Tech v The Halifax ***SETTLED***

[technique]

Does anyone know of a letter template for refusing the banks partial refund? or do most just create their own.

[tezviper]

Here you go m8. try this one.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

TezViper

[technique]

Many thanks. The countdown to action starts!

 

Cheers

[technique]

2nd November update: have received a link to a refusal template and have therefore refused their £579 partial refund, taking it as part payment only. I can seek the rest under County Court in 14 days and that now takes it under £5K so I can go to the small claims court.

 

Hoping they will see sense - although the words 'sense' and 'Halifax plc' should not really be used together.

 

Tech Vs Halifax

Claiming £5491

Got back £579 so far

Getting the rest back or die trying

[Michael Browne]

You will still need to file a claim for the full amount unless you have actually got the partial refund. They have offered it as full and final payment, which you have accepted as partial, so they may well withdraw the offer.

[tezviper]

Good Luck. Keep us all posted.

 

TezViper

[technique]

In that case I'll remove that element from my letter and send another version - thankfully the first version hasn't been sent yet.

 

cheers

[bearo]

3 threads merged, please try to stick to one per claim thanks!

[technique]

update: 8th November. Received letter from the Halifax. "we offered you a gesture of £579 and you refused it" - too right! They also threaten to close my account if it's not managed correctly (already sorted myself with an account at Alliance so there! ). They say that I need to refer to the Ombudsment within 6 months if I'm still not happy. Is that a scare tactic? I'm ready now to go to MoneyClaim - should I just continue on as planned? What can the Ombudsman offer that the Courts cannot?

 

Any assistance please? Has anyone else received one of these letters before actually getting their money back?

 

Thanks

[mollyhannah]

I've had exactly the same letter. Just carry on with your original plan. I did and was paid in full 7 days after filing.

 

Good luck

[technique]

I've got a bit lost with things and hope someone can assist. I'm at the stage now where I want to enter my claim in the MoneyClaim website. The claim form discusses the right to claim interest - which naturally I wish to do. However it states that to claim interest I have to enter certain text within my claim of "The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}. "

 

The confusing thing is that I had already calculated on my initial spreadsheets sent to the bank their interest rate of 29.8%. Am I now only allowed to claim 8% as the claim form suggests or can I alter that to 29%? Or have I got this bit totally wrong? Plus how do I calculate the daily rate as they also suggest? Help.

[Michael Browne]

You cannot claim contractual interest and 8%. One or the other, not both.

[technique]

12th Nov 06: Claim now made via MoneyClaim website. The total was over 5K which means it cannot be heard in the small claims court - only hope to God that this is still going to go my way.

 

If it doesn't then at the very least I am shot of the Halifax and have an account elsewhere (although the new bank has probably had claims made against it too).

 

Here's hoping anyway.

 

Many thanks to all who've advised so far.

[technique]

14th Nov 06 update: Received Notice of Issue confirmation from the courts and they have until 2nd Dec to reply. Here's hoping they don't.

[technique]

22nd November 06: Received from the courts that the bank intend to defend the claim. I've seen in other peoples' reports that this is standard from the Halifax as a final scare tactic. Here's hoping anyway.

 

They've 28 days to set up a defence. For those who've been to this stage before, have the Halifax paid up before a court date is set or just before the 28 days are up? Any advice would be most appreciated.

[technique]

Now I'm worried. I've just seen another claim won by someone who started theirs later than my own. It would appear that the other claimant got to their settlement faster due to calls made to the bank and the courts. If that's the case, would anyone with successful experiences recommend calls or is there nothing to be gained after the MCOL begins by calling the bank to remind them you're there?

 

In my case the bank has acknowledged the claim and MCOL have sent out the confirmation of this saying the bank has 28 days to mount a defence. I'm about a week or two into that 28 day period so would a call assist?

[hillards]

Fantasy Banking theory.

 

Ever had the feeling that the banks deal with people on a points scoring basis? I have.

 

1) Send in a letter and you get so many points for starting something.

2) From that date you get points added daily, to build up to a required total before they do anything.

3) Phone them up, you get some points added for reminding them

4) Take legal action, more points to your account

...and so on

 

Day by day they only deal with the top points scorers at each level of the process. If you've phoned then you get dealt with a bit quicker than someone who has not...?

 

I have noticed that a visit to branch can often take points away from my score, as it's usually had the effect of delaying things rather than helping move forwards.

 

Amazing how your mind works when you're waiting for the bank to do something.

[Aaronsdad]

No! I don't think badgering the Halifax gets you anywhere quicker apart from chasing up the SAR.

We both had a 40 day expiry date on the 10/10. A date I calculated for - because it's my birthday!!!!

I did everything else exactly on the day I threatened, regardless. The only contact I had was one week prior to the 40 day deadline to remind them I would take them to court for non-compliance! My statements arrived one day before the deadline!

So, end result I'm ahead of you by at least a week.

YOU ARE IN CHARGE HERE NOT THEM!!!

MAKE THEM DANCE TO YOUR TUNE!!!!

 

Fight the good fight!

 

A D

[technique]

Thanks for the advice. Can I pick your brains again for anyone who's gone down the MCOL route - what do I class as the first day of my 28 day countdown? e.g. my documents state the bank has 28 days to mount a defence. Do I start that clock from the date deemed to be served (18th Nov) or from the date on the letter confirming the bank had acknowledged the claim (22nd Nov). It's only a couple of days but I want to know so as to not miss out on a couple of days.

[Michael Browne]

Do I start that clock from the date deemed to be served (18th Nov)

 

Yes

[technique]

The plot thickens. They've called today to say I've calculated the interest incorrectly. I've based my claim on their 29.8% interest charges on their cardcash accounts but they claim it's only 8% and they're not prepared to give the rest.

 

They also seem to think that the claim minus any interest is less that I'd calculated - and yet I'd done so from the statements.

 

Very confused.

 

Has anyone had this type of response from the Hali? I don't believe I've got my sums wrong nor do I think I've got the interest wrong but if anyone can shed any light on this I'd be most appreciative.

 

They say they'll go to court if I don't accept their reduced offer - about 3 grand less than the claim.

 

[technique]

any advice on this would be most appreciated. I'm to contact them soon to say whether I agree or not.

 

In the meantime I've read elsewhere on the forum that the Hali often deny people can claim contractual interest. I assume this is the 29.8% that I've claimed. Looks like this is a scare tactic on their part but just wanted it clarified that I am in the right to claim the 29.8% and not the 8% they say I'm entitled to by someone who knows these things.

 

Thanks

[Michael Browne]

They say they'll go to court if I don't accept their reduced offer - about 3 grand less than the claim.

 

 

Well the only way to find out who is right is to let a judge decide. I'd call their bluff

[technique]

You cannot claim contractual interest and 8%. One or the other, not both.

 

Thanks for your recent advice on this. The above is a previous comment you'd made when I was filing my claim with the courts and calling their bluff may be the way to go as they're claiming I cannot ask for contractual interest. Have you gone down this route/had it happen to you? If so, what was the outcome?

 

Thanks

[Michael Browne]

they're claiming I cannot ask for contractual interest.

 

Well they would, wouldn't they. But it's not their decision to make, it's for the court to decide. Until that happens you have to decide whether to call or fold. It's a game of poker and they have found that by offering refund of the charges , but refusing to pay interest, some people are taking them at their word, thus saving them several hundred pounds. The more people who accept at that point the more they'll continue to do it.