Halifax CC charges- **REFUNDED SATISFACTORILY**but left default

[citizenB]

If you type in "Letter before Action" or / and LBA, into the advanced search engine at the top of the screen you will find lots of examples.. however, I have posted a few links of examples and information in order for you to perhaps prepare your own.. below for you.

 

You should amend to suit your particular circumstances.

 

http://www.consumeractiongroup.co.uk/forum/content.php?554-Letter-Before-Action-LBA

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?350461-Letter-Before-Action&highlight=Letter+before+Action+LBA

 

You could of course simplify/amend your letter in post # 40 and resend that, but head it Letter before Action.

[GaryNI]

i have looked around and excuse me but i am unable to seek anything. I will go ahead and modify the letter i used in post #40 of this thread but i am unsure as to what to remove or add in, please help.

 

many Thanks

[citizenB]

I will have a read around. I do think Halifax are in the wrong for applying these £12 feees as at times i wasn't even in full time employment plus i had rent and other payments to make 1st. If i do go ahead with the 'letter before action' then were can i find one please ??

 

 

Responding to S.O.S.

 

You should think very carefully about taking court action against the Halifax - you might want to take the more long winded route via the Financial Ombudsman.

 

My understanding of the letter from the Halifax is that they are suggesting that your account has had default charges added from the opening of it and they will almost certainly portray you as a "serial defaulter" if they submit a defence.

 

However, if this is untrue and you had made them aware of your financial hiccup, and they still continued to add the charges then you might have some further ammunition to add to your claim.

 

 

Anyway.. with regards to your LBA..

 

All you are doing is letting Halifax know that you are not happy with their latest response and that you will now be issuing a claim in order to obtain your money.

 

Your intention is to issue a claim within 7/14 days without further contact with them.

 

So something along the following lines..

 

Dear Sir or Madam,

 

Reference numbers

 

Letter before Action

 

I am in receipt of your letter dated XXXX.

 

Your response is not satisfactory and this letter is simply a courtesy to advise that I will be issuing a claim through the county court within 7/14 days from the date of this letter.

 

Yours faithfully,

 

etc, etc.

[citizenB]

You might want to think about what you intend to say on your claim form (Particulars of Claim) in order to convince a judge that Halifax are wrong and that you are entitled to have those charges refunded !

 

BEFORE sending the LBA out.

[GaryNI]

My understanding of the letter from the Halifax is that they are suggesting that your account has had default charges added from the opening of it and they will almost certainly portray you as a "serial defaulter" if they submit a defence.

 

However, if this is untrue and you had made them aware of your financial hiccup, and they still continued to add the charges then you might have some further ammunition to add to your claim

 

This is what is confusing me, in the letter Halifax sent me yesterday they said ''Looking at our records, I can see you have defaulted on your account since it was opened ''

 

Well looking back at the statements from the day the acc was opened which was May 2008, the first late fee charge of £12 didnt happen till Sep 2008, in between those months i was keeping up to date with payments.

[ims21]

Also have a look here

 

http://www.consumerwiki.co.uk/index.php/FAQ

[GaryNI]

had a read at that link you suggested i read and tbh i am still lost, the whole thought of court seems scary to me. Still so unsure as to what to do now

[ims21]

The choice is yours.

 

You either pursue your claim or you don't.

 

Unfortunately no one can make that decision for you.

 

Maybe get involved in a lot of reading and research around CAG. Getting up to speed may help your decision as to how to proceed.

[GaryNI]

What about my reply in post #55

 

That is confusing also tbh

[ims21]

Just looks like they are saying that there have been defaults on the account from an early stage. Doesn't make their charges lawful.

[GaryNI]

Thanks, just found it weird that it would say since the account was opened. Ill have a read around on the forums at other examples and then make my mind up.

 

Is is a good idea to contact Halifax directly and try sort this out before i possiblysend a ''letter before action'' proposal ??

