing my personal data to any other third party. To add as well that you are still in default with my Credit Card Agreement request and therefore this account is in a very clear dispute as you have only provided a Credit Card Application

( letter to follow as well in this matter). [/font]

 

If you do not comply, I will commence court proceedings to resolve this matter at once and give Halifax the opportunity to explain to a County Court how every time a customer makes a late payment or goes over their limit, costs Halifax £12.00. In addition, compensation due to the damages as well as other costs will be added.[/font]

I believe this makes my position very clear.

Yours faithfully:cool:[/font]

After their silence I sent FOS a form with all the corespondence.....and after few letters from FOS...THE OUTCOME...

 

SEE THE ATTACHMENT

or here the link

 

"Halifax letter dated 280709 picture by americaninparis - Photobucket" src="http://i609.photobucket.com/albums/tt173/americaninparis/BANK1200709002001.jpg" border="0" alt="Halifax letter dated 280709">

Edited July 31, 2009 by London000

[maroondevo52]

It's too wee to read

[London000]

It's too wee to read

 

Sorry maroondevo,

Try again please.

I would like to send a letter to alifax to let them know that they have to give me the compensation as I if I did not go to court, I mentioned in my letter dated 4th May that I will claim the 8% interest and compensation....as they given the interest they should give the compensation as well....

Any letter I could use please????

Thank you,

DD

[maroondevo52]

Hi,

 

I'd get in touch with whoever was dealing with your case at FOS and ask them where you stand.

 

Regards.

 

Scott.

[London000]

Hi,

 

I'd get in touch with whoever was dealing with your case at FOS and ask them where you stand.

 

Regards.

 

Scott.

 

Thank you very much Scott.

DD:)

[London000]

Hi there everyone,

 

I have received a response from FOS saying that they are sending my complaint to an adjudicator...so I wait for their reply..

DD

[maroondevo52]

Yes, you'll just have to wait, I doubt you'll get any more, but if you don't ask, you dont get.

[yourbank]

Hi there everyone,

 

I have received a response from FOS saying that they are sending my complaint to an adjudicator...so I wait for their reply..

DD

I'm not entirely sure there is a case to answer. The first letter you wrote you asked for an amount and they paid it....eventually. You then went back to them and asked for more and that has been paid. Not entirely sure why this £100.00 compensation comes in either?

And has those charges of £87 odd been included in the amount refunded?

[London000]

I'm not entirely sure there is a case to answer. The first letter you wrote you asked for an amount and they paid it....eventually. You then went back to them and asked for more and that has been paid. Not entirely sure why this £100.00 compensation comes in either?

And has those charges of £87 odd been included in the amount refunded?

 

Hi there,

 

In my first letter I have asked for all the unfair charges applied to the acc. Now, to my( little) knowledges it means that even if I calculated a smaller amount, should I discover more these kind or rubbish charges, then it is part of the claim..i think. I did mention in the first letter about all the charges....

Then I have asked for more while Halifax did not answer to other letters I have written with reg. to more charges....then Halifax did not reply, sent a second letter...no reply...then FOS...

I believe that they have failed to provide a basic, not to mention a good customer service as well as being honest....!!!!

I have sent them the Court Calculator including the 8% with all he charges I thought. I have mentioned that if I do find any other charges applied I will come back for some more.....

We shall see the outcome. As our colleague said (maroondevo) - you do not ask you do not get..

DD:cool:

Edited August 4, 2009 by London000

[yourbank]

Hi there,

 

In my first letter I have asked for all the unfair charges applied to the acc. Now, to my( little) knowledges it means that even if I calculated a smaller amount, should I discover more these kind or rubbish charges, then it is part of the claim..i think. I did mention in the first letter about all the charges....

They repaid all the charges...

Then I have asked for more while Halifax did not answer to other letters I have written with reg. to more charges....then Halifax did not reply, sent a second letter...no reply...then FOS...

I believe that they have failed to provide a basic, not to mention a good customer service as well as being honest....!!!!

I have sent them the Court Calculator including the 8% with all he charges I thought. I have mentioned that if I do find any other charges applied I will come back for some more.....

We shall see the outcome. As our colleague said (maroondevo) - you do not ask you do not get..

DD:cool:

Where were the letters sent?

What are your losses?

Did the end result mean that you are out of pocket?(perhaps on postage maybe)

[London000]

Where were the letters sent?

What are your losses?

Did the end result mean that you are out of pocket?(perhaps on postage maybe)

 

Hi yourbank,

 

Yes, it is about the postage, letters, time spent, their rubbish customer service as well as their ignorance (as Halifax is still adding charges when they shouldn't). They know very well that I am in financial diff. but they keep ignoring everything I have told them. Why should I comply with their attitude?? I have done whatever they asked me to for so many years...

It is time for them to repay for what they have taken, as well as all the faluire to what they have promised. I have nothing against them although I should, but it is what they should have done a long time ago (keeping the truth hidden is not going to get them far).

