Doogie v Halifax

[Doogie]

Having fallen foul of bank charges when I was student and then during the last couple of years when starting my career and having to find somewhere to live in London etc. I had a glance through my last year's statements which I view on line and noticed I have clocked up quite a few. I called Halifax and asked for my statements for the 5 years previous to that claiming I needed them urgently for a meeting with my financial adviser. I was told they would be sent immediately. Naturally, I didn't receive them and after some stern words with customer services on Friday night, who informed me I had never made a request and such requests must only be made in writing, they arrived yesterday. I've totted up £1,500 in total (although I am missing one statement for April of this year which I need to check). Therefore I am going to prepare my letter requesting repayment.

 

I'm a bit concerned about them wanting to close my account though, as I don't think I'm going to find another that will give me the same level of overdraft etc. However, looking at these posts it would appear that Halifax don't usually close accounts - is that right?

[bearo]

yes it would be unusual for them, however you need to know there is a chance they might, usually you get a slap on the wrists and get told if you are a naughty boy again they will look more closley about your account.

[troublegum]

They've just made me quite a generous offer and they have said in the letter that they reserve the right to close the account if it is not managed properly in future.

[Doogie]

Many thanks guys.

 

One other question in respect of interest. I accept that I obviously cannot claim in respect of interest charged on my overdraft as that is what I agreed with the Bank, but I note from these threads that people have been claiming for interest. There is nothing on my statements which says whether I have been charged a higher rate of interest for going over my overdraft limit or not and I was wondering how, if possible, you can work this out.

 

Thanks

[bearo]

Ok Doogie

 

You can claim interest on going overdrawn back however it has to be solely that ude to bank charges, otherwise the interest ppl are talking about is the *% interest that you will be charging them when you file a small claim....hope that helps!

[Doogie]

Thanks for that. Writing my prelim letter today.

[Doogie]

After a hectic time at work, finally got my schedule done and have totted up £1650 in bank charges. Have now sent my prelim letter. Let's wait and see...

[Doogie]

I haven't even had an acknowledgment to my complaint and the 14 day deadline expires tomorrow. Is this normal? I thought from the posts that most people had received some form of communication from Halifax when submitting their prelim letter. If there is any danger of them not having received the letter, should I hold off sending the Letter Before Action?

 

Thanks

[Coyotesj]

Hi Doogie

 

I would stick to your time scales.

I have read several threads from people that sent SAR before me and didnt recieve statements, whereas I got mine within the 40 day period, seems to be a bit hit and miss with them at the moment... they are obviously trying to keep up with everyone that is requesting this information!

From info I have read on this forum if your claim reaches court they will deem that Halifax recieved the letter approx 3 days (dont quote me on exact time scale!) after you posted it, assuming First Class, so no worries for you about them saying they didnt get it!

 

My suggestion would be to send your LBA as per your time scales, I sent mine off yesterday so just a waiting now!

[Doogie]

That's what I thought. Thanks for that.

[givememymoney123]

I think I'm in the same situation , i'm claiming £1500.

 

I sent my 13 days ago and i've had nothing back from them at all, Not even a phone call.

 

They have 1 working day to respond to me , before I will be sending my LBA. (I actually haven't got the cash to take them to court right now, may have to borrow it)

 

If you keep in line with your timescales you should be fine.

 

If you don't receive a response , simply send your LBA (or your next letter)

 

Did you get proof of postage ?

 

I got my proof of postage , it's free, just go into the post office and ask for proof of postage and hand your letter over, they'll give you a receipt for it and post it off for you.

 

Of course another Idea is to call the Halifax and ask if they have received your letter, May be a worth while idea telling them you had proof of postage anyway , this way they're more likely to admit they have received it.

[Aaronsdad]

Hi all,

Couple of things whilst I stick my twopence worth in!

 

I read above about one working day. Deal in calendar days! When you send a letter with a 14 day deadline, allow two for postage, and after 16 do the next thing. As far as I know this is the 'reasonable' actions court looks for.

 

Secondly, I appreciate that cash can be tight but the cost of a stamp and recorded is £1. Then using the 'track and trace' facility on the royal mail website you can see that it was DELIVERED (and when) and not just posted. Halifax are buggars for 'losing' mail.

 

Finally, If anyone is struggling to get replies or action etc. This woman, who must be sick of me giving out her name, has been very helpful.

 

Kelly Duffy

Senior Customer Relations Manager

Executive Office

Customer Relations

Direct Dial 01422 326326

Fax 01422 326688

[email protected]

 

There are more contact details in my thread. There is a link in the signature but I think Halifax have stolen it!

 

All the best everyone

 

A D

[Doogie]

Okay, things have been a little delayed as I was sent away on business which put a spanner in the works and haven't yet sent my LBA. However, I've just received a letter with the usual guff about having to pass on costs etc. and an offer of £1,017. This is roughly two thirds of my £1,600 claim. I'm going to press ahead for the full amount, but wonder what to do about responding. Should I simply send in my letter before action now, or combine it with a letter declining their offer? It would seem that I can't accept this as part payment as the offer is based on my agreeing that the it is in full and final settlement. Any help appreciated.

 

Thanks

[Doogie]

Any help would be greatly appreciated. In understand from the FAQ's that I should accept the offer as partial payment. In doing so should I just reply using a normal letter? I don't feel I can used the bank's consent form as this mentions full and final settlement.

 

Thanks

[hillards]

In the http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html (5©) it seems to skip this stage and moves on the the court claim.

 

However, http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html may help?

[Doogie]

Well, having had to go abroad on business, I haven't been able to do much about this. However, I sent my LBA (accepting offer as part payment but preparing to sue for balance/or all) over two weeks ago and failed to get a response. Have just applied some fresh charges to my spreadsheet and gave customer services a call to see if they had received my LBA. They informed me that they have and want to settle. Very pleasant lady said they've based their offer on highest two years charges. I told her the amount I was about to sue for had now changed due to recent charges. She said that mean she would have to apply fresh calculations but would like to do this and call me in order that we can settle. I told her that I would only settle for the full amount and I was merely calling to ensure the LBA had been received and I was now ready to file my claim with the court, after which they would become responsible for costs and interest. She said she would try and call me back today or first thing tomorrw to try and settle. I made it clear, politely, that if she didn't come back with an offer for the full amount, I will issue. Let's wait and see...

[Doogie]

As promised, the lady phoned this morning having recalculated what my charges were and came up with a total amount £200 higher than I had calculated (£1,800). She then made an offer of £1400 which I declined. She then asked me what amount would I settel for and I said the whole amount of £1,800. She then agreed to pay me this and said that it will be paid into my account in 14 working days, but is most likely to go through within the next couple of days and I don't need to sign anything! Job done