Help - Harassed By The Halifax!

[kendraflo]

SAR sent 9/9/06 - not received anything as yet

[kendraflo]

I sent off SAR on 11th September to the Halifax for my husband. He has been charegd month after month for years by this bank. The cheque was cashed on Monday 18th September. He doesn't use the account any more, but has an overdraft of £1,000.00, mainly accrued through charges. After receiving the SAR they sent him a letter stating he was £79.00 over his agreed limited - how this can be we don't know as he hasn't used the account for months. He is now receiving up to 6 calls a day, both at work and at home - (they have his mobile number) chasing him for payment. He has just received another call at 6.00p.m this evening stating that if he does't pay the £79.00 owed they will close the account and he will have to pay the full balance within 28 days. Can they do this? He has told them he is waiting on his statements but they just so dismissive. Help - what should we do. My husband is sick of them ringing, but won't back down and pay the £79.00. I feel we should just pay it - we can't afford to pay £1,000.00 within 28 days.

[thewifeandI]

Firstly, write and tell them that all future communications MUST be in writing otherwise you will take action against them for harrassment. There's a good letter available (read that thread for more info) that you can adapt to suit. Also write separately that the balance of the account is in dispute due to the unlawful excessive bank charges, and that they are to take no further action until the dispute is resolved.

[Skell18]

What they are doing is harrasment, they did it to me a few years ago, there is a thread about it on these forums, ask them to address all correspondence regarding the matter to you in writing, if they say no then they are in breech of something (i cant remember what) but it is in the thread on phone harrasment. Ask a mod as they will know or can point you to the thread im on about.

 

When the kept calling me I got angry and shouted at them using alot of colourful language, I wouldn't suggest this approach as they got me on a bad day :-P

[Michael Browne]

Look here:

http://www.consumeractiongroup.co.uk/forum/general/14977-reporting-harassment.html?highlight=nuisance+phone+calls

 

This letter usually stops or at least drastically reduces the number of calls.

 

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

 

I am writing to express my serious concerns regarding both the quantity and frequency of telephone calls that I have received from your company.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I am now formally requesting that all further correspondence be made in writing only.

 

I demand that these phone calls stop immediately. I am now familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe your harassment places you in breach of these acts.

 

If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading.

 

You will be deemed to have been served notice of my request no later than 2 working days after postage and I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence. (Even if you don‘t yet have recording equipment!!)

 

Yours faithfully,

 

This letter either forestalls a default or at least strenthens your case for gatting it removed if they ignore it:

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

Re: Account in dispute

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Your sincerely,

[kendraflo]

Thanks everyone for your advice. Will definately send the letter as suggested and wait and see what happens!

[Skell18]

Good luck

[kendraflo]

Husband has received a letter from the Halifax this morning, stating his overdraft facility has been withdrawn and he has to return his card and cheque book to them. He has to contact them to arrange repayment of the overdraft. This was in reply to a letter we sent to them regarding the harassment we suffered - they were calling him up to six times a day! Although we sent off the S.A.R - (Subject Access Request) dated 8th September, and they cashed the cheque last Monday, we have not received a letter or call or anything about this, only about the outstanding overdraft. Feel so angry with the Halifax at the moment. They are not listening!!

[Lizzie R]

Hi Kendra

 

They are listening... just trying to make things difficult for you; same happened to me but they did it without notice (as is the law) I paid off my overdraft and wrote and told them so. The phone calls and threats of account closure stopped and as my account was back in order they backed off. I know how you feel, it's scary stuff; but stick to your guns. It's your money.... get it back!!

 

You'll see by signature (in pink at the bottom) that I waited much more than 40 days for my statements - caused by them messing about. I was on the point of sending them a non-compliance letter, but sent a reminder instead mentioning that I would do so. The statements came a couple of days later... just another tactic in their arsenal of delaying and making it difficult.

 

Good luck, hang in there!

 

Lx

[kendraflo]

Hi Lizzie

 

Thanks for replying - at least the nasty telephone calls have stopped - just getting the threatening letters now!!

 

We will stick with it - as far as we are concerned, the overdraft is made up entirely of charges - husband was charged over £220.00 one month! Have sent them an e-mail today - just sent it to customer relations e-mail address - basically saying that we will send the card back and cheque books etc and that we are still waiting for our statements as requested - (he hasn't used this account for months now) - they have until 20th to send these - oh and by the way they cashed the cheque pretty quick as well - they are pretty handy getting money off you - just a pity they are not so fast to get the statements out to people!! Makes me so angry I could spit:-x

[thewifeandI]

Have you informed them that the balance is in dispute? They shouldn't be taking any form of action on the account once they've been notified of this.

[kendraflo]

Hello thewifeandI

 

I have sent off the letter to them re: harassment (by e-mail and registered post) and also sent an e-mail to them telling them the account is in dispute - basically that we feel the overdraft is made up entirely of unlawful charges and we are reserving the right to claim these back. Have only received an autoresponse so far stating that they will get back to us.

[jonni2bad]

Stick with it, the only thing they can do is try to put you off, there's nothing else in their locker!

[kendraflo]

Hi everyone - thought I would update - no statements as yet - Halifax have until mid week to get them to me - have phoned and been assured I should have them sometime this week - nice lady she was - was a bit surprised by that - she informed me that a Default Notice had been issued on 6th October - the overdraft was now due in full - all £960.00 of it - could not believe it - she gave me the number of customer relations to ring on Monday - told me to state that she had re-ordered the Statements and that the account was in dispute, she even said if the overdraft was made up entirely of charges accrued (it is) then the overdraft would be cleared and a cheque sent outfor the remainder! She said they could do this almost straightaway without the need of statements - they could see what charges had been accrued on the account. I told her I wanted to see the Statements first - don't trust the Halifax.

