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    • Yes, I understand that but I thought, given that's a strong point, they might decide to discontinue and it might not go any further. Not that I'm bothered about going to court, it's just that I don't get anything out of it if I do. I propose a new rule. If the defendant wins, the claimant should have to award the defendant the sum of costs they were seeking. Which in my case is £140 thank you very much. Then it would be worthwhile and they might think twice about pursuing through the courts, lol!    😃
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    • yeah the outstanding balance is correct as I was already in a payment plan with hmrc up till about a year ago when they suddenly stopped taking payments from my bank so me being naive I just left it assuming they would get back in contact to resume payments but instead I got this letter.. I am just glad it won’t show on my credit file as I have only just got it to excellent   
    • I've had a look on their site to see if there is a way to download photos, but haven't found anything. The best thing is to send them a SAR on Monday.  Invest in a 2nd class stamp and get a free Certificate of Posting from the post office. That way they will have to produce the original invoice, a windscreen ticket if it exists, photos, etc.  
    • So today I’ve recieved a letter from J&P after a long time this time with forms attached to respond back about how much I can repay etc and that if I do not respond within 30 days court proceedings will apply   I had wrote to NBD bank to inform them of my new address and to resolve this matter last month, but I haven’t had any confirmation or heard back from them. Should I write to them again?
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    • We have finally managed to obtain the transcript of this case.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Keithowedalot v Halifax CC ***SETTLED IN FULL***


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Hello,

 

I'm new here.

 

I've incurred numerous charges over the years, first with the Co-op and up until last year with Halifax.

 

I've settled the balance and closed the credit card, but can I still ask for the money back, do the same rules apply with credit cards as to current accounts?

 

I've prepared letters to Halifax Bank and Credit cards to go Recorded on friday when I complete on a purchase of my first property. I've no intention to chase the Co-op as I settled at 50% of the total debt with them which I think was fair and a clear sign they couldn't chase the charges they had added.

 

Thanks in advance

Keith

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Hi

 

Welcome to the forum, the more people we have on board the more strength we have to fight these unlawful charges.

 

To answer your question - yes the same rules apply for credit cards.

 

All the best with your claim. Please keep us informed of your progress, and remember that we are all in this together. If you meet any problems, or have questions that are not answered elsewhere (and most have been), please post them to the forum.

 

 

 

 

 

 

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Welcome.

 

If I understand you right, you are going after both Halifax and Halifax c/c? If that's the case, can you please start a 2nd separate thread for the other, with distinct titles (H bank, H c/c for example)? It will just make things so much easier to follow for both you and the people reading your story.

 

Thanks in advance.

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  • 3 weeks later...

First post edited :)

 

I finally got the letter off last week, things got hectic with moving house.

 

I sent the libary DPA letter to both Halifax and also the Credit card Office, I'll add a thread when I get a response regarding my current account.

 

Credit card response reads

 

I confirm that copies of duplicate statements have been requested and will be sent to you under seperate cover to arrive no later than ** May 2006

 

With regards to your request for information relating to manual intervention on your account, HBOS plc is under no statutory obligation to record this information and there, I am unable to assist you further with your request.

 

Heres a few leaflets, re your credit score blah blah blah

 

So off we go on a journey :)

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  • 4 weeks later...

They finally arrived yesterday, kindly the internal letter was still inside the envelope showing that they'd been sent from one department to the other on 25/4/06, nice of them to send them out so quickly!

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  • 2 weeks later...

Eek! Halifax just called me at work and made an offer to settle, I refused.

 

She then upped the offer to £320 of £800.

 

I felt my nerve going so told her to put it in writing for me to consider, I'll then accept as a partial offer and plod on with the claim.

 

God it made me nervous being on the phone! :-o

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You must accept any offer they make as long as it is not in full and final settlement or has conditions applied.If it does have conditions then you accept the offer making it clear you reject the conditions and that you will be continuing with your claim for the outstanding amount.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Thanks, I have changed the start of my LBA to

 

Thank you, for your letter of 1st June 2006. I am pleased to accept your offer as PARTIAL PAYMENT of the balance of my request for repayment, I do not recognise this as full and final settlement of my complaint.

