Natz vs Halifax

[natz]

Hi everyone,

 

I don't know if I should be jumping with joy just yet but I just could not help it.

I received a call from Halifax yesterday and I was told that they will refund all the charges £444.00. Also, they will be sending me documents to sign first before crediting the money into my account. One problem though, I would like to be paid by cheque but I did not tell them that on the phone because I was quite excited and surprise when I heard the news ( I literally had to pinch myself to see if I was not dreaming), so shocked that my brain did not function as quick as it was supposed to be. I am kicking myself at the moment because I should have say that I would like to be paid by cheque.

 

Will it be too late to tell them that I prefer to be paid by cheque?

Should I sign the document/s (they will only pay up after I sign the document/s)?

What happen if I didn't sign and accept the terms? Will they change their mind and not pay up?

 

Many thanks in advance.

 

Best regards,

Natz

[mechs]

You could email them and ask for the money to be paid by cheque and also state that you will accept the repayment unconditionally, if they insist on you signing the form then tell them you will continue with your claim you havent said whether you have started legal proceedings, if you have you can say then you will continue with this

[natz]

Thanks mechs.

 

It has been a week since I received the call from Halifax saying that they will pay up the full amount only after I sign a few documents. They also say that they will send the document before the 14 days is up. I am still waiting for the documents and the 14 days will end on Friday 15 September.

 

What do I do next when the 14 days is up? Should I send the LBA? They did call me in respond to my refund request and have verbally agreed to pay (with conditions).

 

Best regards,

Natz

[mechs]

I would write back saying you will accept it uncondionaly, reminding them that their time is up on friday

[natz]

Hi,

 

14 days almost up and I am still waiting for the documents from Halifax. When they called on the 06/09, I was told that they will only pay up after I sign a few documents and also they will be sending the document within the 14 days stated on the prelim letter. If by tomorrow still no sign of the document/letter then I will be sending them the LBA on Monday.

 

I will be using the LBA letter template from the library but no so sure if I should change the wordings as Halifax did call me on the 06/09 in respond to my letter and has verbally agreed to refund all my charges (after I sign the so call document/s which I am still waiting). I will also be sending it to HSBC as I still have not received any acknowledgement from them at all.

 

Any suggestion/s on the LBA will be greatly appreciated.

 

Best regards,

Natz

 

***************************

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxx SORT CODE: xxxxxx

 

I am very disappointed that you have failed to respond to my letter of the 01/09/2006.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken a total of £xxxx .

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 01/09/2006.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

Yours faithfully,

[natz]

14 days up but still no sign of neither the forms to sign nor the money. I am still unsure if I should send the LBA to them because they did verbally agreed to refund me.

 

I rephrased the LBA and mentioned the phone call. Could someone please tell me if this is okay. Just want to make sure that there are no mistakes. Many thanks in advance.

 

Best regards,

Natz

 

..........................

 

LETTER BEFORE ACTION

 

 

On September 7th 2006 I was delighted to receive a telephone call from your department informing me that you have agreed to refund the charges which you have been taking from my account for the past five years. The person I spoke to told me you would be sending me the relevant forms to sign and then the money would be transferred to my account. It is now over 14 days since you received (and confirmed receipt on 04/09/2006) of my first letter which was posted on 01/09/2006. I have not received any forms from yourselves or any correspondence whatsoever with regards to the funds you have agreed to reimburse me.

 

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken a total of £444.00 .

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 01/09/2006.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

Yours faithfully,