Bathgatebuyer v Halifax

[bearo]

Brief bit just simply put that claimant is claiming for a return of all bank charges and penalties applied to claimants account by the defendant.

 

Particulars ...what exactly are you stuck on?

[Guest bluecloud]

Hi again

 

I put the following in mine (I left the value section blank).

 

The Claimant has an account ("the Account") with the Defendant.

 

During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

It was just an edited version of the first two points in the "Particulars".

 

It worked for me, I won today.

 

 

 

 

 

 

PS. Oops sorry Shaz, by the time I'd checked what was in my N1, you'd already posted.

 

 

 

.

[Innocenti]

I am off to court today to file mine.

[bathgatebuyer]

Mine went yesterday in the post via Recorded Delivery. Oddly, the same day the Ha-Ha-lifax served a Default Notice on me, even though the account was in dispute. Guess I'll have to work to have that removed too.

 

Oh, also phoned me 3 times in 20 mins yesterday when I got in from work. Goodness knows how often they'd phoned during the day. So, sent another anti-harassment letter.

[bathgatebuyer]

Form N1 was submitted about 10 days ago, and I've been told that both of my Banks - Halifax and Nationwide - will be receiving the papers by the end of the week. Only they can avoid court now.

 

MMmmmmmmmmyaaaahahahahahahahahah

 

(Er, that was meant to sound like a big scary witch-like laugh).

[crocodiles]

scared me BB! (NOT)

[bathgatebuyer]

More harrassing calls from the Collections Dept despite the account being dispute. I wouldn't mind if they held their hands up and said, "Ok, we'll see what happens in Court", but they continue to pester, harrass and threaten.

 

Sooooooooooooooooooooooo, a wee complaint was sent to the Halifax and their response appeared to consist of 2 words, the second of which was 'off'. So, wee complaint went in to to the Financial Ombudsman about their breach by serving default and sending to credit refrence agencies despite this account being in dispute.

 

We'll see how that goes. Meanwhile, no sign of a refund. Bampots.

[bathgatebuyer]

Even more harrassing calls from them and they've served a default on the account. That despite it being in dispute since September and having been passed into the hands of the legal system. Phoned them up and got a fairly stroppy bint who refused to even listen to me, "But you're overdrawn so we've served a dispute". I know. And the account is in dispute so you should not have done that as it is a breach of the Banking Code. "We can do what we like" then proceeded to ramble on about 'when will you be making a payment..................oh we know about your legal action........................but you still need to make a payment or debt collectors will be instructed' and when I asked her if she would shut up for a minute so i could speak, I was told I was a very rude 'customer' (CUSTOMER - they remember shucks!) and that the call was being temrinated there and then.

 

Obviously I think she's been watching too many Arnold Schwarzenegger movies, "Dis' call is be-ing terminated". Aye scary boots.

 

I was sufficiently annoyed to phone back again, get one of her colleagues and advise that I wanted my last phone call with the bank to be used for training purposes as I thought it was one of worst examples of CUSTOMER service ever received. He said that the notes from the call said I had refused to make a payment and that on the 28th Nov they would instruct a DCA.

 

Oh well, looks like they'll do whatever the hell they like - regardless of whatever the law is - and I'll just have to go through the court process with them again this time for removal of a default. What a bloody farce. Instead, I've written a complaint to them, and also advised that a complaint is on it's way to the relevent authority.

 

Wouldn't it be great if banks understood the concept of 'joined up thinking'.

[bathgatebuyer]

And more calls from the Hellifax on a Sunday at 9.30!!! What a crock of sh*t. My temper has gone and I'm about to phone them up and give them a piece of my mind.

 

I wouldn't veen bloomin' well mind but on more than one occasion where I've got something more than a click before the thing hangs up and actually spoken to a person, they've taken my details and then it cuts out. The phone still shows that the line is still connected, but they seem to disappear from the line.

 

I live in hope that this is the spontaneious combustion of their system, or that they have at last got the message and a warning light goes on their screen "DON'T TALK TO THIS WOMAN JUST GIVE HER THE £3.7k WE OWE HER" and authomatically disconnects.

 

ARGH!!!! I wish I'd never ever heard of this bunch of sharks in my puff.

[bathgatebuyer]

Right, the Halifax have missed the deadline set by the Court for stating whether they intend to defend or not. It was only by a day, but I take it I can no complete the form they initially sent me and get my cash?

[MARTIN3030]

There will have been a deadline on that.

Its possible the court will allow another day or so for defence.They may want to sort you out quickly now as you are disputing the default(and quite rightly )

You now need to send out to them an s10 notice asap.

This is in the banks temp library and stops them further processing your data adversely.

You should also think about filing an n1 to address the default with an order.The court will only consider this if you have served the s10.

Carry on with the other complaints to the FSA and banking code.Make sure that you dispute the default in writing and send recorded.All will need to be shown later.

If you need to sign any settlement notices for discontinuence of the claim,make it clear that you intend to launch further actions for default issues.

[bathgatebuyer]

Cheers for that Martin. I also note that they have stated to two credit reference agencies that they have stated that my account is 2 months in arrears with my overdraft with an 'arrangement' in place for payment. Absolutely not! So, will also be contacting them about passing such info to CRAs while the account is in dispute. Bankers!

