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    • Just left the name not dacted. Can you sort this out please
    • Particulars of Counterclaim   1.      The original Claimant agreed to undertake building work (Project 1) at the original Defendant/now Part 20 Counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously-removed chimney breast and, c. To install a new beam to the patio door.   2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the Defendant/Part 20 Counterclaimant and that the Claimant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the Defendant/Part 20 Counterclaimant provided the Claimant with a full copy of the structural engineer's report which detailed instructions to the Claimant for the works to be carried out.   4.      It was agreed between the parties that the works would commence on 13 August 2020.   5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the Claimant's work. The second payment would be paid at the halfway point of the Claimant's work. The final payment would be made on completion of the total works.   6.      The Claimant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the Claimant asked the Defendant/Part 20 Counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The Claimant also stated that Project 1 was approaching mid-way and the Defendant/Part 20 Counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the Claimant’s work but the Claimant was absent.  The inspector was obviously very displeased by the standard of the Claimant's work.  The inspector spoke to the Claimant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the Defendant/Part 20 Counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the Defendant/Part 20 Counterclaimant’s structural engineer with his findings and the Defendant/Part 20 Counterclaimant should hear from the engineer soon.   9.      The Defendant/Part 20 Counterclaimant passed on the Building Inspector’s instructions to the Claimant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The Claimant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the Defendant/Part 20 Counterclaimant to do the necessary work and this company was engaged by the Defendant/Part 20 Counterclaimant to complete the necessary piling at an additional cost to the Defendant/Part 20 Counterclaimant of £3000. (See receipt at Exhbibit-1).   11.  The Claimant asked if the Defendant/Part 20 Counterclaimant needed any more work to be done and, despite the problems encountered on Project 1, the Defendant/Part 20 Counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.   12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the Defendant/Part 20 Counterclaimant had occasion to make several complaints to the Claimant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the Claimant demanded payment for that work.  After a period of negotiation the Defendant/Part 20 Counterclaimant paid the Claimant £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.   14.  It later came to the Defendant/Part 20 Counterclaimant’s attention that the Claimant had removed material (including a steel beam) from the Defendant/Part 20 Counterclaimant’s property that the Defendant/Part 20 Counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When the Claimant challenged admitted he had done this.  The Defendant/Part 20 Counterclaimant has included the value of this material in his counterclaim detailed below.   15.    On 21 September 2020 the Defendant/Part 20 Counterclaimant highlighted and sent a snagging list to the Claimant (Exhbibit-2).  Over a month later the Claimant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Exhibit -3).  All of this snagging work remains undone by the Claimant.   16.  Apart from the outstanding snagging work referred to in para 16 above, the Claimant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at ( Exhibit 4.)   17.  During the course of carrying out work on Projects 1 and 2 the Claimant also negligently caused substantial damage to the Defendant/Part 20 Counterclaimant’s property (as itemised in  Exhibit-5) by not executing the work with the skill expected of a reasonable tradesman.   18.  The Defendant/Part 20 Counterclaimant seeks an order from the court directing the Claimant to pay to the Defendant/Part 20 Counterclaimant the sum of £16,577.12 in respect of:   (a)   the cost of the piling referred to in para 10 above which the Claimant could not undertake and another contractor had to be paid to complete is  £3,000 – Exhibit 1 (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above, £16,577.12 – Exhibit 5 (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above;  £8577,12 – Exhibit 6 (d)  the cost of the steel beam referred to in para 14 above put down as estimated.  TBA 4 and 5   19. In addition to the amount in paragraph 18 above, the defendant/Part 20 counterclaimant also claims 8% interest under the County Courts Act 1984 from the 26 October 2020 which was the last day of his employee left the property"        STATEMENT OF TRUTH   I believe that the facts stated in this particulars of counterclaim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.’.         Signed:                                          (  
    • I regret coming back onto this thread.   What is so difficult about dividing the figure of £16,577.12 into four separate amounts, especially when one is known at £3000?   When you filed your original counterclaim, how much did you want for completing the work?   When you filed your counterclaim, how much did you want for the damage?   When you filed your counterclaim, how much did you want for the steel beam?    
    • not yet. I will post once I receive it.    Thanks for your support Bank Fodder.   Regards BB
    • I will try my best. Don't have much choice
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Halifax/fraud/inheritance money/internal investigation!!!


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how does this sound:

 

Dear Sir/Madam

 

Please reply to each of these points individually and fully. Please send a personalised reply and not the nearest template form.

