chipsandsausages v halifax

[chipsandsausages]

Hi Guys.

 

There was a letter in your library until recently, which seemed to quote the law and used past examples of litigation when you write to your bank asking for your money back.

 

I can't find it now. I sent my preliminary letter requesting repayment, which stated ...." I will write to you again, giving you a further 14 days to reflect....." Am I right in thinking that this 2nd letter is, more or less, worded the same - pointing out that their charges are unlawful etc. and that they have 14 days to give a 'positive' response?

 

Just checking really, as I didn't want to send the same letter twice.

 

Thanks for all your help. You guys are great - I will definitely nominate y'all for some kind of award - perhaps a little MBE....?

 

xx

[jonni2bad]

That seems correct - i.e. that there is only one letter to send.

 

If you have your statements, then go to - "Letter - Preliminary approach for repayment."

 

otherwise you would need to request via DPA - "Data Protection Act Request -- Letter - List of charges"

 

Once you have the standard response from the bank, you use the - "Letter before action"

[chipsandsausages]

I got my statements about 10 days ago, after going through them I wrote telling them "the charges that have been levied are unlawful etc... please refund all monies within 14 days. If not, I will write again giving you a further 14 days to reflect before court action blah blah......"

 

It was just that the prelim letter and the LBA were both worded very similarly.

 

I remember reading another letter that isn't in the library any more, it tells of 2 previous claims that have been successful and also quotes the fact that the charges are brought by estimating the number of customers who will exceed their OD limits etc, and is there to cover the banks costs re: loan defaulters etc. Do you know the one I mean?

 

Just thought that might be better to use as my LBA.

 

Thanks for any help you can offer!!! x

[jonni2bad]

I would just stick with the LBA currently in the library - if there was another then it will have been removed/ amalgamated with good reason, probably to avoid this confusion....

 

You only need to point out that they have 14 days or court action will follow.

 

To quote BankFodder... "This letter warns your bank that they owe you money and that you will be suing them unless they pay.

[chipsandsausages]

Thanks. They have till next tuesday to reply, then I'll send LBA.

 

I guess we're all still sceptical that this is okay to do, how have they got away with this for so long????

 

x

[jonni2bad]

I can only speak personally on that one - and it's because I didn't know the law!!

 

You tend to expect that when a bank tells you it can do something, then it can. Until now.....

[chipsandsausages]

I guess. My mum said she heard an advertisement for the Bank Action Group on radio this week, advising people to write to their banks.

 

Maybe this could be the start of a new era of fair banking!!!!

[chipsandsausages]

Just to let you know how I am progressing.

 

March 27th prelim letter req repayment sent for 1471.25.

March 30th - letter rec'd advising they paid 14.99 debit card which caused me to exceed OD by £6 for 2 days. Further £30 please.

 

April 6th 2 letters received. One said, we have paid the amount below even though it meant you exceeded your OD limit. We will have another £30 thankyou. The other said 'Sorry you are not happy with the service we provide - we will get back to you. Meanwhile, here's a leaflet.' Followed by a computer generated signature.

 

???

[Bookworm]

Running true to form then.

[chipsandsausages]

Well, my child benefit was paid in today, plus another £60 I managed to scrape together, which will all go into the Halifax's pot - as my total charges up to now for April will be £157. My letter before action is printed and ready to post today. I have also told them that charges I am expecting over the next couple of weeks will be included in my claim. Am I okay to do that if they haven't actually taken the money yet, but have written to say they will take it in seven days time?

[Bookworm]

I had the same problem, in that I knew an additional charge would be taken later in the month. I mentioned it in my letter, but when I issued claim, I had to go with what was the actual amount taken at that point.

 

I just see it that when I get the 1st lot back, if they contact me 1st to offer settlement, I will ask that they include the latest charges, or I will immediately start a 2nd round of letters, and hopefully, this time, they'll relaise I mean business and settle before it goes to Moneyclaim. Either way, they will pay me every penny. With interest, if that's the way they want to do it.

 

Why aren't you diverting your CB into a different bank account? That will stop them getting their grubby paws on it before you do, and any charges they heap on your account, well, they can always add to your overdraft, and you reclaim later. Meanwhile, you might use the CB for what it's actually meant to be.

[chipsandsausages]

Thanks Bookworm, never actually thought of that. Although I need every penny I can get at the moment to go into the halifax a/c to avoid exceeding my overdraft.... it's like a vicious circle.

 

I would divert my CB, but that combined with my wages, pays for my bills and if I diverted it now, it would mean diverting all my direct debits too. I want to try to do all this together so I will take your advice on board and start the ball rolling as soon as I get a full day to myself to sort it all out. (PROMISE!)

 

I visited my bank today to hand in my LBA. I am actually excited about the whole thing. Not scared of going to court at all in fact. Bring it on! So they have till April 25th to respond. Will let you know how I get on. Thing is, with opening another account elsewhere - aren't all banks the same???? Is there such a thing as a bank that actually takes care of your money? or would that be asking too much...?!

