Old DJ vs Halifax****AND WON****

[tezviper]

I know what you mean, I am in a similar position. I am hoping to recieve payout of over £3000 in few weeks from halifax and plan to withdraw that and see if any banks turn me away when i try to open an account with that. Worth a try.

 

TezViper

[hillards]

I've no idea what the total charges will be until I get the pile of statements through. When I spoke to the person in that dept last week he said they had until Dec 4th - which I think is a farce, they should be used to doing these things by now! Why stall until the last minute? Sour grapes methinks.

 

My intention is to get any payment put into my account, and resume life from that point. I would hope they are not daft enough to try and refuse to let me have my account back just 'cos I've reclaimed charges that were mainly their fault anyway. Wonder if there's a legal procedure to take action if they do, if they want to be silly then I can be just as silly back!

 

As I'm asking for any default(s) to be removed as well it could be that I have to wait a while for that to appear/dissapear from my credit record before I dare apply for a new account somewhere else.

 

This could actually be a good move as a new transport interchange opened in town and the Halifax is not 'convenient' any more - my bus stop used to be just over the road from the branch, now it's a good 10 minute walk, via the shopping centre.

[tezviper]

Well good luck with everything mate, If you need any help and i can do so I will be only too glad to.

Will watch with interest.

 

TezViper

[hillards]

Will watch with interest.

TezViper

 

Is that at the standard rate of 8% ?

[tezviper]

LOL. Was thinking more like 29.9%.

 

TezViper

[hillards]

Letter received today, dated 21st November. Usual stuff about 'copies of duplicate statements have been ordered'.

I note it's now on HBOS headed paper - wonder if they've run out of the Halifax letterheads with all the requests they've had to handle?

[hillards]

Nice postman decided not to use the hole in the door that he normally puts letters through, but knocked me up today and handed over 21 identical looking envelopes - one more and I was tempted to have my own game of 'deal or no deal'.

Yes, the statements are here and I'm about to open them all up and sort them into order, 'cos they are bound to have got mixed up in the post. Then I have a small problem. I read someonewhere on here that you have to use a pink highlighter - I can only find a yellow or a green one, will that matter?

Spreadsheet here I come...

[Didge]

ooh, you've just got me excited, Hillards - just received my 'thank you - your statements are being loaded on the geriatric camel and coming your way' letter this morning, so hopefully by my next day off the postman will be cursing me for more than my overgrown hedge blocking his access:p

[hillards]

Well - only 3 days from notification letter and the pile of statements arrived. The 40 days were up on Dec 4th so that means they were actually ahead of schedule with mine, by over a week.

 

All totted up and I've a total of £1,541 just in 'charges as notified'. There are a few bits of added interest, and I've only gone back the 6 years.

 

They have provided statements back to opening the account in 1995, so I may have a scan through the earlier ones as well and see if it's worth persuing older charges too. 104 pages in total, 5 per envelope.

 

As a matter of interest, to those following this thread. The Halifax usually make their first offer based on the 'worst 6 months'. In my case this would be March - Sept 2006 and that period alone is £693. Lets see what their first offer letter says when hey've done the calculations.

 

Going back over the statements brings back a few memories too - ATM withdrawls from trips, purchases made, getting paid...

[hillards]

OK, got my 'Request for repayment of charges' letter sorted out, and I've added a paragraph under the section 'What I require'

Upon acceptable resolution to this matter, I would ask that my Halifax Bank account be restored to it’s previous status, with the issue of a new Visa/debit card to enable me to resume my banking activities.

 

I think that is only reasonable, given that I am currently unable to use the account

[bathgatebuyer]

Good luck with this! When I started reading your thread, I thought I had stumbled across one of mine by accident such are the similarities.

 

The Halifax have about until Tuesday to file a defence in respect of my N1 form, so we'll see how it goes.

 

Good luck though - they will try and harass you left, right and centre by phoning night and day from that blasted 0870 number you quoted earlier. Despite my fairly advances dispute with them, they served a default on me a few days ago even though the matter is now in the hands of the legal system. From the Banking Code it would appear that they cannot pass my overdraft onto third parties because we are in a dispute, although conversations with the Halifax ended with them saying, "We'll do what we like". Hmmmmm yeah, go figure! Anyhow, I have no problems with them sending a default, my concern is that it is passed to third parties like a credit reference agency. Doing so would clearly be contrary to the Banking Code as well as, I believe, the DPA but I'm not confident that the Halifax give a toss about the legislation and good practice.

 

Keep us posted! I'll do similar. Who knows, I may have some good news to tell you of over the coming weeks.

[hillards]

'Request for repayment of charges' letter posted today, first class and registered.

