Important info for reclaimers

[aardvark the lecturer]

oft recently held inquiries into defult fees on credit cards,mortgage arrears fees and missed payment fees were not part of the inquiry,and the oft have not ruled these to be unlawfull (Hang on a minute, since when have the OFT been responsible for RULING anything unlawful??? Surely that was the responsibility of a court last time I looked), therfore they will not refund the charges,as these fees are in line with the (unlawful) terms and conditions of the mortgage,it is importantant to that each action they take will in itself incur,labour,administration,and technology costs.and with regard to providing supporting evidenceof admin costs involved, it is not their policy to divulge this information to individual customers to that level of detail,as it is comercially sensitive information (let's see that one hold water in front of a judge when you are trying to justify the £30 a pop penalties), they have also said that they will not alter my credit file. (What info is it you disagree with? If it's a default then that's a whole debate in itself, but either way, unless it is actually wrong, if you are still in contract with them then there is little else you can do but appeal to their better nat..... oh hang on, that won't work at all since they don't have one. And also your threatening to take them to court as well...........to be fair, it's unlikely they're about to go out of their way if they don't have to)

can you please advise me , as all this does not make any sense to me. i sent the letter that is in this library, and they have written back to me with gooble dee goog lol (it's best if you can type out their reply into a post if it is not a standard letter, so any helpers can see their full argument in context), is there anything else i can do to get these charges back, or is that the end of it???????, was i right in asking for the charges to be paid back, or was i just a fool thinking i could,

kind regards

adela

 

It's likely that this is just another attempt to baffle, bewilder and scare-off the uninformed, remember, the premise of your argument is sound.

I'd advise that in communication you try to remove the emotion and personal circumstances surrounding the unpaid months and reasons for charges, as Halifax don't care. It just serves to increase your emotions and makes it easier for them to pull your strings, and it isn't the reason why they're going to have to refund your charges anyway.

 

Thats because they're unlawful!!!!!! (alledgedly)

 

Stick at it, but read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read, read....

 

the FAQ's, and other guidance about the process. It's fairly easy to adopt the docs and arguments to fit in with mortgage arrears as the same argument and laws apply.

 

If you need help, then post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post, post.....

 

and there's always some-one there to help.

 

Good luck,

[magsfirst]

Are Halifax now defending every single claim served to them in the courts? because that seems to be the case, where before they would refund the money shortly after the commencement of a moneyclaim, they are now fighting the claims?

 

If you are at the stage of issuing a moneyclaim or already have issued one, please discuss halifax's strategy towards your claim here in this thread so that we can all have a broad view of their responses and keep abreast of their modi operandi

 

Thanks guys

Marquez

 

hi I have just opened my mail and there is a letter from the halifax which reads As a gesture of goodwill I offered to refund six months worth of charges which you do not wish to accept I confirm that we will not refund all the charges you have incurred on your account over the past six years/since opening your account

If you remain unhappy you can refer your concerns to the Financial Ombudsman Service as outlined in our previous letter

I'd like to remind you,if you wish to refer the matter to the Ombudsman then you must do so whiin six months of the date of the previous letter.

 

yours sincerly Lindsay Barnes Redress Assessor Core Business Team Customer Relations.

 

so I'm of to court to file my claim on monday as this is the second gesture of goodwill I'm claiming £2099.51 and they offered me £162.00 first offer seconed offer £484.00 I'm a bit on edge now never been to court before. but what else can I do,I've come come this far.

[MARTIN3030]

Dont worry......this is standard and you will not be going to court over your Halifax charges.......they will pay up before any case is heard,just like they always do.

[Lizzie R]

Firstly, my sympathies on what must be an awful situation.

 

The guys and girls here are right.. it's an attempt to baffle you. Pretty low trick given that you have at least tried to reason with them and explain your situation (reason... with Halifax?! Those don't belong in the same sentence!). However, the fact your ex hadn't paid the mortgage as promised and the unlawful charges applied to your account are two seperate issues. You have every right to claim back your unlawful charges, so don't be brow-beaten; stick to your guns and follow the advice on here to the letter.

 

I would also start your own thread on the forum, that way we can keep track of how you are doing and find your posts more easily.

 

Stick to your guns and don't let them scare you; you're within your rights, they aren't. Good luck and keep us posted. xx

[Marquez]

Yes and it seems like they are trying allsorts of tactics to confuse and put people off pursuing their claims, i would say don't worry, stick to what others have done and carry it through

[MARTIN3030]

Yes ditto

 

Dont move away from the set procedures.......they have worked for everyone else and are still working

 

You WILL get the charges back.

[thefenz]

Halifax have settled with me after receiving the prior to the date they have to file a defence.

 

Mine was for unlawful mortgage discharge fees so not sure if that made a difference. I added a a figure of £25 towards disbursements (to cover postage, phone calls etc.) and they paid that as well. No harm if everyone added that to their claim. At worst, Halifax (or any other organisation) will argue and try and remove that.

 

Good luck!

 

 

the fenz

[kennyh]

"3. breach of condition - the innocent party to the breach (here the bank) has the right to terminate the contract. This is generally what happens when you are defaulted. However, the party who is in breach can not insist the contract is ended."

 

If the dispute involves 'unlawful' charges then the party who is in breach is also an innocent party - Yes??

[ralphbell]

Hello everyone

 

I have just finished university read the forums. I have a few questions

 

1-Halifax charged me £ 5 pounds and sent me 6 years worth of bank statments is this right.

 

2- DO they send you a list of bank charges or do you have to work it out yourself????

 

3- What is the next step????

