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It`s really great to be able to talk to people who have/are going through the same/simular issues as myself :)

 

The story so far -

After reading a `Which` report some months ago I decided to write to the Halifax where I have banked for 5 years, and requested copies of Statements from my account to cover the period from Account Opening to date, and made this request under the terms of the DPA.

10 days later I received a letter from the Halifax advising me that there was a £5.00 charge to provide the statements, and `ASKING` for my authorisation to debit my account for the charge (How nice of them to actually Ask first).

I wrote back giving the authorisation (and phoned the same day as sending the letter), and 15 days later (June 06) received 37 (yes thirty seven) envelopes through my letter box (the postman hasn`t spoken to me since:confused: ) containing the requested statements.

Went through the statements with a fine tooth combe to find that my caring bank had charged me £1665.00 :shock: in charges over the period, but I had not gone overdrawn (I don`t have an overdraft limit on the account) at any time according to the statements, so the charges relate to when I didn`t quite have enough in my account to cover a direct debit etc (which they did not pay, but charged me for the pleasure of not having it paid).

 

I wrote a templated (Which site) letter outlining my time with the bank etc, and asked for a refund of my charges.

Well, two weeks passed and I received a letter from the bank stating that the charges were made in line with the terms and conditions etc,etc.

I sent another letter to the bank stating that if I did not receive full re-payment of the charges within 14 days then I would be fileing a case through the small claims court.

I also sent a letter at the same time to the Manager of my Branch asking for copies of All letters that had been sent to me during my time with the bank that related in anyway to charges to my account.

10 days passed, and my Postman is really hacked off with me now!!:evil: a further 39 envelopes passed through my letterbox, containing, yes, you`ve guessed it, statements for my account for the same period???

As no further communication was received, I filed on the 15th August 06 online at the small claims court.

I noticed today that the case has been Acknowledged by the bank, so I thought "in for a penny, in for a pound" I`ll give them a ring to see what the atmosphere was like and ask Why they had sent me statements once again when I had asked for Copies of Letters, but just before making the call my Unfriendly postman delivered todays mail, and there was a letter from the Halifax!!

With great apprehension I teased open the envelope, only to find that they had written to me asking once again for permission to charge £5 before they could send me the statements that I had Not requested.

 

I made the call (0845-394959), and after going through the very annoying "press 1, press 2 etc,etc I finally got through to a human being. I explained that I had received a letter today asking for permission etc, but explained that I had received statements already (that I had not requested) and she apologised!!!

I explained that I actually had requested, under the T&C of the DPA, copies of all Letters rather than statements, but she explained (and seemed very knowledgeable about) that the bank when challenged for information relating to charges over 6 year period, were sending out statements only. I explained that I would be quite happy to submit a `Subject Access Request` (trying to show that I was quite knowledgeable too) to enable me to get the information required, and this seemed to phase her a little, she said that if I hold the line (why do people say that??) then she would speak to the department handling my claim (Woww!! I have a Department handling my claim:p ) to see what she could do to help me.

.

.

.

After waiting a few minutes she returned and said that for me to get the information that I had requested they would have to get someone to sit on a computer (hope their not to heavy, as they will break it!) and go through my account and list down every charge and note what the charge was for, and then they would have to send this out to me in list form so that I could understand it, and this would be very time consuming for them (I was tempted to say "Oh well, I don`t want you to go to all that trouble, just for little old me", but heck, I`m in this for the long haul!).

I said that if that`s what it takes, then that`s what it takes, and I`m sure that it will satisfy my solicitors requirements!

She said that she will arrange it immediately! but given the complexity of what is being requested, it could take 7-10 days before I would receive the information, I said that`s fine I`m not going anywhere (I am actually going somewhere, but where is on a need to know basis, and she don`t need to know).

 

So, thats where I am to date, except, I have just written a Subject Access Request to the Data Controler at the Halifax and asked for copies of ALL data ect,ect (not to further pi** my postman off, but to see just what they keep on file and what further damage they could be doing if sharing this information)

 

I`ll update this thread when anything happens:)

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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Ok looks like you have been busy........

 

Welcome to the site.

Generally Halifax are easy to work with when it comes to claiming back charges.

While you await the info that you have requested,take some time to read the faqs......it really IS important.

 

If you need help and advice along the way all you have to do is ask.

 

good luck with your claim.

 

:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Martin - Thanks for the reply and words of support, very much appreciated.

 

I understand that as Halifax have acknowledged my claim through the court services that they have 28 days to respond rather than the normal 14 days, is that correct?

