account balance disputed

[clairedcat]

Does anyone know if you can still dispute an account balance if a creditor has given their final response

 

and the FOS have sided with them ?

 

Basically couple of years ago I cancelled a cheque book and the bank cashed them making me few

 

hundred overdrawn. Went through whole complaint process etc but charges kept being added. The bank

 

(Halifax) admitted they made a mistake paying the cheques but said they would not refund charges etc

 

as the cheques were guaranteed. The FOS agreed with the bank. I had every intention of appealing this

 

decision but my partner had a mental breakdown and to be honest I had more important things to worry

 

about at the time, so I just didnt get round to it. Since then Ive had usual in house monkey threats and

 

low life DCA letters but I just kept writing to them to say I disputed the debt. They seem to be passing

 

this around each other. Following advice on here has kept me from having a breakdown, but I know im

 

in the right with this (starting to lose faith a bit now).

 

I dont have a problem standing up in court and disputing this as I have loads of evidence in my favour,

 

now moorcroft have the debt. Do I keep doing what im doing, writing to the DCA's and saying I

 

dispute the debt, until they take me to court, or do you guys think I should do something different ?

 

Like I said starting to lose faith in standing up to them a bit now.

 

Any suggestions, reassurance or warnings would be greatly appreciated .

[Tingy]

You say Halifax admitted they made a mistake. Do you have this in writing? If so, could you post up what they said please. Also, please could you let us know exactly which Halifax account you had and when it was opened so we can look up the terms and conditions.

 

Thanks!

[clairedcat]

Hi tingy, Thanks for replying.

tried scanning the two letters ''I believe'' the halifax admitted they cancelled the cheque book, having problems as its the first time ive used it.

Will quote sections word for word from letters to see what you think.

 

1st letter :- ''My understanding of your complaint is you called in (month & year), asking for some cheques to be cancelled on your bank account. You were advised

 

by the consultant that these had being cancelled. However on the (dates) cheques issued for (amounts) had been debited from your account.

 

Your account facility allows for the payment of cheques up to £100 to be guaranteed, providing you have entered your card details on the reverse of the cheque.

 

Having investigated this matter further. I can confirm that cheque numbers (various entered) were paid as they were guaranteed.

 

I wrote back and said words to the effect that '' yes I understood, but the whole book had been cancelled and was told verbally that these cheques would not be paid on two occasions and that four of the ''guaranteed cheques'' had been returned (which a charge was made) but the rest had been paid.

I then received a second letter which was their final decision.

 

2nd letter;- Our system contains notes that on (date) you called and requested to cancel cheque numbers ++ to ++, your instructions were carried out. However your facility allows for the payment of cheques guaranteed for up to £100.I have enclosed copies of the cheques which show you have entered your card details on the reverse so therefore we would not have been able to stop the cheques from being carried out.

 

i rang them and again they said it was their final decision and i'd have to write to the fos.

The terms and conditions say they will pay guaranteed cheques. But they also stated in the letter my instuctions had been carried out.

The fos basically stated terms and conditions too. I tried to argue that the halifax had stated that ''my instructions had been carried out'' but this made no difference.

 

Hope this helps. Like I said '' i believe'' they have admitted making a mistake when they said ''my instuctions were carried out''. My bank statements clearly prove they weren't. The fos were sent proof of all this to no avail.

 

by the way it was a student account.

 

do you think I can stick to my guns disputing this with DCA's until it goes to court ?

 

Thanks again

[twofoot]

I believe a guaranteed cheque is exactly what it says. It sounds to me that the cheques they refused were not guaranteed. If that's the case I feel you are not on solid ground. If however they were all guaranteed it is certainly a mistake on their part.

[clairedcat]

All the cheques were guaranteed even the returned ones. That isnt the issue (well it is ) Im not happy that they said one thing and did another, I accept the terms

 

and conditions are correct in hindsight, but at the time I was told both verbally and in writing that my instructions had been carried out, which in part they had as they

 

returned four guaranteed cheques, in between cashing other cancelled ones. At the time it was a big mess, I dont even think the halifax knew what was going on, let

 

alone their terms and conditions.

 

As it stands now, the only way it can be sorted is if it goes to court. Im not sure if its been sold as ive written to every DCA its been to, saying I believe its in dispute

 

and asking if they own the debt. Then never hear anything until I get a letter from a different DCA. I know terms and conditions are the rules, but I feel the customers

 

have to tow the line but not the banks, then the banks ignore or hide behind them if they make a mistake.