 

RE Penalty and ILLEGAL charges –(penalty charges has gone, and unfair charges would be unlawful)

Request for a refund of all charges & cancellation of pending charges for;

ZARA

 

I am writing to cancel or refund any pending or paid charges levied upon my account. During the time period August 2009 to the present day Including but not limited to 30th June 2009 to 29 July 2009.

 

The social security act1992 quite clearly states that banks cannot take charges from any form of means tested benefits such as Job Seekers allowance These income related benefits have been set up by the government as the minimum amount of money someone needs to live on.

It doesn't say that. It talks about assignment of charges rather than what the bank will argue which is about fees being levied to the account. An assignment of charges would be done through the court so bank charges are not relevant, I'm afraid.

I have been on benefits (Jobs seekers allowance) since May 2009 which is easily evidenced by the regular payments made into this account from the DWP. All money in this account has been from benefits. No charges should have been taken as this constitutes 'wrongful diligence’ in breach of the aforementioned act. Therefore you are obliged to refund all charges to my account to my account forthwith. No charges should have been administered and in refusing to refund these charges for any reason whatsoever you will be committing a further offence.

They aren't but I would argue that you should be allowed access to some of the funds because not to do so would be seen as not "treating customers fairly" principle.

The mentioned charge will be coming out of my account on the 26th August. This was for a standing order. You claim there was not enough funds in the account. There was, I paid them in the same day. I have been doing this for months and its never been a problem until now.

I would argue the point that you had been paying in money on the same day every month to make sure that the standing order payment was made but the bank returned the payment and charged you unlike in previous months. You were not aware that the money had to be in the account earlier and you would like the charges returned on the basis that (1) the charge itself will cause hardship and (2) you were unaware of this issue until this occurred.

Please refund all charges applied to my account within the next 7 days.

I reserve the right to further commence my grievance on to the Financial ombudsmen service without any further notice, and to seek an additional award for distress and inconvenience, together with legal expenses.

leave out legal expenses because going to the FOS does not incur legal costs,

Yours,

Zara

 

See above and take out your surname ;)

Edited by maroondevo52
Removed surname

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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  • 3 months later...
  • 3 weeks later...

On the 19th Dec i downloaded a track off tune tribe wich was 49p. My account balance was £2.69. The money was taken but there is no trace of this on my online account. The next day i tried to download another track. My account balance was now showing 20p when it should have been £2.20. Again there is no trace of this on my account.

 

On the 19th December £43.16 was paid into my account. On the 21st December i made an order from oneposter.com totalling £24.94. This left £18.22. I then drew out £10 from the machine leaving £8.22. I then used my card in Tesco and spent £6.49 leaving £1.73. Its showing oneposter have taken 11.99 (should have been £24.94) but the rest of the money is gone.

 

On the 24th December i was paid £126. But the balance is saying i can only draw out £116. So another £10 has disapeared.

 

At the moment its showing Available Balance: £3.43 and balance £33.74. Whats going on why are they not giving me acces to all my wages? This happens all the time the odd few quid here and there going missing with no explanation. Because i have an electron card in the branch they refuse to help me unless i upgrade my account and force me to use the help phone. which usually means me waiting on hold for ages.:evil::?

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phone up the number on back of ur electron card and demand to to know where ur funds are going it can be done ...

 

on a little sidenote though if ur downloading tracks what i use is this :

 

*edit - removed off topic link*

 

badboy

Edited by supasnooper
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I would send a letter to the Halifax mark it OFFICIAL COMPLAINT. Their on line banking is a day late in processing transactions and I have had on 3 separate occasions the amount debited twice. The second payment will then appear a week later.

 

I used to take screen shots each day and I timed and dated them so that when mistakes occurred I had proof of what their on line banking was showing at the time.

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They are rubbish!! I e mailed them and recieved a reply basically just fobbing me off. so i said either the missing money goes back in or im going to the police. THen it magically reappeared the next day in my account. Makes me wonder what they are up to and who else theyve taken money from who hasnt noticed.

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  • 2 years later...

My card ran out 2 days ago and I have not been sent a replacement . No letters zip.

 

Just checked my online banking and it's showing transactions dated the 2nd April even though today is the 1st?? Have I got a time traveling account ?

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In my experience, they usually send new cards out at least 1 month before the old one is due to expire... contact Halifax a.s.a.p. and request cancellation of any active cards on the account and get them to send you a new one.

 

Also, get them to give you full details of the transaction(s) you are not sure about, just to be sure that your absent card hasn't found it's way into someone elses hands.

