bank account closed

[lucie1973]

i have recently started the process of claiming my charges back from halifax on one of my accounts from them. i checked my accounts this morning through internet banking and have found that the account i am claiming charges for has been closed , is this because i am claiming charges from then and are they allowed to do this without my permission:mad:

[BankFodder]

It is contrary to the banking code of practice to take retaliatory action by closing accounts. I expect that Halifax will say that it is closed for some other reason. However, if you can show that had it not been for the charges, the account would have been in good shape then I think that you have an argument.

They should at least have given you notice.

The banks frequently break the rules. The bankng code is mainly useless.

However you should at least begin a complaint to the FOS alhtough it will take about a year to get a result.

[sea-sidelady]

Do you have another account you can use?

[FM79]

They haven't closed mine. I'd be very annoyed if they did.

 

Good luck lucie1973.

[lucie1973]

yes i have another account with the same bank, i am worried they are gonna mess around with it as its the account i use for my wages and benefits, the account they closed was overdrawn £65 unauthorised but that was because of there charges!!

[sea-sidelady]

You should be aware they can take money from one account into another. It might be a good idea to have a look at as parachute account.

 

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

[lucie1973]

what is a parachute account, i cant get an account anywhere else because of my poor credit rating plus all my direct debits come from this account.

[sea-sidelady]

A parachute account is an alternate bank account. Have a look at the link I gave you. It explains all the basic accounts you can get with bad credit history. Some have debit cards with them, and all direct debits can be moved.

 

I'm not saying "do it", but if things get out of control, it is an option.

[lucie1973]

thanks for that, didnt really use the account they closed so not that bothered but am bothered about the other account, i am surprised they have not transfered money from my main account to cover the overdrawn money in the other account, well they cant now cause they have closed it lol, but then i was overdrawn in the main account as well which is why i am claiming my charges back under hardship.

[FM79]

lucie1973,

 

If you don't mind me asking: how did you get a hardship/I&E form from Halifax? They won't send me one.

 

Thanks,

FM

[lucie1973]

i havent got a form yet, i sent a letter asking for my statements, they have got 40 days to reply, they have cashed the £10 cheque i sent so they have got no excuse for not sending the statements.

[FM79]

I see.

 

I've been waiting for some time now for an I&E form - from both Halifax and Lloyds. Seems like this is one of their tricks to keep you hanging on.

 

I'm going to put all my I&E info down and send it to them. My advice is not to wait if they keep saying that they'll send you a form (after they've sent you everything else, that is), because they're just wasting time.

 

Best,

FM

[lucie1973]

sorry what is an I&E. did you make a note of the date that you sent the letter. i wrote in my letter that they have 40 days to reply, if they dont reply then i will send another letter especially as they have cashed the £10 cheque i sent for previous statements

[FM79]

Hi lucie1973,

 

I&E is short for Income and Expenditure. It's a form used to list everything you have coming in and going out so that the banks can decide if you meet their hardship criteria or not. I've asked the banks to send me one, and they said they will, but I'm still waiting. In the end I just downloaded one online and will send that to the banks instead.

 

I found this site helpful: http://www.cccs.co.uk. Click the Online Debt Remedy button and then Start Debt Remedy. It gives you an idea of what's an acceptable amount for how much you can say you spend on things like pet food.

 

I hope it helps you.

 

Best,

FM

[FM79]

You can also phone 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 your case. Freephone 0800 138 1111 (8am-8pm, weekdays only).

 

Don't wait for the bank to send you their I&E form like I did. It was a waste of time.

did you make a note of the date that you sent the letter. i wrote in my letter that they have 40 days to reply, if they dont reply then i will send another letter especially as they have cashed the £10 cheque i sent for previous statements

I don't want to disappoint you or worry you, but I did that too (and I sent a second letter and waited much more than 40 days) and they still didn't fully comply with my SAR until I'd filed the N1 form at court.

 

They (Halifax and Lloyds) were able to cash my £10 cheques at once though.

 

Best,

FM

[lucie1973]

thanks a lot for letting me know that, i will definately follow your links now, do you think i should wait the 40 days first before i go down a different route?

[lucie1973]

FM79 forgot to ask did you eventually get your fees back:)

[sea-sidelady]

The bank legally have 40 days to send out your statements. There is not a lot you can do until you have those then you can see what you can do.

 

Have a good read around so you can see how others are getting on.

[FM79]

Hi lucie1973,

 

I haven't sent them my fees total yet but they will definitely-definitely-definitely have them all on Monday. It's been this long getting them to comply with the SAR and then checking and double-checking that they included everything.

 

I'd wait for the 40 days, then on the 41st day send them a second letter (the LBA/Letter Before Action) giving them another week or two to fully comply.

 

I don't think you can ask them to consider your case a hardship case until you've had all the papers back and can give them your total to be reclaimed, but I may be wrong about that.

 

If it's of any use to you, my thread can be found here: http://www.consumeractiongroup.co.uk/forum/lloyds-bank/219902-fm-lloyds.html

 

Best,

FM

[lucie1973]

the banks 40 day time limit is up on monday for them to send me my statements, they have cashed the £10 cheque so i know they have received my letter, i have a feeling they are not going to send the statement by monday, can anyone give me a link for a letter to send next, i have looked in the letter template section but it is to confusing to me, thanks

[sea-sidelady]

Here you go. Send this it gives them 7 days to get them to you. Some times they need a nudge.

[FM79]

Hi lucie1973,

 

You could send something like this.

 

Best,

FM

 

Dear Sir or Madam,

 

I wrote to you on XX/XX/09 requesting copies of all data held in my name.

I made this Subject Access Request so that I may attempt to reclaim the unfair and unlawful charges that you have levied against me.

 

I can prove that this letter, including the statutory maximum fee of £10, was delivered on XX/XX/09.

 

You have not complied with my request, although you have cashed my cheque.

 

The Data Protection Act states that you have 40 calendar days to comply, and that failure to do so may result in a formal complaint being lodged with the Information Commissioner's Office.

 

XX calendar days have now passed.

 

If you do not fully comply with my request within the next 7 days, I will lodge a complaint with the Information Commissioner. I will also proceed with Court action for non-disclosure, together with damages at the discretion of the Court and without any further notice.

 

I would be grateful if you could also send me an Income and Expenditure form, as I would like to make a Hardship Claim.

Yours faithfully,

 

lucie1973

Account Number: XXXXXXXXXXX

[lucie1973]

i take back what i said, i received the statement i needed today, it amounts to £936. i have done the next letter so fingers crossed

[FM79]

Good luck,

FM

[lucie1973]

cheers, will keep you posted