Important info for reclaimers

[foxi]

Hi all,

My first time to the site. I sent off my first registered letters to Abbey, Halifax & Smile. Had a replies from Smile and Halifax but nothing from Abbey to acknowledge my request for DPA. Shall I sit tight with Abbey or chase them on whether they have received my first letter or give them their 40days to produce my data then act??

 

foxi

[cameragirl]

Hi all!

Help me out here folks!

After an offer from TBOS/Halifax for £301.00 "in full and final settlement" i've yet to be given what i asked for in my initial letter, statements for the past 6 years. That request has been totally ignored.

As tempting as it is to take the money and run, i realise that there is a much higher amount at stake here.

All the charges from my account were taken despite me being on benifit and despite me asking them not to take 2, sometimes 3 charges each of £39 from benifit of £260 A MONTH!!!!

you can see where it spiralled out of control.

What is my next move people and who has a copy of the formal letters?

thanks

A very worried and broke, Blue x:-(

[Didge]

Cameragirl,

Don't know if this is what you're looking for:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

You might want to hybridise it with this one:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

[WILKINSS208]

hi

i have issued my online claim on tuesday and i am awaiting their reply. i cant wait to hear what they say, im scared tho

[foxi]

Hi all,

My first time to the site. I sent off my first registered letters to Abbey, Halifax & Smile. Had a replies from Smile and Halifax but nothing from Abbey to acknowledge my request for Data Protection Act. Shall I sit tight with Abbey or chase them on whether they have received my first letter or give them their 40days to produce my data then act??

 

foxi

 

Thanks Didge for the info i'll check it out.

 

foxi

[faye davies]

Hi,

 

Not sure if I am in the right forum, but could someone advise me?

 

Have just had a telephone call from the Halifax offering me £560.00 against the £2024.00 I am claiming. This was in reply to the first letter I have sent, but they state the OFT ruling only applies to credit cards and not bank accounts. Do I carry on regardless?

 

Many thanks

Faye

[Armsoft]

Hi,

 

Not sure if I am in the right forum, but could someone advise me?

 

Have just had a telephone call from the Halifax offering me £560.00 against the £2024.00 I am claiming. This was in reply to the first letter I have sent, but they state the OFT ruling only applies to credit cards and not bank accounts. Do I carry on regardless?

 

Many thanks

Faye

 

Carry onto LBA stage for full amount, give them 14 days to respond and then file online at MCOL.

You will get all your money back (including your court fee)

 

Good Luck

[natwesttookmymoney]

Totally agree with Armsoft.

While the OFT statement/investigation was about credit cards, they said the same principle can be assumed to apply to bank charges, also.

Too bl**dy right. The Law - penaties-v-losses; charges in excess of costs; unfair contract terms, etc - applies across the board, whether you're dealing with banks, credit card companies, furniture stores, mafia loan sharks (let's see the first claim against those lot!), car dealers - anyone.

The offer is an attempt to stop your claim. Ignore it unless they put it in writing, in which case accept it as an interim settlement, while you proceed with the rest of your claim. They'll either withdraw the offer or settle in full. Or up it, which is most likely, but not to the full amount.

This is just another mud patch on the road of life, grasshopper!

Best

Westy

[badfrog]

Hi all,

 

I've sent my letter and have been contacted by customer services offering me a Gesture of goodwill of a third of what i'm owed, i told them i need to to think, should i accept and proceed or turn it down and proceed??

 

Thanks

 

Mark

[Armsoft]

Hi all,

 

I've sent my letter and have been contacted by customer services offering me a Gesture of goodwill of a third of what i'm owed, i told them i need to to think, should i accept and proceed or turn it down and proceed??

 

Thanks

 

Mark

 

Use the Template Letter to accept the GOGW payment which advises that you are going to persue them for the rest through the Court if needed.

They will proberbly then withdraw the offer.

Go through the process of LBA and then file in court, then you will get all your money.

.

.

[Guest Mumofthreeboys]

Hi all,

 

I've sent my letter and have been contacted by customer services offering me a Gesture of goodwill of a third of what i'm owed, i told them i need to to think, should i accept and proceed or turn it down and proceed??

 

Thanks

 

Mark

 

That is a decision only you can make. I know what I would do. I'd send them this

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

[natwesttookmymoney]

Absolutely right. Keep going - so long as you're only claiming back what's owed, you will win.

[badfrog]

Nice one, will send that letter off.

 

Thanks for the help

 

Mark

[west]

I am claiming from Halifax for a second time I sent my prelim letter and have received the letter below shall I give up or shall I carry on with it, will they still pay up? My last claim was in September but before that claim was completed I was charged again so the charges I want to claim back now are from back then, I havn't used the account since my last claim as I opened a parachute account just incase they closed this one, so the fact they say about transfering my account to another organisation isn't a problem as I plan to close my Halifax account anyway.

This is the reply I got from my prelim letter:

 

Thank you for you recent letter.