 

 

Actually worked out in my head - that it's been costing me a little over £60 a month to have my account with the halifax - for the last 2 years - when most of my charges were racked up!

x

[chipsandsausages]

Well, I got a letter today (I only handed my LBA into my branch 2 days ago!!) - it said that they had tried to contact me but I was not available to take the call. I will ask them when this was, because there have been NO calls made - all calls received are checked!:o

 

They have offered (as a goodwill gesture) £380 if I accept as full and final settlement. Of course, the amount is not negotiable and I will be advising them in due course.

 

How much "goodwill" can a bank afford to spread amongst it's customers??

 

Date for moneyclaim remains April 25th.

[chipsandsausages]

BY THE WAY, SHOULD HAVE WROTE TO THEM, "I'M NOT PLAYING 'DEAL OR NO DEAL' "

Sorry, I thought that was quite funny.

[chipsandsausages]

Well guys, it's 3 days before I am due to go to moneyclaim - and guess what?

 

"I am sorry to learn that you are unhappy with our initial offer to refund £380 worth of charges......in an attempt to reach an amicable solution to your complaint, I am prepared to increase my offer to £777...."

 

How do they come to that amount?

 

777?

 

Well - I guess it's the courts for me. A little scared it may come back on me, but hey - I am prepared to go the full journey.

 

Let's gerrem!

x

[Dowie]

Good luck, Chipsandsausages... I'll be filing with moneyclaim too on the 26th.

[chipsandsausages]

Let's have a race, see who gets their money first! (lol!!)

 

Have you got your own thread? Just so I could follow your progress.

[Dowie]

Let's have a race, see who gets their money first! (lol!!)

 

Have you got your own thread? Just so I could follow your progress.

 

Ok! You're on!

 

Yeah I have a thread just down the page... I need an answer tho, and no one is helping! ARGH!

[chipsandsausages]

Well, it took blood, sweat and tears but it's done now.

 

Have been to moneyclaim and put my case forward. I hope it is the right thing. Keep thinking about what it would be like sitting at the table with the guy from the Halifax and all his legal papers - and me with my pink and blue ring binders....

 

Hope it doesn't get that far anyway. But if it does I shall be well prepared. (Thanks to everyone on this site).

 

 

The girls I work with can't believe I have gone through with it! Some of them have asked for the website address so that they too can have the chance to reclaim what is theirs.

 

I wrote to the Halifax today to tell them I would accept the £777 but would continue to claim the rest through the courts.

 

They bounced my council tax again today (twice in one month) so they have now charged me £78 for not paying my council tax in April. (?) This means I don't have the money to pay it because my charges for April have exceeded £200. I have said in my letter to them that they have caused me financial hardship - I am a mother of 2 children who need to be clothed and fed - in the hope that they will cancel the charges about to be brought next week. Failure to do this would result in me issuing another claim on them - and more court costs.

 

I'll let you know if I hear anything.

 

x

[Dowie]

Hey C&S

 

Good for you for sticking by your guns!

 

I wish you all the best, and hope you get the reply you want very soon, which, I'm sure you will.

 

Haven't done mine yet, skint at the minute... but I'll definitley be doing it this week.

 

Again, good luck... and let me know how you get on.

 

All the best

 

KC.

[chipsandsausages]

Well the courts have sent my confirmation letter - I am to "deem it as 'served'" on May 1st which give HFX till May 15th to 'acknowledge'. This buys them another 28 days to put a defence in.

 

Should be paid out by June 12th at the latest me thinks.

 

If it goes to court, hey - what the hell. I'm ready for it.

 

I'll just wait for HFX to write and inform me that they fully intend to defend in court..... tee hee....

[sean frampton]

Hi chipsandsausages

 

My claim is running at exactly the same time, deemed to be served on 1st May and 15th May to reply, so i shall keep an eye on your thread.

 

With regard to the 28 days, as i read it, it is only from the date of service which would be 1st may.

I think it only means the 14 days to reply is so they dont default but not to give them another 28 days,28 days is the total.

 

I hope this is correct, in which case we will know what the outcome will be by 29th May.

 

Best of luck to you.

[brecken]

you wont have to wait much longer, my claim went in 12th april.served on the 18th aknowleged on 20th, paid in full yesterday 28th, watch for the posstie.

[chipsandsausages]

you wont have to wait much longer, my claim went in 12th april.served on the 18th aknowleged on 20th, paid in full yesterday 28th, watch for the posstie.

 

How excited am I right now?

 

Thanks for both of your posts - Brecken, yours really made me smile. So hopefully, I will be able to pay my Council tax in June!!!

 

My parachute is open and ready to collect my salary at the end of May - all Direct Debits accounted for.

 

thanks x

[kaysamoly]

I'm watching your thread with interest my claim went in on the 28th waiting for it to be served on halifax. So we should hopefully be getting our money at about the same time. Good Luck.