Bathgatebuyer v Halifax

[bathgatebuyer]

Well, I'm going after this bunch I've been with since 1994. I opened an account while I was a student in September 2004. I seem to remember at that time it was a mere £2.50 for going overdrawn or writing a rubbery cheque (an essential part of student life), whereas it's now something ridiculous I don't want to think about!

 

So, sent of my DPA letter with cheque and ID yesterday via Recorded Delivery and now I sit and wait.

 

I do have a real grumble with the Halifax as they were fine until they merged with BoS (I'm sure BoS custoemrs say the opposite!), but they have previously served their 'You will get a default unless.......' letter. One of which was issued despite me sending in a cheque to them with an account number written on it was returned with their letter 'could you tell us which account this relates to' then two days later sending the default letter!!!!

 

So, from then on it has been recorded delivery letters all the way. Taking no nonsense from them. This one will almost definitely run into thousands, so I'm perfectly happy to take this all the way. Fortunately I have a mailing address in England - courtesy of my Uncle - and can go through Moneyclaim rather than the Scottish Courts.

 

Either way, I want my rightful dues back after the past 6 years of sleepless night, etc, caused largely by their excessive charges.

 

Up the revolution!

[Innocenti]

When I was looking back at my statements it used to be £28 for a bounced DD, how can it rise by £11 to £39? I have handed my letter in to the bank and I cant wait for the battle to start.

[bathgatebuyer]

Certainly sounds about right going by the charges I have to face. Think they've got to be one of the highest, and unlike so many other banks and institutions, they have failed to amend their charges to a more reasonable level.

 

Another grump about them coming up - one month on contract working, my employers forgot to sign and send my form for payment, so I missed all 13 direct debits. Thinking this was going to happen, my local branch said 'tough, can't do anything about it', then suddenly changed their minds when they noticed my savings account which had tens of thousands in it while waiting to go into my new mortgage account. Suddenly they couldn't be nicer.

 

Make no mistake, charges are designed solely to shaft the poor guy at the bottom of the tree who has maybe done nothing more than fall on hard times, become ill, divorced, changed job, etc, etc. We stop becoming customers at that point, but an opportunity.

 

Thanks to this website for realising that we don't have to be just money making oppporunities with them anymore and that they will have to start to listen to us.

[Innocenti]

I know what you mean! I was working full time, and I had a full account, overdraft, cheque book etc. When I dropped my hours to part time after coming back from maternity leave I started getting charges as I wasnt earning as much. Well after that they downgraded my account to a basic one. I still get cheque books but no card and I still have my overdraft facility but no other perks!

 

I have been working full time for the past 3 years now and I have my wages and Tax Credits and Child Benefit all paid into my account and they still wont give me a full account. Everytime I go to the cashiers I get hassled by them to make an appointment to get my account upgraded. Even when I say to them "You wont give me one I keep trying" they still want me to have an appointment. But it is wasting my time as they wont give me one. Grrrrrr

[bathgatebuyer]

Grrrrrrrrrr. Two phone calls in two days from these people. "You're over your overdraft limit" - yes and the account is in dispute. The person yesterday said they were putting the account on hold. "Well they didn't - so can you pay". Eventually they said they would put it on hold for a week which is apparently all they can do. Told her fine, any other charges, etc, etc inflicted would merely add to the amount they have to pay me when it gets to court along with the interest. And the sad thing is, I mean it. For once, speaking to the Bank, I actually felt empowered.

 

I reckon they owe me thousands. And interest.

 

They don't frighten me anymore.

[bathgatebuyer]

More pestering calls from the Halifax asking me to resolve my overdraft issues and not willing to put matters on hold while our dispute is resolved.

 

Oh well, looks like another letter of complaint going to them.

[Innocenti]

Dont let them get you down, that is what you want. My deadline for the first letter has expired and yesterday I got a reply from them. They are offering me £450 as full and final settlement. Works out to be 1/5 of what I am claiming. No thanks! They also said that they would close my account if it wasnt being run in a fit state (something along those lines). You mean you are going to close my account because you keep charging me and bouncing my DD's and you are making a fortune out of me, yeah, right!