 

I often find transactions on my account dated 3 or 4 days after I made them, mostly online card purchases.

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  • 4 months later...

My phone bill was 43.18. I paid 20 via threes online service to reduce the bill a bit. This payment showed on the my three account ad the new bill was 23.18. Today they have taken the full amount anyway. Three have said because the bill was already issued the 20 i paid will come off my next bill. I said to him well if that's the case why was it showing on my three that the mount had come off the current bill? I've rang Halifax to get the payment reversed and the guy I spoke to said they cannot amend payments already sent. Isn't that wrong? Not to mention illigal?

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  • 1 month later...

A family member has recently passed away.

 

There are no remaining family apart from my mum and her sister.

we didn't even know he had died until we recieved an annonomous letter basically saying "x is dead 18,00 to claim get it quick before your sister does"

 

my mum went to the Halifax to find out what to do and she was told to get a death certificate.

 

She spoke to a manager who took a note of her name.

 

Then later that day her sister went in and cleaned out the lot.

 

We've since found out she told the bank my mum didn't exist and she was the only relative.

 

Clearly this isn't the case and the bank knew that having spoke to her the same day!

 

They didn't get her to sign anything nor check she was infact the only relative nor did they take a death certificate, they handed over 18k on her providing a passport and nothing else.

 

We've since been Into the bank to speak to the manager.

 

Every quesion we asked he said "no comment" ,

he refused a copy of there complaints procedure.

 

He then stood up and said "I am refusing to deal with you now" he left the room and didnt return.

 

We've been on the phone to Halifax and they agree procedure was not followed, the money shouldn't have been released.

 

They are investigating this man internally.

 

What can we do here?

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I forgot to add I had a free consult with a lawyer. He said he could send the sister a letter but she's the type of person to ignore it. We're talking about a person here who robbed thousands off my nan when she was literally on her deathbed.

 

The lawyer said Halifax should of asked for a grant from the courts confirming who she was etc because the amount is more than 5k. Halifax are insisting this only applies obits more than 25k.

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It would be interesting to know who sent the anonymous letter.

 

I gather that relations were not good between your Mother and sister before this occurrence.

 

There is a possibility that your relative left a will in which all his estate was to go to your aunt although had that happened the Halifax would surely have told you.

 

You would need to find out who was the executor of the will-maybe the Halifax was, or did he have another bank. The executor should have been the person to inform the bank of

your relative's demise. And if there was a will. If so who were the beneficiaries.

 

It will be best now to keep everything in writing when dealing with the Halifax. You may need a paper trail to show how matters develop. At the moment all you have are what others have told

you but no positive proof. And write to the Halifax head Office explaining your complaint sine they may be unaware of any "internal investigation" going on. You will need to ask why the manager

refused to explain the circumstances to you. Did he mention the Data Protection Act as a reason? Was the money paid in cash or a cheque?

 

You give no time scales in your post so it is hard to know how much time has elapsed since the money was paid out although I doubt the halifax would want to "stop" the cheque if it has yet to be

presented for payment.

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Here's exactly what had happened:

 

Hiya, I rang head office got through to accounts they said the branch manager at allerton was wrong.

ORDER OF EVENTS

1.I rang Expert Bereavement Halifax. Told them what was happening. They gave me Accounts phone number

2. I rang accounts told them they said I dont need death cert just go in to branch with ID and fill a form in with them.

3. I went into Halifax allerton and spoke to woman on the desk. The lad serving next to her, who I saw last time, said 'I remember you, I was the one who served you last time'. She got X bank account details up, he had lots of accounts, she said they'd already been emptied. He said to the woman whilst all this was going on that the claim hadnt been fully processed and Joan hadnt been paid out at that time. I kept saying I told him last time to make a note another relative had been in to make a claim and to note my details. At the time he said he would. She said I could fill in a counter claim and went to print it out. She said once the form was filled in they would write to Joan saying what had happened. She said it was fraud but they werent responsible as Joan had signed an ideminity clause. I said you are doing a pontious pilate and washing your hands. She said I could fill in the form and take it from there but I had to go and get legal advise. I told the lad I had to go get my son and Id be back and could he tell the woman whilst she was printing.

*4. I went back with X,spoke to the lad and said to the lad that could I have his name as he was the first point of contact when I came in last time. He looked upset, I think he was told off by the manager as he attitude was completely different to earlier. He refused and got all hysterical. I said to him calm down I only asked for his name he went and he got the manager.

