My daughter v Halifax

[sachmo]

DPA letter sent 11/4

 

Showing as delivered by Royal Mail after checking track and trace today.

 

40 days up 21/5

[Bookworm]

Good stuff, well done.

 

Keep us posted.

[sachmo]

Thanks. Most certainly will keep you posted. I'm more interested in getting daughters charges back than mine lol

[sachmo]

Daughter received reply from halifax last week (she just told me yesterday). They stated she will have stetements by 21/5 - Exactly 40days. lol.

[sachmo]

Daughter received another letter from Halifax about our question on manual intervention and stating statements will be with her by 21/5 - again. Looks like they are dragging this one out to the full limit - these imbeciles make me sick.

 

They will only owe her more, the longer they hold out.

 

Also I need to mention that they gave her an overdraught of £200 when she first opened the account about 6 years ago and she spent it Christmas 2004 (without my knowledge) even though she had no exact means of paying it straight back.

 

They were sending her letters about it and she eventually went in to see them and agreed to pay it back £20 per month, and they took it out of her account every month. After a while they sent a letter to say she needed to sign a new agreement about it but by then she was burying her head in the sand as she couldnt cope with the worry of not having enough money to live on, because of them taking charge upon charge from her account.

 

They still continued to take the £20 from her account each month and then she started getting letters from a debt collection agency asking for the balance to be paid in full. That is when she told me about her problems so we paid the balance to the DCA but lo and behold halifax have taken 2 more £20's from her account which have incurred even more charges.

 

We went into the bank today and she explained everything about the debt having been already paid and they said she should have cancelled the standing order. She didnt know she had signed for a standing order, only that she had signed some sort of agreement to pay them back £20 per month. Her only fault is that she is naive when it comes to this sort of thing, but surely when the bank received their money back they should have known to stop taking the £20 monthly payment???

 

I must be naive aswell as I thought that is what would have happened once the debt was paid, because I knew nothing about this standing order thing. You see, because its only child tax credits and child benefit that gets paid in she obviously has to use it all as its her money to live on. I told the man in the bank that the charges are illegal and she would be getting all the charges back from them, and it just goes to show that there is no manual intervention at all, otherwise they wouldnt still be taking the £20 out after it had been paid in full, but he just ignored me, or at least seemed to be.

 

Anyway he told a co-worker that my daughter requested a refund of the latest payment as it would make her overdrawn again, and she agreed to refund it but not until tomorrow as she couldnt stop the money coming out today. Too little too late as far as Im concerned.

 

Will any of this stop her from claiming all of her charges back?Any comments or advice on this whole sorry saga would be greatly appreciated.

[jonni2bad]

Nothing should stop her reclaiming all her money back for charges unlawfully imposed in the first place.

 

I hope you don't mind, but I edited your thread to break the writing up into more managable paragraphs - it was very hard to read in one go, and you'll probably get more response if you make things easier to digest

 

I have read somewhere that it is possible to write to a bank to inform them that monies (from benefits) must not be taken to pay charges etc, although it appears that one letter must be sent each time a payment is due in, rather than one 'cover-all' issue.

 

If this is relevant for the future, I will find the terminology again for you.

 

John

[sachmo]

Thankyou so much and i would be really grateful for the letter we could send to the bank to stop charges being taken out.

 

Sorry about that long winded post, its just i was a bit worried when i gathered all the facts together about her problem lol

[jonni2bad]

We are talking, behind the scenes as it were, about this. I believe it's a 'Right of Appropriation'. Will be talking to CAB and CCCS etc over the next few days to gleen more info, and then we can prepare a letter.

 

In the mean time, maybe her best bet is to open a BASIC bank account with another bank, transfer everything across there, and effectively start from scratch.

 

Do a search for Basic Bank Accounts for more info.

[sachmo]

Thankyou very much. Ill tell her to sort another account out. She still has no statements or anything from them and its 40 days this Sunday. They're either inundated with these requests or taking the p***. I wouldnt be too bothered if it was my money, but shes been through a really bad time because of all this, and im hurting too, and fuming. Thanks again.

[sachmo]

She received her statements on 20/5 so I reckon I was right they are taking the p***. Its only because 21/5 was on a Sunday that she received them 1 day before the deadline. Anyway the total they owe her is £763.00, but it will be a bit more when she gets her latest statement. The prelim letter will be handed in to her bank tomorrow.

[jonni2bad]

Excellent news - remain strong now until you get it all back.

[sachmo]

Thanks. Handed in today.

[sachmo]

LBA handed into bank friday 18/8/06 - 14 days before we submit claim - they owe her more money now £884.00. I sometimes find that i cannot get onto this site, but will try to keep you updated. Thanks for all help so far.

[jonni2bad]

Best of luck...

[sachmo]

Daughter received letter from halifax the day before the 14 day deadline was up stating they will not be refunding her charges. I'll let you know when we submit the claim to court.

[sachmo]

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