 

 

Thanks

[silverfox16]

Elena:

I have processed claim online for the bank charges of over £1,000 to Natwest. When the deadline passed for them to respond I have filed Judgement by Default. Next day I have received a letter from the bank's solicitors defending the bank anad refusing to pay the charges. They asked me to acknowledge the receipt of the letter and also asked for further info and clarification. What should I do next?

[silverfox16]

I have processed claim online for the bank charges of over £1,000 to NatWest. When the deadline passed for them to respond I have filed Judgement by Default. Next day I have received a letter from the bank's solicitors defending the bank anad refusing to pay the charges. They asked me to acknowledge the receipt of the letter and also asked for further info and clarification. What should I do next?

[hagenuk]

Visit the Nat West forum here

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/

 

And ask your question again, this is for Halifax Bank.

[Josamolly]

Ralphbell

 

This is normal. I was charged £10 so your a fiver up already!! Unfortunately you have to work it out yourself, but do so quickly so you can get to the next stage. Stick to your guns and timelines. they will drag their feet all the way and make you wait....

 

I sent my second leeter after the statements, waited and got a reply saying basically 'tough'. Sent the next letter and got an offer of £588. Claiming £1478...

 

Just sent the last letter today threatening court action, given them 14 days and then i'm off to court..

 

Keep the faith

[barry swift]

i am posting my first letter today to the halifax to try and reclaim £3634 over a period of three years i will keep you all updated on how i am doing but i promise you all if i have a case then i will be taking it all the way to court unless they offer a healthy amount;)

[zzharia]

Hi All

 

Good luck Barry, im a newbie and I will posting my first letter to the Halifax just as soon as I get my new bank account sorted.

[debt_mountain]

if i have a case then i will be taking it all the way to court unless they offer a healthy amount;)

 

If they have charged you, you have a case and settle for nothing less than the full amount, don't be threatened by them in any way. Post any concerns or nasty letters here and someone will help you through to the next stage.

 

You will get YOUR money back.

[barry swift]

thank you for your words of encouragement i have sent me letter of 4 days ago as of yet no reply but i have gave them 14 days

[griffiths5]

hi,

I posted yesterday for help! I have had defence papers from the halifax, I now have to send £100 fee and return the questionnaire, They have paid part of the claim, £1200 in all but still owe £340 which seems to be the 8% interest. Their calculation of the amounts do not match mine, but the final figure does for some reason. I am not sure what will happen and if I will get the fee back. I would hope they will pull out before the court date. If I have to I will go to court and will ask them explain and give a break down of the charges.

[angeliteavalonn]

hya new to this so just sussing out the situation.

Just a few preliminary questions, I hope someone can help. I have been with the Halifax for 28years and I know I have had considerable charges over that time as I have had some financial difficulties, can I claim that far back?

Also i have a credit card with them which is now with a debt recovery department incurring no interest, can thery get difficult about this if I claim and demand the full amout?

Also I was thining of changing my bank account anyway so should I change first and can i still claim if I have closed the account?

Thanks for your help.

[zootscoot]

Hi Angeliteavalonn,

 

Generally people only go back 6 yrs as this is generally all you can get statements on although a few have managed to go back further. Its a good idea to open another account just in case they close your account or you might want to close it in any event. You may have some difficulty opening a mainstream account if your credit card debt is with a recovery department so have a look at this thread for basic accounts on offer.

 

http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html

 

Regarding your credit card debt you can claim charges but there is a chance any payout will go towards reducing the debt.

 

Hope this helps

 

Best of Luck

 

Zoot

[Terri1rose]

Hi everyone.. ..i have taken Halifax to court now. They didnt even reply to the courts letter so the courts posted me a copy of the letter they have sent to the bank. They have statd that they have to pay me all the charges, interest and court costs and they have till the end of this month to reply back to the courts so i havent a clue whats going on there with the bank..just hope i get my money.. ..good luck to every one here with your claims..

[sapphire001]

I filed the claim with MoneyClaim on the 17th Oct and it was acknowledged by Halifax on 20th. received the notification that they plan to defend it all on Tues 24th. Not had my money back yet but fingers crossed it comes through soon

[Dretney]

Hi

 

Please can someone tell me what charges I can claim for if I don't know what they were originally for?...I have received my statements from the Halifax dating back 6 years (without charge or problem other than the long delay!!) and they simply state 'Charges as notified' - with no further clarification as to what they were for...undeterred I progressed to the spreadsheets having decided to claim for all of them only to find they require a breakdown as to what the charges were incurred for...so when I came to complete the spread sheet I don't know what to class the charges as in the breakdown?!? How do I find out?- or do I not need to know? and can just progress my claim anyway?

 

Also can I claim from the banks for late payments on credit cards where I have been a couple of days late and they have slapped a £25 charge on me - or is that legitimate as those are the terms of my borrowing (as Mint informed me?!?).

 

Thanks

[hagenuk]

Hi Dretney

 

You can only work with what you have, if the only information you have is "charges as notified" then use that on the spreadsheet.

 

Yes you can claim for late payments on credit cards, Mint have not been entirely honest with you.

 

Finally, please start your own thread with your questions.

[maybelline]

I have found that individuals are making different choices on this as to be expected. I have chosen to accept as 'part payment only' the six years and have gone on to pursue to remainder over six years through the courts. however, my argument is slightly different because I believe the six years begins from the first cause of action, i.e. I wrote to them specifically questioning the charging regime however on the whole, it is part of the continuing argument that actually the limitations act is being cited incorrectly as the debt is continually being acknowledged in as much as we are in constant contact with the banks by paying the charges and being in contact means it is not stature barred. sorry that might not be the best explanation but see jonni2bads thread and others. good luck.