Total reclaimed £1,559.79

Also added a letter to request that they stop telephoning about my Halifax One card account - lets see what good that does...

They've served defaults on both my bank account and the card account, which will be subject to requests for these to be removed as action progresses.

When I looked through all the statements, the biggest problem I've ever had it the most recent - them taking excessive charges out. It is the only reason I've gone overdrawn and I have already pointed out that it is not me allowing my account to be used in a manner that would cause me to go overdrawn, it's 100% charges that should never have happened in the first place.

So now I wait for the insult, sorry, first offer to arrive and can file a court claim as soon as I get that, 'cos I will not be accepting it, other than in part payment of course. Not that they'll pay anything out at that stage, pity - Christmas is coming...

[hillards]

On November 9th I called Customer Relations, spoke to a lady there. She gave me her name and a reference number. She told me that there had been a letter sent out on the 2nd, but I had not had that. She said she would send a copy - guess what, nothing received by today - so I called again.

 

Obviously they have received my request for repayment of charges as I was told, rather swiftly, that my claim would be dealt with by 28th December. That's outside the timescale of course, so I'll be keeping an eye out to see how quickly they do respond.

 

I also checked that they had taken up my case in their department, rather than Retail Bank Collections pestering me all the time. Yes they have, and my letter regarding telephone calls on my credit card account has also been passed on to the correct department.

 

But, my reason for calling - before she got chance to hang up - was that missing letter. It took a while for her to find what I was looking for, and I'm told it will be sent first class tonight.

 

They may as well chuck in the offer letter while they're at it, but I bet they don't.

 

I may be looking a bit far forward, and counting chickens, but I'm wondering if there's some way to dictate what happens to the repaid charges, when that eventually happens. I don't expect it before Christmas anyway.

 

I have an overdraft of about £170, which is all charges and added interest. Obviously, part of the repayment is going to include that so I can't object to this amount being deducted from the claim as the cash hits the account. What does worry me is that Card Services will be able to take a chunk out of the account as soon as the money hits. That's what caused these problems in the first place, so I'd really like to send a letter in stating what I will agree to.

 

I don't want them taking the whole lot to pay off my Halifax One card!

 

If anyone has any suggestions on what I can and cannot do then I'd welcome those. In a nutshell, they can deduct £170 to clear the overdraft and I'll not complain about that. I would agree to making a payment on the credit card, but that is my decision on what amount - not theirs.

 

I've already included a paragraph regarding re-instating my account to it's previous status, and removal of default notice. I may have to re-state that later.

 

Through being unemployed, and Christmas on the horizon, I'm bothered that I will not be in a position to pay the court fee. £120 is a lot of money right now, but then I read in a thread that you can approach the court about negating this if you get certain benefits?

 

We do receive Working Tax Credit, does that count? Anyone? Yes, I can find out when I go to file the court papers but would rather know now so I'm prepared. Otherwise there is no point going until I can pay the fee really.

[hillards]

Well, the missing letter has now arrived. It was originally dated 2nd November from Customer Care.

 

At first glance it's a standard '...concerned that you have found cause for complaint...' letter, apart from some typos. Words that have been run together and some spelling mistakes.

 

It states "...that default fees have nowbeen reduced ocross its credit card product range to £12..." - but this is about my bank account? They go on - "Our charges on current accounts are a genuine pre-estimate of costs that generally arise when customers breach their agreements with us."

 

They also do not agree that there have been any unlawful penalty on my account. I've one letter from them stating that, and hundreds of threads on here saying otherwise. Guess who I'm taking more note of.

 

The laughable part is - "I have as a gensture of good will cancel pending charges due to debit your account 31st October 2006 to avoid escalation of your balance at this time." All spelling and punctuation is theirs, I've checked that's exactly how they put it - joined up words and all.

 

Why is it laughable ? Because the only charge due on that date is about £4 debit interest, the overdraft fee had already been stopped at branch level.

 

They also gave me eight weeks to respond, otherwise they will assume I am satisfied with their response. As I've already sent in my letter to reclaim fees I can take it they know I'm not happy.

 

I also find it strage that they give a PO Box address in Halifax but the telephone number is a Leeds one. Yes, I know about the merger and the fact they operate on both sites, but it would make more sense for a Leeds department to have a Leeds address?

 

Oh, and they also failed to enclose the copy of their complaint procedures mentioned in the letter, which makes my recycling bag a bit lighter this week.

 

I am awaiting my first insult, sorry, offer letter now. They did say they had until 28th December. My timescale suggests the 13th for the LBA, probably bypassing the rejection of offer if they've not responded by then.

