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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
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Johnboy v Halifax - SETTLED IN FULL!!!! -


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I wrote to the Halifax with the first outlining letter and asking them for a list of all charges made on my account over the past 6 years. They replied within 7 days saying they are looking into my complaint. I have just received a letter saying they basically disagree that the charges are unlawful BUT have offered me 10% back - which is over £300.00 !! Oh and they have listed the charges for no cost as well. They want me to sign a statement to say I accept the refund as full settlement of my complaint. Not the reply I was expecting actually. :)

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It's a good start. Tell them that you want the other 90%, and that they can stick the statement where the sun don't shine.

 

If they are lawfully entitled to the money, why on earth are they offering to give you some back? After all, they have a duty to shareholders to maximise profits...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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They've offered me around 50% of the charges levvied. This is before they have sent me the statements under the DPA request with 5 days left to comply.

 

Reading around tonight I get ups and downs on whether to accept or not. The story about being offered £1200 when a court case was filed was a spur, but I'm still unsure what is the most cost effective route.

 

Any words of encouragement to go on or advice to accept would be greatly received.

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I have spent about 2 hours reading peoples stories and like you I am unsure of carrying on after their offer. But I have paid £3595 in charges over the past 6 years :evil: and it is only the success stories on this site that are keeping me going and probably insist on the full refund. :lol:

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I have spent about 2 hours reading peoples stories and like you I am unsure of carrying on after their offer. But I have paid £3595 in charges over the past 6 years :evil: and it is only the success stories on this site that are keeping me going and probably insist on the full refund. :lol:

 

Go for it. Keep us posted.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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john boy 999,

 

Your claim is very very serious as compared to my paltry £361. I sympathise with your dilemma more than my own, but perhaps we can view the position as a matter of principle, and go on, but you've have much much more at stake than me, if you were to fail.

 

let's wish each other good luck, and see if we can both come to a decision that will satisfy our concerns about going on or not.

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I had a phone call from the Halifax today. (We had very serious financial difficulties from October 2005 up to re-mortgaging our house in early January 2006). I kept very calm when I spoke to the woman and she started off by offering me all January's charges back (our total charges are about £800 and this represented about £100). I held out and she then went on to offer December and January (about £400 of charges). At this point I nearly caved in (WHAT WAS I THINKING?) but then she asked if I was willing to accept reimbursement of last 6 months! I accepted (hey, I'm only human) and she is going to send me a letter of 'full and final settlement'. I was very reasonable with her and stressed that I didn't have a problem with them charging me SOME interest on overdraft but that these charges were way over the top.

 

I wish you all the best of luck and happy outcomes. Hang on in there and thanks to everyone on this forum for giving us all the encouragement to go for it

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All our circumstances are different. You did what was best for you. God luck in the future. Tell your friends about us.

 

Howver, be carefull of what you sign. Come back if you have doubts.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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Q: If they are legally entitled to the money, why on earth are they offering to give you some back?

 

This is the best unanswered questionof all!

 

A: Guilty conscience!

 

Action: Use it to the FULL!

Taming the Halifax!

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Evenin' all,

 

I'd heard the talk on the radio and and I am an avid fan of moneysavingexpert.com where I got the link for this site. there is a short article on MSE which outlines quite clearly the belief that if you stick to it, court or no court:

 

That money is yours.

 

For some the figures are less - for me it's not just about the money.

These last eighteen months have been the most financially stressful of my life. The cruel irony that says you should be reamed for more at the very moment you have the least to give stinks. It stinks for the same reason it take five days to clear a cheque while your transaction money gathers interest in their coffers. It stinks the same way they make you pay off low interest balance tansfers, before high interest purchases. It stinks because we're easy targets, afraid to rock a boat we think we'll sink without. Don't forget, you do them, the favour of keeping your hard earned wage in their safes and it is they who make you pay for it. I've paid more than enough for my overdraft and I'm looking forward getting those unlawful charges back.

Every available penny

21st June - Halifax offer £357 - responded 25th june in the negative

2nd June - Sent letter requesting repayment of charges over last 12 months tatalling £1,977

10th may - Confirm (by phone) I will pay for statements

2nd May - Halifax requests payment for statements and confirms no manual intervention has been carried out.

10th april - Request (by phone) investment report & details of manual intervention

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phew!

21st June - Halifax offer £357 - responded 25th june in the negative

2nd June - Sent letter requesting repayment of charges over last 12 months tatalling £1,977

10th may - Confirm (by phone) I will pay for statements

2nd May - Halifax requests payment for statements and confirms no manual intervention has been carried out.

10th april - Request (by phone) investment report & details of manual intervention

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  • 2 weeks later...

After reading all the threads and scanning the site for over a week, I have told told halifax that I am NOT accepting the 10% refund on my bank charges that I have paid over the past 6 years. I will let you know the outcome in a week or so.........

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Can you keep all your updates for this claim in this one thread please

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Thank you it's just easier for you and also easier for others who are following .

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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My son told me about a guy who won his case today, when i asked which bank he was claiming the charges back from he replied i don't know look on google,

 

So i did, and just look at the news today, How MOTIVATING ...and what a scream, I just love the comment the bank used for the judgement.....and no way would i even consider 10 % especially with this site and the amount of support and guidence you get from here.

 

Have got the link so u guys can be encouraged to go on, as i am. and it certainly made me smile on my Birthday today.....

 

http://thescotsman.scotsman.com/uk.cfm?id=399172006

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In reply to your original question jon-boy.....

 

I would say something along the lines of.... "In response to your recent offer with regard to ...... May I remind you of the details of my original letter stating my request for re-imbursement of unlawful bank charges (quote the bit about unlawful in common law, statute and recent consumer regulations).

 

Although I appreciate your offer, I would like to notify you that my request was for £xxx, and should a positive response not be received by xx-04-2006, (quote your original deadline for payment) then I shall have no option but to file court action.

 

I do hope this matter can be resolved amicably blah blah.

 

Best of luck mate! x

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Sounds good to me! Just adjusted the wording on my first letter and it is stamped and ready to go later tonight. Also, have you heard that the Office of Fair Trading has concluded that credit card charges are UNLAWFUL as they are - let's hope that they publically conclude that bank charges are also illegal as it would make our plight alot easier. I will keep you informed of the outcome in a couple of weeks.

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Im Back....... Well, after sending a letter of decline last week the Halifax telephoned me today and left a message asking nicely if I would ring them in the morning. As I am not that good at saying NO - person to person and I dont like using the phone as it is...... DOES ANYONE HAVE A GOOD ACTION PLAN THEY COULD SHARE WITH ME? I dont want to give in to them but I also need replies to their possible threats etc. Can anyone help?

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Don't call them if you don't feel comfortable/confident doing so.

 

If they call you, just politely tell them that you wish all communication to be done via written letter. Then end the call. Do not get coaxed into a conversation.

 

Maybe you could tell them "I'm sorry now is not a convienient time. Any further communication should be made via written letter" Tell them you are at work/have house guests for a fortnight/have a double glazing salesman drinking tea with you.

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Well, I have just had my local news on TV and a Plymouth man has just lost (sort of) a court case against 6 banks and their charges. BUT the case was lost on the basis that the court did not have the power to say the charges are lawful or not and basically left it to the Financial Governing Body to investigate. BUT - he did NOT have to pay the massive court costs - THE BANKS DID. Bloody marvelous news. I will still be pressing ahead with my court claim just because of the shere determination of everyone on this site and it's operators. Lets go get um!

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