Didge v the Halifax ***SETTLED IN FULL***

[Didge]

Right - I'm really really anxious about this, but that's more than outweighed by my anger at the moment of getting bank charges only because of the bank charges the month before chomping into my budget. So before it descends into another spiral of despair, I am going to take action.

 

My Data Protection Act request letter is written, my cheque is signed and the envelope sealed.

 

Would just like to know if there's any difference in posting it or taking it into my branch, as the branch is closer than the postbox;)

 

Also, how much of a fight do the Halifax give? Like to be forewarned of what I'm up against.

 

Hope you lovely people out there can give me the support I need - especially if you speak slowly and help me out with the big words:D

[Michael Browne]

Branch is fine. Get a signed receipt for letter and fee.

 

Look in Halifax Successes forum to see what you can expect to happen:

http://www.consumeractiongroup.co.uk/forum/halifax-if-successes/

[Didge]

Thanks Michael

 

Will enjoy my weekend then and prepare to start the war on Monday.

[Didge]

OK - visited my branch this lunchtime, presented my envelope to the girl at the 'help and advice' post - she said no problem, she'd get that to the right place. I asked for a receipt of her having it and promising to send it off - she said no problem... then disappeared for 10 minutes, returning with the assistant manager - what service!

The assistant manager took me to the private desks and informed me that she could only give me a receipt for a sealed envelope - I said no problem - I just wanted something to say she had received my envelope. She said she would require £10 - I said no problem, it's all in there! She said 'they' (not 'we') have 40 days to respond, so is there anything she can do to help? I said all I want are my statements going back 6 years - can she order those for me now? She didn't seem to be able to answer that question, so I said I'd keep to the formal request then.

So my battle has begun:-)

 

Point of interest:

I had the Trinity Road address on my enevelope, but was informed the address has changed to:

HBOS PLC

Business Risk Retail

10 Carlton Street

Halifax

HX1 2AL

 

Forgive me if this is already well-known

[Didge]

Right - I've checked my account and my cheque has been cashed.

Just a couple of questions

-Are there any hard and fast rules as to how soon after my £10 gets into their clutches I see the postman cursing my name?

-When are you considered to be 'in dispute' with the account? The Halifax now know of my intent to look through my statements, but not for what purpose, so I suppose it won't be until I've sent my first 'gimme me money back' letter?

[Guest bluecloud]

Right - I've checked my account and my cheque has been cashed.

Just a couple of questions

-Are there any hard and fast rules as to how soon after my £10 gets into their clutches I see the postman cursing my name?

 

Unfortunately not. My first request was fulfilled within a week. My second request took 38 days. My partner's request has lapsed (day 40 today), so a non-compliance letter will be sent tomorrow morning.

 

-When are you considered to be 'in dispute' with the account? The Halifax now know of my intent to look through my statements, but not for what purpose, so I suppose it won't be until I've sent my first 'gimme me money back' letter?

 

You are in dispute with the account as soon as you become aware that there may be a reason to dispute the account, so you can claim that the account is in dispute from the day you send the SAR.

 

 

.

[Didge]

Thanks bluecloud - was expecting to have to wait the full 40 days before I heard anything, but at least I know they have my request and the 40th day remains firmly circled on my calendar:)

[puppylove]

Halifax seems to be making peeps wait the 40 days and 40 nights my cheque was cashed on 13th October, rang them emailed them and rang them again last week to be told they had until 21st Nov to comply so it seems like i have been waiting for ever

[Didge]

Right - this morning I find on my doormat my 'we know we've had your £10 for two weeks but honest - the statements are in the post' letter.

Think it's the first time ever I've looked forward to getting letters from the bank.

[Didge]

I've got my statements got my statements got my statements:D

Two extremely thick A4 envelopes with 145 pages. As soon as I saw them on my doormat I whipped out my highlighter and have spent the last 2 1/2 hours going through them. Got quite disappointed with the pages of nothing on them (this business makes you think skewiff) . Transferred all those numbers into the spreadsheet - and the magic figure is just a smidge over 2.5k - little more than I thought it would be, but it's all good - definitely enough to clear my Egg card and make them my next target.