[sallysas]

You are having a time of it!!! Have you sent off Johnney's letter re -'phone calls? If it were me I would make sure of a good night's sleep by taking the 'phone off its cradle. I have always regarded it as a servant, not a master, to dictate my life.................

[hillards]

Yes, the letter went off on Monday. They've not called this week, at all!

 

Because I do a lot of work for hospital radio, I am often up with that until the early hours. It was gone 5am last night when I got to bed, so I can't really unplug the phone as my wife often calls later in the morning to get me up if I need to be doing anything. Today I was expecting a call from the Police about something else, so off the hook isn't really an option.

 

I have to say that they've been most helpful when I've called Customer Relations, unlike some departments who seem to think that I'm topping the FBI's most wanted list or something! Who's the criminal though?

[hillards]

Tuesday 5th and my early morning alarm call came once again from the Halifax. For a change, it was not card services ringing to annoy me, but Jonathan Park from the Halifax in Newcastle.

 

Usual story - we wish to resolve, OFT only applies to credit cards, and an offer of just over £700. My response was to ask for this in writing, and to give a no comment on 'is this the sort of amount you would consider'.

 

I'll wait for the letter now...

[bathgatebuyer]

I know exactly how you feel! Your case and my sound exactly the same, even down to the '...........but the OFT statement doesn't apply to bank accounts, only credit cards' discussion I had with one of their call centre Collections guys last night from that 0870 number they use.

 

The communication between their Customer Services and their Collections are abyssmal. From speaking to a fairly helpful woman the other week, she did say that they have two seperate systems they use. One which clearly says 'under dispute' and the Collections one which doesn't record any of that info.

 

And I know what Hillards means about the FBI list!!!! If only they set the Halifax Collections team onto Bin Laden, I'm sure he'd some surrender from his hole the way this lot pester you!

[hillards]

Knowing that 'they' monitor this site, I wonder if anyone is actually taking note of their own problems? They seem to have smoothed the path to reclaiming charges, as it all works like a conveyor belt for everyone who takes that route, but we all have the same moans about collections!

 

Interesting that I've not yet had a response about the letter I sent regarding the telephone calls. Although it did not invite a reply, I was expecting on.

 

I know they've had it as it was in the same envelope as the charges claim, which they've just telephoned me about.

 

I get the feeling that there are some very helpful people working for them, but there are a lot who feel they have to do their best for the company by getting Mr Bin Laden and other naughty boys and girls annoyed enough to give up and pay up. That isn't going to happen here...

 

In my case I'm claiming the bank charges now and will tackle the credit card when I can afford to. Knowing that I'll have to shell out money along the way, even if it is reclaimable, I decided to do one at once 'cos I just can't find the money for both at the same time.

[hillards]

Advice/Help please! (action taken since writing this)

 

In my letter to the Halifax, reclaiming the charges, I added a paragraph:

Upon acceptable resolution to this matter, I would ask that my Halifax Bank account be restored to it’s previous status, with the issue of a new Visa/debit card to enable me to resume my banking activities.

 

I have today received the letter from Jonathan Park at the Halifax, offering £775.50. They say "I must also advise that the sum of £173.93 would be deducted from any payment as this was the amount used to close your current account and repay the debit balance."

 

Sorry? '...was the amount used to close your account...' - when did they do that? I also got a statement on that account this morning, the amount overdrawn agrees with the figure they quote. BUT, I specifically requested that the account be retained and restored when all this is sorted out. It's only gone overdrawn because of all the charges they've made recently, and that started because they withdrew money to pay card services. I maintain that this was of their doing, and not me being stupid with my account.

 

He goes on to refer to the default registered on my credit reference file and says no such information has been registered. I received the default notice in a letter dated 30th October. There is a section which says "... we would advise that it is our practice to pass information on defaulting accounts to Credit Reference Agencies where no satisfactory reponse has been received to a Default Notice within 28 days of the date of issue." I'm now unsure if they have actually registered a default on the account with any CRA, although the letter implies they have, as that's how it starts out.

 

He's enclosed a form to sign which shows that they would pay the overdraft amount to the account and send a cheque for the remaining £601.57. What good is a cheque if I've no bank account to pay into?

 

Needless to say I'll be moving on to the next stage, but I would appreciate some advice on what to do about the account itself. I would prefer to keep it as I am not in a position to open a new one elsewhere through being unemployed right now. I need to get back to paying bills by direct debit and so on, it's costing a fortune in additional fees to pay them at present.

[hillards]

Realising that I need to progress this, and get the next letter posted off to them, I have added a few paragraphs to my letter before action.