Anyway see what happens....

DD:cool:

[yourbank]

Hi yourbank,

 

Yes, it is about the postage, letters, time spent, their rubbish customer service as well as their ignorance (as Halifax is still adding charges when they shouldn't). They know very well that I am in financial diff. but they keep ignoring everything I have told them. Why should I comply with their attitude?? I have done whatever they asked me to for so many years...

It is time for them to repay for what they have taken, as well as all the faluire to what they have promised. I have nothing against them although I should, but it is what they should have done a long time ago (keeping the truth hidden is not going to get them far).

Anyway see what happens....

DD:cool:

Unfortunately, you get nothing for crap service or ignorance, since service is about perception and ignorance is about education. Attitude is again about perception rather than reality.

Only thing I would add is that when you passed the details to the FOS did you explain why you were asking for £100 compensation?

Did you give them copies of your losses, ie postage, telephone calls if any, and all the instances in which you either posted/called them and the information they told you?

 

At the moment, the charges element to the complaint is resolved from what I can tell from the thread so the FOS will have to decide on the element of £100 which is why if you have sent the FOS the losses you incurred they will be able to determine Losses plus any discretionary amount they deem fit.

[London000]

Unfortunately, you get nothing for crap service or ignorance, since service is about perception and ignorance is about education. Attitude is again about perception rather than reality.

Only thing I would add is that when you passed the details to the FOS did you explain why you were asking for £100 compensation?

Did you give them copies of your losses, ie postage, telephone calls if any, and all the instances in which you either posted/called them and the information they told you?

 

At the moment, the charges element to the complaint is resolved from what I can tell from the thread so the FOS will have to decide on the element of £100 which is why if you have sent the FOS the losses you incurred they will be able to determine Losses plus any discretionary amount they deem fit.

 

Hi yourbank,

Thank you very much. I know how the banks are making the money.... but by not knowing the correct procedures we as customers have to put up a fight to get what should have been ours to start with....

I should try to let FOS know about it but as far as I know they have paid a compensation for another card I have had (now closed) for their poor customer service...and why not now??..and I think here it comes the discretionay you have mentioned above. I shall pull up all the receipts in terms of postage, as well as time spent which I do know that is around £10.00 /hour,etc.

It is funny how banks are preventing benevolent cusotmers in getting the money so, they will delay the whole claim to make more profit....I think we should ask the repayment to be calculated up to the day of payment....and that where it comes the 8%... If you really going for the long run, then they have to disclose how much profit they scooped up from these money taken so they can pay cusotmers up a percentage?!?.....

What I am saying is not part of any reality. Anyway talking about the reality is only the face of things...To me the whole thing is....nothing. The amount shown in statements are just ....numbers.

DD

[yourbank]

Hi yourbank,

Thank you very much. I know how the banks are making the money.... but by not knowing the correct procedures we as customers have to put up a fight to get what should have been ours to start with....

I should try to let FOS know about it but as far as I know they have paid a compensation for another card I have had (now closed) for their poor customer service...and why not now??..and I think here it comes the discretionay you have mentioned above. I shall pull up all the receipts in terms of postage, as well as time spent which I do know that is around £10.00 /hour,etc.

It is funny how banks are preventing benevolent cusotmers in getting the money so, they will delay the whole claim to make more profit....I think we should ask the repayment to be calculated up to the day of payment....and that where it comes the 8%... If you really going for the long run, then they have to disclose how much profit they scooped up from these money taken so they can pay cusotmers up a percentage?!?.....

What I am saying is not part of any reality. Anyway talking about the reality is only the face of things...To me the whole thing is....nothing. The amount shown in statements are just ....numbers.

DD

 

London I think you are going restitutionary interest thoughts and there is no evidence that the banks will have to pay that which even the OFT QC, Crow stated in the last day of summation in the OFT test case. In fact that will be part of the Secondary litigation once the first part has been completed.

[London000]

London I think you are going restitutionary interest thoughts and there is no evidence that the banks will have to pay that which even the OFT QC, Crow stated in the last day of summation in the OFT test case. In fact that will be part of the Secondary litigation once the first part has been completed.

 

Hi yourbank,

 

Do you think I should not go ahead?? Or shall I just try see if it works....I have nothing else to lose..

DD

[yourbank]

Hi yourbank,

 

Do you think I should not go ahead?? Or shall I just try see if it works....I have nothing else to lose..

DD

 

I think you have to be prepared for the FOS to say no and then you have your receipts for actual loss which will be additional information should they not agree with the amount of the compensation

[London000]

I think you have to be prepared for the FOS to say no and then you have your receipts for actual loss which will be additional information should they not agree with the amount of the compensation

 

Thank you yourbank,

Yes I have the receipts..and once FOS will reply negative then I should sned them copies of all the receipts...

DD