 

I would advise that as we have already refunded charges on this account in September I am not prepared to refund any further charges.

 

I regret that our service does not meet your expectations. Considering the comment you have made, I can see no value in continuing an assotiation, which gives you repeated cause for complaint. In the circumstances you may wish to transfer your account to another organisation, who I hope will be able to meet your requirements.

[Skint44]

hi - can anyone with experience of more than one claim against halifax (specifically card cash accounts) please let me know - have your accounts been closed, or have they at any point been threatened with closure?

Thanks

 

 

I have a claim in against Halifax for 2 accounts, both card cash, one in my name and one in mine and my ex husbands name, they are both at N1 stage, they have until 19th Jan to respond. I haven't heard anything from them re the summonses yet but at the Prelim and LBA stages I had the standard responses - not paying etc but they didn't threaten to close the accounts. Just have to wait and see what happens re the N1s. Have you had threaten of closure?

[WILKINSS208]

I have a claim in against Halifax for 2 accounts, both card cash, one in my name and one in mine and my ex husbands name, they are both at N1 stage, they have until 19th Jan to respond. I haven't heard anything from them re the summonses yet but at the Prelim and LBA stages I had the standard responses - not paying etc but they didn't threaten to close the accounts. Just have to wait and see what happens re the N1s. Have you had threaten of closure?

 

Yes all standard letters threaten to close account, but never do. Im at court stage as claiming back to 1990 for charges on account. They have paid me part payment up to 2000-2006 but I am claiming back to 1990 through court........using limitation act section 32 here we come!

[Armsoft]

I have a claim in against Halifax for 2 accounts, both card cash, one in my name and one in mine and my ex husbands name, they are both at N1 stage, they have until 19th Jan to respond. I haven't heard anything from them re the summonses yet but at the Prelim and LBA stages I had the standard responses - not paying etc but they didn't threaten to close the accounts. Just have to wait and see what happens re the N1s. Have you had threaten of closure?

 

I had a successful claim go through the MCOL stage, with Halifax agreeing to pay out in full before we got to AQ stage.

After the settlement I started a 2nd claim, and got to LBA stage, when they agreed to settle:o

In most letters I received there was a suggestion from Halifax that as they were obviously not able to provide me with the service I require I might wish to consider taking my account elsewhere, but no direct threat of closing my account (action which I think they would find difficult to justify under the current circumstances).

They`ve paid out now on my 2nd claim, and my account is still open:D

[JG65]

I am claiming £900 from Halifax credit cards. I sent them a letter before action on 29/12/06. Their first refusal letter arrived on the 27/12/06, dated 19/12/2006.

 

How much longer should I wait for their response?

[Armsoft]

I am claiming £900 from Halifax credit cards. I sent them a letter before action on 29/12/06. Their first refusal letter arrived on the 27/12/06, dated 19/12/2006.

 

How much longer should I wait for their response?

 

JG65,

If you have followed the process so far, and have sent the LBA after the `polite` letter asking for your money back (and allowed 14 days from the polite letter before sending the LBA), you need to allow 14 days (plus 1 day for delivery).

If they have not responded (or responded with a further refusal) after 15 days from sending the LBA (13th Jan), then file with MCOL.

 

Hope this is of help.

[sazza6]

Hi all

 

Just like to say hello as I'm a newbie here and to say thanks for such a great site! Really useful info and a helpful guide!

 

I sent off my very modest claim for just under £250 2 weeks ago (giving them 14 days to reply) and last week received a letter from Halifax acknowledging my 'complaint' and telling me their complaints department would review it and get back to me within 4 weeks.

 

Has anyone else had this kind of letter in response to their initial claim from Halifax and if so, what happened next?

 

Many thanks,

S

[natwesttookmymoney]

Hi, Sazza

 

Perfectly standard response, as you'll see if you glance up this thread a bit - and just about every other one on the site!

 

Do not let them set the timetable. YOu wrote to them 2 weeks ago - it's now time for the LBA, giving them 2 weeks to reply. If they don't reply within two weeks, take 'em to court.

 

Their 'give us four weeks to investigate' letter has a two-fold purpose: to find out if you know what you're doing and to see how far they can string you along.

 

Don't be strung along. Stick to your timetable. And don't be caught out by ignorance - read the FAQs and as many successful claims as your brain can stand!

 

Best wishes

 

Westy

[sazza6]

Thanks so much for that!!! Will do

[Layla_ck]

Hi!

Does anyone know what court address I send off my statement with interest after filing with MCOL?

Thanks

[natwesttookmymoney]

I didn't file MCOL but my understanding is that the Northampton bulk court will tell you if it's tansferred to another court, and where.

 

Westy

[natwesttookmymoney]

Ooops - misunderstood. I think you send it - and your PoCs - to the defendant. Look at the website address again to see if there's a snail-mail address to file to. Others will know better than I.

 

W