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    • I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.
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    • Thanks for your reply...much appreciated. Last payment date was December 2018. She had been paying £50/month from July, and they wanted £150/month, despite my partner losing her PIP (which was eventually reinstated after appeal). She stopped paying anything after they failed to supply a true copy of the original CCA (which she took out in 1981). Her name and address were different in 1981 due to marriage (and subsequent divorce!). Again, no mention of that in the “reconstituted” agreement which they supplied. Once again, many thanks and we both appreciate you putting time in to helping with this, especially due to the increased financial pressures of Covid on many people who also need your help.
    • never get a cca for a debt of that age when was the last payment date?   dx  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Help - Harassed By The Halifax!


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

Kendraflo:confused:

 

Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

First Direct - S.A.R 21/9/06 - for husband's old account

Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

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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.

Kendraflo:confused:

 

Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

First Direct - S.A.R 21/9/06 - for husband's old account

Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

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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.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

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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

NatWest Credit Card - All charges refunded (£350.41) after first request sent :D

HSBC - 1st Approach Letter sent (£62.41) 12/09/2006. LBA sent recorded delivery 26/09/2006.

6/10/2006 - We believe that if this went to court etc we would win letter, but we are refunding you the charges made, we accept no liability - LOL I think by refundng me you accept that you are wrong!! I win :D

Capital One - 1st Approach Letter sent (£40) 20/09/2006. 29/09/2006 Full refund offered, letter dated 25/09/2006.

Barclaycard - £235 charges - Pending Action. WON!!

Halifax - Prepairing letters for £125 in charges on closed account. WON!!

Natwest Creditcard again

£12 late payment charge 13/11/2006 - LBA sent 17/11/2006. WON!!

Fight the power, you owe the banks nothing and they owe you everything!!

Now it's 3-0 to me :D

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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,

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

Kendraflo:confused:

 

Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

First Direct - S.A.R 21/9/06 - for husband's old account

Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

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Good luck :-)

NatWest Credit Card - All charges refunded (£350.41) after first request sent :D

HSBC - 1st Approach Letter sent (£62.41) 12/09/2006. LBA sent recorded delivery 26/09/2006.

6/10/2006 - We believe that if this went to court etc we would win letter, but we are refunding you the charges made, we accept no liability - LOL I think by refundng me you accept that you are wrong!! I win :D

Capital One - 1st Approach Letter sent (£40) 20/09/2006. 29/09/2006 Full refund offered, letter dated 25/09/2006.

Barclaycard - £235 charges - Pending Action. WON!!

Halifax - Prepairing letters for £125 in charges on closed account. WON!!

Natwest Creditcard again

£12 late payment charge 13/11/2006 - LBA sent 17/11/2006. WON!!

Fight the power, you owe the banks nothing and they owe you everything!!

Now it's 3-0 to me :D

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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!!

Kendraflo:confused:

 

Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

First Direct - S.A.R 21/9/06 - for husband's old account

Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

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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

First Data Protection Act Letter sent 1 August 2006

OD facility removed - 4 August

Odd 0870***** phone calls start to arrive - 10 today - 16 Aug

Phone calls ceased - 20 August

Acknowledgement of Data Protection Act request received - 22 August

Reminder sent re: Data Protection Act 3rd September

Statements received - 20th September

Calculated penalty charges to date - £2K

5 months of Missing Statements requested - 25th September

Claim letter sent for £2K - 4th November 06

Reply with a four week timescale received - 15th November 06

 

If I've managed to help anyone through the site, click on the scales and let me know... I need all the help I can get! xx

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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

Kendraflo:confused:

 

Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

First Direct - S.A.R 21/9/06 - for husband's old account

Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

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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.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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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.

Kendraflo:confused:

 

Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

First Direct - S.A.R 21/9/06 - for husband's old account

Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

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

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 2 weeks later...

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!!

Kendraflo:confused:

 

Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

First Direct - S.A.R 21/9/06 - for husband's old account

Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

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I bet you didn't record the call?

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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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:confused:

 

Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

First Direct - S.A.R 21/9/06 - for husband's old account

Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

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

Kendraflo:confused:

 

Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

First Direct - S.A.R 21/9/06 - for husband's old account

Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

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The title of this thread made me laugh! :D

 

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

Capital One PPI Claim - Clicky!

24/10/11 - Message sent to request PPI refund

25/11/11 - Letter received with offer of £158.04 (Works out at 2 years worth. Account held 7 years)

30/12/11 - Letter received to say sig does not match records after requesting SAR

30/01/12 - SAR received (after letter sent and phonecall to prove sig)

11/02/12 - PPI Demand letter sent

10/04/12 - Letter received with same offer as 25th Nov 2011

 

Dispute with car dealership - Clicky!

Successful

 

Halifax - £1110.00 :eek: (Closed Account) WON!!

28/11/06 - Pre-Lim with Schedule of Charges sent!

02/12/06 - Aknowledgment received (30th Nov)

11/12/06 - Phone call with offer

13/12/06 - Letter received confirming offer - Phoned up and asked to increase to £1000, offer accepted!

13/12/06 - WON!! £1000

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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:

Kendraflo:confused:

 

Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

First Direct - S.A.R 21/9/06 - for husband's old account

Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

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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..

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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.

Good Luck with Your Claim

 

Angi x

 

 

:) If I have been of any help, please click the Scales of 'Justice' in the botton left corner. ;) Thanks

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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

Kendraflo:confused:

 

Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

First Direct - S.A.R 21/9/06 - for husband's old account

Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

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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 :)

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