So the letter is being written once I've remembered to have something to eat and if I can get my printer to work zapped off to Mr. Halifax toute-de-suite. If printer does not work, then will be knocking on friend's door at stupid o'clock tomorrow and grovelling to her.

Seconds out, round one...

[mo]

good luck,my printer packed in when i was doin mine,i hand wrote everything,it took me hours,but was worth it,good luck

[Didge]

Preliminary letter is in the hands of those busy busy people at Royal Mail

A new clock is ticking...

[Didge]

Grrr. Looks like the Royal Mail are in league with the banks - it's been a week now and my letter still cannot be traced.

Thinking about re-sending the prelim - addressed it just to 'Halifax plc' at the Trinity Road address - is there any extra detail (name/role) I could add to maybe give it a better chance of reaching it's destination?

[Didge]

Next instalment;

Looks like hanging on to see if the Post Office did actually deliver my prelim has paid off. On my doormat as I arrive home is a letter from Adrian Nixon at Customer Services, Leeds, who is sorry to hear that I'm unhappy with the charges applied to my account (not as sorry as he could be) and he's forwarded a copy of my letter to the Customer Relations dept. (Anyone know the difference between Services and Relations?)

Apparently they're going to 'deal with my concerns as quickly as possible' (that'll be a first).

They have precisely until Thursday...

LBA is being drafted about....now.

[Didge]

So - no post today with a fantastic offer I couldn't possibly refuse - shame that.

So, LBA and new schedule printed out (with yet another charge sneaked on yesterday) and will be in the hands of the Royal Mail tomorrow (Friday). And NOT recorded delivery - found out how flamin' useless that 'service' is. Just Proof of Posting will do for me.

Now I've gone from desperately wanting the postman to visit to not being exactly eager to see a full refund from the Halifax in the next 14 days - OK, I'm being greedy now and looking to that Xtra 8% - and I know the likelyhood of the full whack being offered (what just flew past my window? It was pink and went 'oink'), but the pessimist in me can just picture the legal dept. wanting to try out their new rubber stamp on my paperwork - the one shaped 'test case'...

[AWC]

Well done Didge, keep up the fight!

 

Just put of interest, does all your correspondence go to:

HBOS PLC

Business Risk Retail

10 Carlton Street

Halifax

HX1 2AL

 

I want to make sure I am sending mine to the correct address.

[Didge]

AWC,

That's where my SAR went to, but my Prelim I sent to the Trinity Road address as that's where the first acknowledgement letter was from, but my LBA has gone to Customer Relations, PO Box 548, Leeds, LS1 1WU as that's the address from my ack. to my prelim.

Seem to be going all over the place, but ending up in the right department.

Good Luck in your claim

[hillards]

Just a note that their address for service of documents is the Trinity Road one, but if they send you a pre-paid envelope then you may as well make use of it - I did...

[Didge]

Oh, look what's waiting for me as I arrive home - a letter from the Halifax.

 

Dear Miss Didge,

Thank you for your recent letter...When we pay an item against an unauthorised overdraft...incur extra costs...believe it is fair to pass these costs on to the accounts affected...(no argument from me there)

We clearly outline charging policy...commited to complying with the Banking Code... (jolly good) cannot be responsible if you authorise payments when funds are not available (they would be available if the charges were a true reflection of the cost to the bank)

We are keen to help...avoid any unecessary charges (yeah? What about the time I asked to extend my overdraft for a couple of months so I wouldn't incur charges but you said no because I was incurring charges?)

As a gesture of goodwill...offer you a refund of £1388.00 (about 50% of what I'm claiming) Future charges will stand...(if you say so) reserve the right to close account... offer available for two weeks from today's date...

 

Well, I'm sorry Ms. Karen not-even-signed-personally Fraser, your lot caused me so much grief and heartache when I needed help, that £1300 is not going to cover it, especially as I have a rack of new charges coming up, so the only thing I'll be sending back to you is your pre-paid envelope with my Response to settlement letter in it.