 

To sum these up, I've pointed out that they took money from my account, which caused it to go overdrawn and this then resulted in other payments being refused, adding further charges. I dispute their claim that I allowed this to happen as the debits were taken without my knowledge or any warning - by them!

 

I have repeated my request for the account to be re-instated, and even suggested that as part-payment of the full claim they do this now, with the overdrawn amount being removed etc.

 

I've expressed my dismay at the account closure, as this has been done whilst it is in dispute. I have also said I would accept their offer as part-payment only as I will persue the full amount.

 

Obviously I'll update this thread as I hear more.

[hillards]

Letter Before Action posted this afternoon, using their own postage paid envelope, but adding the security (for 68p) of it going recorded delivery as well!

 

I have seen a worrying thread where someone else had a default filed against them but the Halifax said, in their offer letter, that there wasn't one as far as they were concerned.

 

Obviously they are not checking this - I got a default letter at the end of October. Now, in December, they are making out there isn't one. I will have to send off for my credit record and check that - because I will happily bill them for every penny I have to spend on verifying that fact, and any action I have to take to have it removed if they have black flagged my credit record.

 

How do you get at your credit record? Well, go to Credit Reports: Get your Credit Report from Experian UK and follow the links for the £2 report. IGNORE all the options for a free report, unless you want to sign up for their ongoing checking service, where they will inform you of any changes made to your record. After the first 30 day trial that will cost you £5.99 a month... I'll not knock it all together as some people find it useful to be able to log on and look at their record at any time, which this scheme allows you to.

 

Complete the online application, you'll need a credit/debit card to pay the £2 fee, and you should get your report in about a week. I've just applied for mine, and said it's so I can check the details to make sure they are correct. You can also telephone them on 0870 241 6212, and that will cost you 50p more!

 

You also need to check with Exquifax and CallCredit, two other agencies who may hold your credit details, if you want to be sure you've wiped the slate clean.

[hillards]

AAARRRGGGHHHH!!! They're back on the phone again from 0870 850 3492!! I checked on 1471 after I ended the call. 8.30 in the morning, after I didn't get to bed until 4.45am...

 

I have since called them back on 0113 235 7171, as I refuse to use their 0870 numbers, and complained bitterly. Thats the direct number for Retail Bank Collections in Leeds, who deal with Halifax credit cards. Yes, it's my card account, not my bank account. I quoted my letter of November 25th where I told them, in no uncertain terms, that I would not take their calls and all communication must be in writing.

 

I am going to note the person's name, I spoke to Elaina (not sure of spelling, wasn't in mood to ask her to spell it out), and she tried to steer me towards discussing the account rather than listening to the complaint I was making, which also annoys the hell out of me.

 

She kept waffling on about they send me a statement every month, why don't I call them to discuss the account - I told her I wasn't prepared to discuss it on the phone any more as I consider the Halifax to be in breach of several acts in law. I have asked for all correspondence to be by letter, how can I make that any clearer?

 

I have had to repeat myself yet again, as they do not seem to keep notes of previous calls for these people to see. They seem to ignore any legal information regarding the Protection from Harassment Act 1997 and all that, insisting that they are within their right to call me as often as they like.

 

Having sent them the letter, and given them time to take action on it, I take it that they have now broken the law by calling me this morning. I am keep a note of any calls received and will be passing this information to the Trading Standards people and the Office of Fair Trading - even if I never get a call from them again, this one has been enough to make my blood boil.

 

I am also considering taking further action, as soon as I can find out more about what steps I can take in that direction. Any experience in that area by readers of this thread would be welcomed. I would love to be able to serve a prosecution on them now...

[bathgatebuyer]

I'm so sorry you have to put up with this guff from them. It's a complete mirror image of everything they did to me. Fortunately my case is now concluded as I have my money (£3.7K party at my house this weekend!), but the damage done by sleepless nights and silent calls will linger for a while. I know it's not a comfort at the moment, but you will win, you will get your money back and in time may learn not to jump every time the phone rings.

 

It's no consolation but I do think you're doing the right thing in noting everything down and asking for everything in right. Make no mistake, these people do not care and the only thing we can do is make them.

[hillards]

At present I'm claiming for my bank account charges, the credit card lot are next on the list.

 

The lady I spoke to this morning was asking how I can afford to take legal action and pay for a solicitor when I mentioned taking action, she went quiet when I said I was quite capable of handling these matters myself!

 

So, the hassle will not stop just yet as I have yet to start action on the card account, I'm told it will be couple of months yet before they hand that over to Blair, Oliver & Scott to deal with.

 

Anyway, you have a great party and I don't think I'll be too long before I have something to celebrate as well.