5. The manager came and pointed at the room and told me to get in the room like I was a naughty student.

6. He asked how he could help. I told him he knew already and where was my form. I asked him what the lads name was as he was the first point of contact he said all he could give me was his first name which was x.I said thats no use to me. He said I couldnt have a counter claim form and that all I could do was file a complaint as the money had already been paid out. He then said it was nothing to do with this branch as the money was paid out at x street.He then took my name, address, phone number and he typed my complaint in less than a minute. He didnt let me dictate it, ask me if its ok or go over events and wouldnt let me look at it. I asked him for a code of practice regarding bereavement cases. He left room.

7. When he came back he said he didnt have a copy of code of practice. I asked him for a copy of my complaint, he said I couldnt have one as its on an internal form. He left the room again.

8. Again I said I want a copy of my complaint as its the DATA PROTECTION ACT, its my complaint* I should see it and have a copy again he refused. He gave me a leaflet about complaints and wrote the Ref Number on it and his name x. He refused to discuss it anymore and showed me the door. He was really surly and offensive all the way through.

9. I went home and rang the accounts number again. They said he should have let me dictate my complaint and see it and give me a copy. He's breaking the Data Protection Act as its my complaint. They also said that he was wrong and that I was entitled to make a counter claim and that he should have give me the form. I gave them the ref number.

10. They said they would make an official complaint about the manager and she typed it up over the phone and customer services would be in touch within 48 hours. She said she would note everything down and send me the form. I kept asking if it was fraud be she was hesititant and avioded the issue this tem. But my first call they said it WAS fraud.

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First, my condolences on the loss of your Nan-and I should have said that earlier.

 

As there is no will, an administrator is usually appointed by the Court. Do you know if there was one appointed?

 

Although the figure of £5000 has been the norm, apparently banks can select a different figure. However it is usual that when paying out in the way

that they did with your aunt, that they get an indemnity signed in case of a mistake.

 

As it appears that your aunt has told the halifax that she was the sole surviving relative, I think the Brigadier's suggestion that you get the police involved

is correct. If she fraudulently acquired the money, then they are perhaps the best chance you have of getting at least some of the inheritance before she spends it all.

 

I take it that your Nan didn't own her house nor had a car? And that she had no more money in other banks or insurance policies.

Do you know if the Pension people have been informed-plus the Council as they may start chasing your Nan for council tax.

 

Do you know who arranged and paid for her funeral? I hope you were informed in time so that you could attend.

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It sounds as if the bank clerk may not have added the fact that you were another relative.

 

You said that your aunt had received other money from your Nan prior to her death. If so your aunt may be liable to tax on those amounts and could possibly

affect your Mother's inheritance [making it bigger].

 

In any event the Halifax should have had to wait for two months minimum before paying out and there may be a case for it being six months under the Family and

Dependents Act 1975.This is to allow for people with a possible claim to come forward. If that is the case, it may well be that the bank could become liable for any error they

made in paying out the money so quickly.

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Been to the police station this morning they have agreed this is both criminal and civil fraud. We've got an appointment at 11am to make an official statement then the CID are going to arrest her and take her in for questioning. Police told us to get the form she signed from Halifax but they have refused to hand it over.

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The money didn't come from my nan. I used that as an example of the kind of people they are.Rhinos a person who would go to my nans go the post office as a "favour" to cash her pension then disappear with it leaving my elderly nan with nothing. The money is from my nans cousin who has no children or a wife. My nan died two years ago.

 

From what I can gather she'll be done for fraud by false representation section 2 and 3. I think Halifax need to be held liable here to. Yes she signed an indemnity clause BUT the bank were aware of other relatives before she signed do its clear negligence.

 

Also there was no administrator. She literally went in with her passport signed the form and they transferred it there and then.

 

We have been told by Halifax customer services ye manager should of given her a form to fill in but he refused to let her. If he would of done what he was supposed to she wouldn't have been able to walk away with the lot.

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I thought at first that neither your mother nor her sister would have a claim to the cousins estate without a will.

 

However if you look at this website http://www.hmrc.gov.uk/cto/customerguide/page14-13.htm you will see how the situation affects you.

 

It is surprising perhaps that someone with that much in the bank wouldn't have made a will to ensure that at least some of it would have gone to someone

he wished it to go to. On the other hand, maybe it just hasn't been found yet, or perhaps some one did find it but wasn't one of the beneficiaries...............

 

I suspect that now the Police are involved that the court may have to issue Letters of Administration before any money is allotted.

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  • dx100uk changed the title to Halifax What's going on with Halifax????
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