[bathgatebuyer]

Another threatening letter from the Halifax and another 2 phone calls yesterday, and one more today

 

Despite the fact that the account is in dispute, and that I have phoned them before, and that I have responded to their calls, and that I have faxed a response to their letters, and that I have written to them on several occasions......................................they persist in making daft phone calls while I ahve previousy advised that their account is in dispute.

 

It is beyond predictable and has now just become boring.

 

I did advise the caller today that the course of action as becoming harassment because of the extent of the contact. I couldn't quite remember the name of the legislation to quote, but hey, I think I got my point across, "I WILL be pursuing legal action you for your charging regime over the past 6 years (I'm using the English court), and I believe that you owe me between 4 and 5 thousand pounds. So continued calls about £60 beyond my overdraft is a joke while I'm still awaiting a reponse to my recorded delivery letter of early Sept".

 

At present the account has been put on hold, and hopefully that will stop the calls in the meantime. But I am fed up of these direct diallers phoning me up and annoying me and everyone else at work.

 

When I defeat those Evil forces of Darkness at Trinity Road and get all that lovely wonga back, I will be treating myself to a fancy phone that plays a tacky muzak version of 'Sexbomb' or 'Who let the dogs out' while I leave Banks and other organisations on the end wonder when the hell a human will answer.

 

Press 1 for more tacky advertising jingles

Press 2 for some more options and more patronising jingles.

Press 3 for another menu with a long silence and no other options to get out of the present call loop hell

Press 4 to speak to a patronsing person.

 

Repeat, "I will not allow these people to bug me anymore...........I will not allow these people to bug me anymore......................"

[bathgatebuyer]

Oooooooh, my mantra may have worked! Today came an offer for just over £1000 but no statements Anyhow, it transpires that there's over £3000 worth of charges on the account since 2003 (Apparently I was a good girl before that - ties in with the time of my redundancy), so I think I'll wait to see the list of charges coming through (should be Monday or Tuesday) and then decide where to take this from here.

 

"I will not let these people bug me anymore.................."

[sir_john_a_lot]

Hmm its funny i actually worked in the post room and in the claims center at trinity road as a summer job until a few weeks ago and i must say there are a lot of incompetent, lazy, underpaid contract workers there. At the moment im trying to get back £67 in charges but im not hopefull that my complaint will be processed quicly, yet alone reach its destination.

[bathgatebuyer]

And another phone call at Sunday lunchtime from the Halifax!!!! "You're beyond your overdraft limit can you make a payment today?", that less than 24 hours after another part of the Halifax offered me over £1000 to settle.

 

DO THEY NEVER BLOODY LISTEN?! How many times do you have to write, fax, phone, etc....................

 

"Could you phone Customer Services and ask them to give Collections a call about this?" No. I have a dispute with the Halifax - not the Customer Services Team, but the Halifax as a whole. You blinking well phone them.

 

Complaint being sent today. It will result in sod all but it will make me at least relay the strength of my feeling to them.

 

"I will not let these people bug me any bloody more"

[Innocenti]

Is changing your phone number an option. I never give banks or anybody my phone number and if I have to give it on forms I make it up!

[crocodiles]

Hi Bathgate Buyer,

 

I am about to pursue the Halifax for £4600.

I intend to go use the 'Summarry Cause' court for three claims of just under £1500 and a 4th through the small claims court.

Can I submit all 4 claims simultaneously, or must I submit each claim one at a time?

I have my preliminary request letters ready and I'm about to deliver them by hand at my branch.

 

Your advice would be greatly appreciated.

[bathgatebuyer]

No way!!! I'm not changing my 11 yr old phone number because one department of the Halifax doesn't speak to the other. If anything, they've just made me even more determined to take them to court for the full extent of the charges.

 

I have, however, registered a complaint with the Telephone Preference Service today about the number of calls they have made which rings once or twice before hanging up, and am shortly to prepare a complaint to HBoS themselves.