 

I have already told the Halifax the account is in dispute - I have the e-mails and letters to prove it - and in reply to those letters received one from Mark Slinger - Customer Care Officer dated 2nd October apologising for our complaint re: harassment and crediting the account with £140.00. One department doesn't know what the other is doing!!

[jonni2bad]

I bet you didn't record the call?

[kendraflo]

Hi everyone,

 

Statements have arrived at last!! They only had a matter of days left to comply!! Totted up total amount - £934.00 plus £164.36 - am claiming interest at 18.09% as that is what they have charged on the account. Going in the post tomorrow - received Default Notice on 8th October so added in the letter the bit about removal of that as well. Amount claimed will clear the overdraft and then some.

[kendraflo]

Received a letter this morning - usual Bogoff letter saying they are not going to refund any of the fees. LBA going off now.

[birdyboy]

The title of this thread made me laugh!

 

Little Britain - "Computaa says naoo" lmao:D :D

[kendraflo]

Hi, Just received second standard reply this morning to my LBA - basically they said that

 

"We are concerned we have found cause to complain and at the outset please accept my apologies for the incorrect information you have been given.

 

Please see below.

 

To summarise, you are requesting the refund of any default charges applied to your account in view of the recent ruling of the Office of Fair Trading. Our previous response advised that all UK banks had until 31st May 2006 to respond to the OFT with their comments.

 

Following publication of the PFT's report on industry-wide credit card charges, I can confirm that HBOS is reducing it's credit card default fees outlined in the OFT's statement, published in April. However, the group confirmed 2nd June 2006 that it will be reducing default fees across it's credit card product range to £12 with effect from 1st August and until that date all existing terms and conditions will apply. This change will not be applied retrospectively, so unfortunately no refund of charges id due to you.

 

At the moment the statement refers specifically to credit cards, but is likely to be expanded to other products in the near future.

 

I am sorry this letter does not provide you with the response you are seeking, however I trust this clarifies matters for you"

 

What Now??

 

This will be the third company so far I have has to issue a MCOL with - my husband is still receiving calls about the overdraft and has given up and agreed to pay £40.00 a week off this just to shut them up. Will they cave in if we take them to Court or are they at last going to start to defend these cases. Are they right? Do we not have a case? Is it just credit cards? If so, why have they paid up for others?

 

Any advice please:rolleyes:

[Josamolly]

take no notice whatsoever... yet another change of tack...keep on with the process and your timescales and you will be ok... they have changed the wording on quite a few of the letters recently but the facts are still the same... THEY have overcharged you and have YOUR money..

[Angi]

Hiya

It looks like you are having a bit of a rough time, but Im sure others have too.

Anyway try not to let the bank get to you to much, I know they can be a pain, but it will be worth it once you have your charges back.

What Now?? You Asked

You asked - This will be the third company so far I have has to issue a MCOL with This is normal.

My Reply - YES, some are lucky to win before court, but most do the court/mcol bit then win

You asked - my husband is still receiving calls about the overdraft

My Reply - Tell The bank you will only deal with them by letter dont talk to them over the phone, you can if you wish, do this, when they ring, turn up your tv or stick your hoover on & leave the phone connected near by for a while, they will get fed-up before you do.

You asked - Will they cave in if we take them to Court or are they at last going to start to defend these cases.

My Reply - They could pay up within 28 days of you issuing your claim with the court/mcol, you will get a letter saying they are going to defend (all very normal)

You asked - Is it just credit cards?

My Reply - what!!! NO NO NO, its for all types of bank accounts, list is to long to write, but its not just credit cards.

You asked - If so, why have they paid up for others?

My Reply - ermm coz the banks are in the wrong

Hope that answers you list of questions, if you have any more please let me know.

[kendraflo]

Thanks Angi, Thanks Brian - Am feeling a bit deflated at the moment with the process - I started out on a good rool - First direct & MBNA paid up straight away - have had terrible problems with the Halifax - they have been really obnoxious and a pain in the backside since I requested the statements. When I rang today I spoke to a man who was really off with me - I told him that I would take this further - he said "If the letter says you won't get your charges back then why are you ringing - you will not get another decision on the telephone - what a Prxxx!! Am going to proceed with the MONEYCLAIM - want to prove I can get my money off these jobsworths - should I wait until 14 days up from LBA or just file now - way I see it they have made their positon very clear - so why wait?

 

Also one other question - I claimed overdraft interest - when I issue my MCOL should I put thiss interest rate in that I have put in my schedule or 8% If I put 8% it is lower than the overdraft interest - it's not very clear what to do - do I change the interest rate on the particulars to the overdraft interest rate or can i caim a further 8% on top of what I have claimed already? pLease can someone clarify this. This is the first time I have claimed the interest on a claim.

 

Thanx

 

Kendra

[stuflo]

Received letter on 25th October - response to my LBA - they were quick to respond this time after taking so long to get the statements out - still sticking to their guns and saying they are not going to refund the charges - they see that the charges only refer to credit card charges - (how stupid when we know they have refunded other people their bank charges !!)

 

Just waiting until the 14 days are up - have already started my MCOL and will press the submit button once the 14 day dealine is up - countring down the days now