 

Now, where's that template...? Oh yes, for some reason I'd already saved and personalised it.

 

Might just wait until after the holiday, then there'll probably be some more charges to add. Question here - as I think there will be more charges, will I have to send another schedule with my rejection letter?

[hillards]

Yep - standard letter, similar to the one everyone else gets but with your details added in.

 

Check my thread (http://www.consumeractiongroup.co.uk/forum/halifax-bank/39442-old-dj-halifax.html) and see what I did. By all means send the letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

Then, given them a week or so after you've sent your letter, and ring the person who sent your offer letter - 'Karen not-even-signed-personally Fraser', the number should be on the letter. Ask her if she's prepared to settle before you lodge your court papers. Policy seems to be to offer almost 100% there and then!

 

If you get no joy with her, and I don't see why not, then at least you tried to save them money. If you have to file a claim at court then they'll have to repay your court costs and the 'little extra' 8%.

 

In the meantime, if you incur extra charges then add those to your schedule and send it to them with a covering letter. You can keep adding these right up to the time you file at court. Just keep sending them updated ones.

 

Totally up to you which path you choose - you started out asking for repayment of charges, and phoning them will probably get you that, or very close. If you do settle then you've won. If you're still not happy then go to court. It just costs them more in the long run and you get a bonus from the added interest.

[Didge]

Just filling in my N1 form to take down to the court on Tuesday - just want to make sure it looks OK to you lot:

 

Claimant

Miss Didge

Address

 

Defendant

Halifax plc

Trinity Road

Halifax

HX1 2RG

 

Brief details of claim:

Money claim for return of penalty charges applied to the Claimants bank account by the Defendant (do I need to elaborate? It does say 'brief')

 

Value

Charges £2784.00 (Figure just of basic charges)

Overdraft Interest £71.83 (the little bits)

Interest under s.69 County Courts Act 1984 £632.12 (what the spreadsheet worked out)

Court Fee £120.00

Subject Access Request Fee £10.00

TOTAL £3617.95 (all of the above)

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £00.63 OR at such rate and for such periods as the court deems just

 

Ticked 'NO' for Human Rights

 

Particulars of claim

1. The Claimant has an account ******** ("the Account") with the Defendant which was opened on or around September 1984

2. Since January 31st 2000 the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £2855.83 and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

d) Subject Access Request Fee of £10.00

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

 

Full Name

'No solicitor' in space for solicitor's details

My neatest 'X' in the signature space

 

I have filled in the boxes at the bottom of page 1 (defendant's address and the amount claimed boxes) - is that what I should be doing?

 

And I've left the Claimant's Address Box at the bottom of page 2 blank as my details are already at the top of the form - again is that OK?

 

Once I'm certain it's OK, will be printing out three copies of N1 and my Schedule of Charges (including interest this time) - one for me and two for the court.

 

Please forgive the strawberry-blonde questions, but just want everything to be right

 

Ta:)

[Michael Browne]

You don't need to include court fee under the Value section, it's added automatically

[Didge]

Thank you Michael

 

Will amend and print out ready for Tuesday.

[Didge]

Well, been and gone and done it. Filed my N1 at lunchtime today. Butterflies in pit of stomach as walking down street - never had to go near the court! Very nice lady behind the counter, seem impressed at my printed out form.

So just got to wait for their letter informing me when they've served the Halifax...

Was half-expecting a letter on my doormat when I got home tonight, with a juicy offer inside, then I'd have thought 'oh no - what do I do?' - but that didn't materialise, so they can't ignore me any longer - I am not going to back down

Oh well, I'd been doing so well not biting my nails for weeks...

[Didge]

Just received my Notice of Issue document

 

Court posted today 4th Jan 2007

Deemed served 6th Jan 2007

Reply must be by 22nd Jan 2007

 

Going to go over the FAQs for this stage again... might stop me biting more of my nails;)