[ims21]

You can try but they will almost certainly come back with a "No Refund" letter.

[GaryNI]

Ok, thanks again for your help. I will have a read around at other examples and then decide.

 

Ill let you know by friday what my next steps are

[citizenB]

This is what is confusing me, in the letter Halifax sent me yesterday they said ''Looking at our records, I can see you have defaulted on your account since it was opened ''

 

Well looking back at the statements from the day the acc was opened which was May 2008, the first late fee charge of £12 didnt happen till Sep 2008, in between those months i was keeping up to date with payments.

 

 

6 months.. I would reckon that they could legitimately claim that it was from the early part of the account

 

Do you have a reason for the late payments (which you advised to Halifax?) Perhaps your salary was going in later, did you ask if you could change the payment date?

[GaryNI]

6 months.. I would reckon that they could legitimately claim that it was from the early part of the account

 

Do you have a reason for the late payments (which you advised to Halifax?) Perhaps your salary was going in later, did you ask if you could change the payment date?

 

Yes i did advise Halifax that i was in part time employment and that wages/payments go into my normal bank acc at random times over the month. I did try and suggest other payment dates as to match days when i had funds available but i was still charged late and overlimit fees

[citizenB]

Yes i did advise Halifax that i was in part time employment and that wages/payments go into my normal bank acc at random times over the month. I did try and suggest other payment dates as to match days when i had funds available but i was still charged late and overlimit fees

 

Fair enough, I am pretty certain that this would come under not Treating you Fairly. Having made them aware of the situation and asked for a different payment date that would have avoided these charges, they refused and embarked on a profit making excercise.

[citizenB]

Perhaps a final letter to Halifax, something along the lines of..

 

 

 

Dear Sir or Madam (or name of person on last letter)

 

Reference numbers

 

I am extremely disappointed to receive your refusal to refund charges that have largely been applied to your not Treating me Fairly.

 

You point out that the account has been in default from DATE. However, I did write to you/contact you at that time and ask for a different payment date due to changes in the way my salary was paid.

 

You refused to do this, which immediately pitched me into a cycle of charges and interest on those charges which it has been impossible for me to rise above.

 

I believe that it was this lack of co-operation on the bank's part that has caused this situation.

 

I therefore request one last time, please refund these charges.

 

I look forward to hearing from you within 14 days from the date of this letter. Failing which, I will take my complaint to the Financial Ombudsman.

 

Yours etc, etc.

 

 

HTH

[GaryNI]

That letter you drafted is great, thanks. Ill update it with my details and send it off today. Ill let ya know when i get my reply. Many thanks again to you for your time and help

[citizenB]

You are welcome

[GaryNI]

Quick Question:

 

I found out on the 23rd May that the PPI Claim i made against this card was £xxx.xx and that within 28 days i will get a cheque,

on the same day (23rd May) i made a call to the PPI Claims Department saying that i would not like the cheque to be used against the outstanding balance on the card.

 

today i make call to find out any updates as i have not recieved my cheque.

 

I now find out the the amount is going to be staying on the card without me agreeing to this

even though i made a call stating i wanted the amount/cheque to be sent to me as agreed to in the letter i got and not to be paid of the cards balance.

 

What should i do ??

[citizenB]

They can only apply the refund to genuine arrears.

[GaryNI]

So i wont be getting the cheque then ??

[citizenB]

http://m.dailymail.co.uk/money/cardsloans/article-2158352/Banks-siphon-refunds-owed-PPI-victims-square-unpaid-debts.html

 

It might actually look as though you wont.. have a read of the article above.

[GaryNI]

Well thats not good, as i you know i have sent letters off for the late fee/overlimit charges to be refunded so therefore didnt want this PPI Claim to be also taken off the balance as i wanted to know the final outcome of the late fee/overlimit refund answer first.

 

So is there anything i can do ??

[citizenB]

I suggest you wait for someone like ims21 to look in on you - see if he has any ideas