Are they acknowledging so they can stall for time?? so they can try and get upto date with the many claims they are receiving perhaps.

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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Yes once acknowledged they have 28 days from when the claim is served.

however they often pay up very quickly once they have acknowledged. Wednesdays seem to be their prefered pay back day - and they often pay the money into account before even sending out the settlement letter.

So keep an eye on your account and good luck!

Abbey Prelim Letter sent 16/06/06 - LBA sent 30/06/06 - MCOL served 22/07/06 - Acknowledged 26/07/06 - Defended 16/08/2006 - Settled 20/09/06 :o

Abbey 2 Prelim Letter sent 22/09/06

Abbey 2 LBA sent 9/10/06

MCOL 03/11/06

Cap One Prelim sent 28/06/06 - LBA sent 13/07/06

MCOL served 05/08/06 - Acknowledged 02/08/06 - Served 05/08/2006 -Settled in full 22/08/06 :D :D

Halifax Prelim sent 03/07/06 - LBA sent 17/07/06

MCOL issued 03/08/06 - settled in full 09/08/06 :D

MBNA S.A.R sent 21/08/06 Settled 21/09/06 :-o

Morgan Stanley S.A.R sent 29/09/06

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Martin - Thanks for the reply and words of support, very much appreciated.

 

I understand that as Halifax have acknowledged my claim through the court services that they have 28 days to respond rather than the normal 14 days, is that correct?

Are they acknowledging so they can stall for time?? so they can try and get upto date with the many claims they are receiving perhaps.

 

 

They have 14 days to respond initially.

Since they always say they will defend it does not mean they will,but the defence has to be sunmitted within the 28 days.

 

The pattern for Halifax recently has been ...acknowledgement 2/3 days after submitting then 2/3 days later they pay into your account the interest and court fee.

This is followed a day or two later by the full amount.

So its likely that you will have your money in a few days.

 

This goes for live accounts tho.......I am not sure how they are addressing closed accounts.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Well, first the good news -

Wednesday obviously seems to be the day that Halifax set as their settlement day, checked my account this morning to find that sometime yesterday they paid in the £120 Court Fee and £1655 refund of charges :)

No letter or phone call from them to say that they were doing it?

 

The Bad News -

I failed to add in the Interest to my claim:? , and having used the calculator from this site it comes to £237.79

Am I able to claim this retrospectively? has anyone any advice on how best to go about claiming? or have I lost out on this now?

 

Going Forward -

I`ve sent off letters to both the Abbey National & Capital One asking for statements under the DPA, so they better watch out - I`m on a Roll!!

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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Letter from Halifax saying -

 

"I have returned the form of Acknowledgement of Service to the Northamnpton County Court indicating that Halifax intends to defend your claim. However, on a purely commercial basis, it will cost Halifax money to defend your claim in terms of the legal costs that wil be incurred. It is unlikely that Halifax will be able to recover these costs (even if the bank wins) because your claim will probably be allocated to the small claims track, in which costs are not generally awarded.

 

For this reason, but without admission of liability, Halifax is willing to reimburse £1655.00 in respect of the bank charges incurred. The Halifax will also reimburse £120.00 in respect of the court fee"

 

Money is in my account (or was, I`ve moved it to another bank)

 

So anyone on here who is getting worried about if the bank will pay up, keep at it, they will in the end.

VIEWS EXPRESSED ARE MY OWN - IF THEY HELP - PLEASE CLICK MY SCALES

Halifax - S.A.R - June 06

- Pre-Lim(£1665) July 06

- LBA - July 06

- MCOL - 15th Aug 06

- Acknowledged 18th Aug

- Settled IN FULL :eek:

- 2nd Claim Started - 12 Dec 2006

- SETTLED IN FULL:eek:

- 3rd Claim Started (Phone Call) 1st March 2007

- SETTLED IN FULL:eek:

Abbey National - S.A.R - 23/08/06

- Default Removal Letter sent 21st Sept

- LBA sent with Estimated Charges 4/10/06

- 2nd LBA 23/10/06

- N1 filed 9/11/06 - Deemed Served 16/11/06

- AQ & Draft Directions filed 19/12/06

- Court Hearing 22/3/07

- SETTLED IN FULL:o INCLUDING £5k COMPENSATION

Capital One - S.A.R. 10/10/06

- SETTLED IN FULL:eek:

Alliance & Leicester - Mortgage E/S/C Claim 02/03/07

- SETTLED IN FULL:eek:

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