[bathgatebuyer]

AAAAAAAAAARRRRRRRRRRGGGGGGGGGGHHHHHHHHHHHHH

 

Another cheeky bloody call tonight from the Hellifax from quite possibly the rudest man ever. "Your account is overdrawn - so can you pay tonight". No in the hands of the legal system. "Why?" Unlawful charges. "Who said they were unlawful?" The OFT. "I'm not asking them, I'm asking you. Why they unlawful". Bla-de-bla unlawful, April 06, etc.............."Those only apply to credit cards not current accounts, this is your current account and nothing is unlawful about anything on your current account, so are you gonna pay?" No. "We'll have to get the debt collectors onto you then".

 

Jobbies. That's made me quite angry actually. If it's not enough that I've asked all communication to be with me in writing, the level of calls from that bloody 0870 number have increased dramatically lately. Thank goodness CAG have given me sufficient knowledge to stand up to these cheeky beggars when they phone up otherwise I would probably not feel able to stand up for myself.

 

They really do try and grind you down.

 

 

 

 

 

 

 

 

[bathgatebuyer]

HA HA HA HA HA HA HA!!!!!!!!!!!!!!!!!!!!! A letter from the Helllifax today saying they will pay me what I've asked for!!! All £3.7K of it! Woo hoo!!!

 

And in reference to my post the other day about sleekit wee jobby call centre Collections man, ha! Stick that in yer cheeky wee 'Who said they were unlawful' pipe and smoke it

[sallysas]

I was starting to get worried!!! Congratulations and have a lovely Christmas. It really is mindboggling the amount of stick you have had from them. Your comments above are spot on

[hillards]

- so when they call at 8am and ask for payment ?

 

I read somewhere that the collections lot don't have access to all the account details so may not be aware of what the true status of an account is. They seem oblivious to the term 'dispute', I've had them call several times since I started action, and they've finally stopped after sending in the anti-harrasment letter.

 

I'm just hoping I get another call, from the guy who hassles about 'who said they are unlawful' - would be quite happy to string him along a while, ask him to hold while I get the relevant documentation, then go out for a couple of hours...

 

Anyway, well done on your win - I hope mines not far behind...

[bathgatebuyer]

I'm sure it will happen soon enough!!! What seems to differ from case to case is the timing of when money comes through in relation to the timings of correspondence or lack of it from the Court. I got my letter confirming that they will pay me, and within a few hours the money was there.

 

My first purchase? A new bed from which I hopefully won't be woken by call centres in India asking me daft questions at 8 am on a Sunday morning about my arrears (oh, that MBNA in fact, and those cards were all closed after being reclaimed in September!).

 

I love CAG.

[hillards]

I shouldn't go on about calls at 8am, they did it to me, again, this morning - serves me right for joking about it?

 

Hey, enjoy the new bed - will be nice to get some peacful sleep after all this!

[blossom2509]

Well, I've now gone through the legal process and they haven't replied to the Court Papers, so I've sent the form back to get judgement entered immediately, no point in hanging about. If I get no response, say two days time, I'll ring Halifax and see if they are going to sort it. If not I'll get a Warrant issued and ask the Bailiffs to visit my Local Branch. That should cause a stir! We'll see what happens next.

[crocodiles]

Hi BB,

 

Sorry to have missed your good news.

 

CONGRATULATIONS!!!!!

 

I would have posted earlier but Halif**ks payed me in full as well.

this triggered off an intense & frenzied spell of xmas shopping, settling bills & shamelessly indulging in a weekend booze up in Paris.

 

Well done indeed.

So who's next then??

 

Regarding payment timings, I got no response from Hfx at all after submitting my claim. I contacted their legal services dept, asking what they were doing and they at first denied any knowledge of my claim.

I replied to them with a copy of my claim number & details and they paid out immediately.

I contacted them via e-mail.

 

It might be worth prodding them in a different rib, so to speak.

Contact details are as follows.

Rachel Hinchliffe,

Legal services (retail division),

 

e-mail

[email protected]

[blossom2509]

Hello, well what can I say.

I sent first letter, response was 1/3rd of claim in full and final settlement. £2,003. Polite letter back to them saying no thanks to offer want all the money - give you one more chance and seven days. Nice letter back saying No sorry not going to pay up. in fact no money at all. So wrote back again letter giving deven days notice before I'll put claim into court. Another letter saying no. Filed claim in court went in person as it was easier. Fourteen days no response. Nothing. Rang court on fifteenth day, no response, sent in judgement form plus interest added. Next day had letter from court saying Halifax were going to defend it and had another fourteen daysto file defense. This was Friday.Thought bother no money for Christmas! On the Monday checked my account and original claim amount was in there. All of it. Nearly had heart attack. Have now sent another letter to reclaim charges back while it was all going on.

Claim £6,100.

Interest £718.

Total Claimed back £6,818. Just don't loose heart.

I'm going after the Nat West now for my partner.

[SEANVERBRUGGE]

Hi there,

 

Im in the same boat as yourself 14 days ago i sent halifax the first letter telling them they would have to refund me £1050.00 and today was the day that i recieved a letter from them as good will gesture they will give £682. what do i do next??

 

I hope you get your money back

 

Thanks

[hillards]

Hi there,

 

Im in the same boat as yourself 14 days ago i sent halifax the first letter telling them they would have to refund me £1050.00 and today was the day that i recieved a letter from them as good will gesture they will give £682. what do i do next??

 

I hope you get your money back

 

Thanks

 

Always best to ask these questions in your own thread, so others can keep track of your own case. If you ask in someone else's thread then the question will get 'lost' when a thread gets moved because the case has been won etc.

 

Try asking again in http://www.consumeractiongroup.co.uk/forum/halifax-bank/51211-verbrugge-halifax.html ?

 

I'd also suggest lots of reading through other threads in the http://www.consumeractiongroup.co.uk/forum/halifax-bank/ area, and the http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html