 

They are making me angry, and definitely taking them all the way now.

[bathgatebuyer]

Hi - not sure how to deal with it! I've yet to decide whether to use the English or Scottish Courts system. Moneyclaim seems a good system, and I do have an address in England I can use, however, the convenience of using Edinburgh Sheriff Court is not something to be sniffed at, so I may be following the same course as you in pursuing this via our own legal system.

 

It will be good training for me as I'm now in 2nd year of a Law degree so consider it valuable experience. Something I pointed out the the Halifax when they phoned.

[crocodiles]

You won't be short of thesis material then!

[bathgatebuyer]

I have now sent my last 14 days "gie's ma' money back or ah'll see you in court" letter on 11th October - they received it on 12th October 06 (the joys of Track and Trace!), so let's just wait and see what happens next!

 

If I get nothing back by a week tomorrow it's Moneyclaim for me How exciting, my first MCOL!!!

[bathgatebuyer]

And a wee response from their Customer Services Team today telling me that they have made an offer to sell and will not make any further offers. They also suggest I complain to the Financial Ombudsman But given that it will cost them money, I just might!

 

If they think a 'that's our final offer' will suffice, then they are diddies. In one week, I lodge my claim. Let's see if that changes their mind.

[crocodiles]

Go get em!!

I hope you nail them.

It is very satisfying to visit this website and see that joe public is not as impotent as the financial institutions woul like us to be.

This backlash is way overdue.

Once I have settled my claims - there will be many - I will take control of my finances by paying bills either by cash or standing order.

I used to do this but allowed myself to be bullied by banks into using Direct Debit. They then withdraw money from your account(s) at a time of their choosing, not when you buget for it.

It is definitely time to take control.

This just relinquishes control to them.

[blossom2509]

Hello I'm new, but about to take Halifax on with at least £4,850 charges over the last three years, since my partner lost his income. I was fairly good until Sept 03 oh well, am just writing my first letter. Let you know how I get on.

[bathgatebuyer]

Recieved a response to my complaint about the persistant phone calls, part of which says:

 

"I would advise that the Halifax does comply with OFTEL guidelines when contacting customers for payment of arrears. OFTEL and Halifax believe that it is acceptable to call customers at 8 am any day of the week including Saturday and Sunday".

 

That's good of them. What about the 10 or so calls each day which ring 2 or 3 times then cut off because they use automated diallers?

 

Ach, that's annoyed me. It's off to raise this with my MP I go!

[Guest bluecloud]

Hi there again.

 

Have you had a look at the following post, it's quite an eye-opener.

 

http://www.consumeractiongroup.co.uk/forum/general/14977-reporting-harassment.html?highlight=harrassment+telephone#post115034

 

 

.

[blossom2509]

Hi Again,

Well spent a very happy six hours going back over six years worth of bank statements and logging them on to check interest amounts. Wot fun. I have now got everything together and will post off today my first letter. Will let you know responses as and when. It is interesting to note that things only really got bad when BOS and the computer took over and carried on working all through the weekend. I used to go down to pay in cash/cheques in the machine outside only to find it was out of order. It's even worse now they (the Halifax) say that if I use my card on the internet, the floor limit of the company I am buying from may be £50 before they check with the Halifax for clearance. This has resulted in a lot of my charges over the last year. I think this is also an unethical way of making huge amounts of money out of unsuspecting people. If you click to pay for something on the internet, and it is allowed, this may not mean you have the money available. They are allowing it and will finally claim it from the bank by which time you may go over your limit and incur more charges. The Halifax says it is not their fault! They give these companies the limits don't they.

[bathgatebuyer]

Think I'll definitely be sending off a copy of the OFT harassment complaint form! Ah.............looks like such a busy weekend!

[bathgatebuyer]

Righto - preparing my N1 form.

 

Can anyone help me with my 'Brief Details of Claim'?? What should I put in that section? Ok for the Particulars of Claim section, but a bit unsure for the first part.

 

Ta' in advance!