I was tempted to respond to their point about valid charges standing in future, by asking for a leaflet explaining "valid charges" :razz:

 

Halifax appear to have merged my three accounts card/current & credit into one matter, their settlement letter states "regarding bank charges made on any of my Halifax accounts"

 

Does this mean I can simply send one LBA and then is it one moneyclaim action?

 

Finally, they sent copy bank statements as requested by my DPA letter, the statements show "charges as notified" is this enough to carry on with, or do i need to ask them for more information?

Thanks for all your help :)

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With my 14 days ending today, I took the chance that the bank had decided not to send full settlement terms and sent my LBA by recorded delivery.

 

Thanks for all your help guys, and have confidence new people, its not as scary as it feels at first :)

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  • 2 weeks later...

Well no refund appeared so I filed the MC forms at lunch today.

 

At around 4pm Halifax called to discuss my complaint :rolleyes: And made a final offer :rolleyes: £300 less than they owed me :rolleyes:

 

I pointed out the deadline was yesterday and unfortunately for Halifax I had already filed a Claim for Charges + Interest + Costs :grin:

 

The lovely gentleman offered no further comments :)

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14 days from date of service to Acknowledge - then a further 14 days to submit a defence.

 

However, I think you'll see the Acknowledgement and several days later a settlement.

 

Best of luck

..

.

 

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...

Keep an eye on your account - I've a feeling you'll receive payment very soon, and usually before they bother to write to you...

..

.

 

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...

Well, with 3 days left, two payments appear in my account, however, they add up to a 1/3 of the claim and I can't match them in anyway to the various accounts I've claimed on.

 

Appears someone decided to pay £400 in to my account at random, that was nice of them :rolleyes:

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Expect a letter from them in the next couple of days (that is, if it is them).

..

.

 

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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This is very unusual. They normally don't let it go this far. And saying they are sending a cheque when they have the facility to pay into your account and have already paid some money into it. It sounds to me that someone has messed up. I think this is one occasion when a phone call may be useful to ask for an explanation as to what is going on. Was the letter saying they were paying by cheque from a customer services person?

17/5/06 - Halifax -preliminary letter sent

31/5/06 - Halifax - LBA sent

15/6/06 - claim filed

6/7/06 - SETTLED IN FULL £3,306 + £859.95 interest

13/7/06 - Abbey Credit Card - Data Protection Act letter

10/8/06 - Abbey CC Rec £150 gwj £192 oust.

13/8/06 - Abbey CC - prelim letter sent

28/8/06 - Abbey CC - LBA

18/9/06 - Abbey CC - Settled in full - £200 paid

 

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Hi Keith

 

I have had a similar thing to you - I was promised a cheque about a week before the deadline, and it never appeared, so I put a judgement through. Soon after I got a letter from Rachel Hinchliffe (legal dept) asking that I write to the court and confirm that Halifax had settled the claim on the date I the cheque was promised.

 

When I phoned her and explained that I had not recieved the cheque in the time limit specified, nor since, that the matter was not settled and the judgment stood, she didn't seem too surprised. She has now arranged to get a cheque sent out to me by the end of the week. I am not sure if this will appear!

 

Basically I would give them a call and try to clarify what is happening with regards to the money. Decide upon a deadline by which you feel it is reasonable that you should have received it and agree on the method which is most appropriate - cheque or deposit. Inform them that you will be issuing a warrant of execution if the money is not recieved by that date, and that this course of action will incur further costs to them. Follow up this conversation with a letter confirming what you have discussed.

 

If you need to issue a warrant you can call the moneyclaim helpline for assistance or info on this number is:0845 601 5935, but it looks straightforward...

 

And just stick to whjat you say you'll do!

HTH

lelole

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Excellent advice lelole

 

.

..

.

 

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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Thanks for the advice, i'll call them tomorrow, I've been away for a long weekend and expected to have the money in my account on return.

 

I'm going to ask for BACS payment as I feel I've waited long enough now.

 

Wish me luck!

Keith

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