Mamakin v HBOS

[mamakin]

13th March Missing statements arrived

17th March Prelim sent

24th March A further set of statements arrived (SAR ordered ones I presume)

24th March 'We're sorry to hear you're unhappy letter' arrived

24th March LBA sent

 

sorry, just a typo

[mackem67]

I sent a request for list of charges without a £10 payment to my local branch in Durham.

 

Got letter back 2 days later to say they will send me statements with charges highlighted free of charge in the interests of customer service.

 

JUst got to wait and see how long that takes ....

[mamakin]

 

Got letter back 2 days later to say they will send me statements with charges highlighted free of charge in the interests of customer service.

quote]

 

Above and beyond the call of duty!!! Hmm, why are they sudden;y being so compliant.

[mackem67]

I have no idea mamakin, but we don't know how long they are going to take to come lol

[mamakin]

Lies lies lies.

 

Just got through to Customer Relations after being kept on hold for half an hour.

Told them I was due to file in court on Monday and was wondering if anybody was willing to make me an offer to settle before it got to that stage.

She pulled up my details and started spouting on about 8 weeks blah blah blah.

I said I'm due to file in court on Monday, regardless of your timescales. She said we only received the complaint on such and such date. We couldn't possibly have had time to deal with it by now. then some more rubbish about 4 weeks blah blah blah.

I said it's fine, I'll just file on Monday, I just thought by giving someone the chance to settle now, it would save you court costs and the 8% on top. She still carried on with the 8 weeks/4 weeks stuff, so I said ok, bye.

What a waste of time.

[mamakin]

17th March Prelim sent

24th March 'We're sorry to hear you're unhappy letter' arrived

24th March LBA sent

 

I know my timescales seem a little off, but the way I seen it, I gave them 14 days to reply to my prelim letter, which they did in 7 days. That was their choice to respond early, not mine, so therefore why do I have to wait the full 14 days before sending the LBA? Hope it doesn't mess anything up though. Just so excited at getting a response I shot my LBA straight off :-/

[alanfromderby]

That is fine - however, if they respond to the LBA saying that they are "looking into the matter" then you should wait for the 14 day deadline before you take action. Of course, if they reply saying "get stuffed" (or words to that effect), then there is no reason why you could not go ahead and issue a claim immediately.

[mamakin]

Well I've had no response to the LBA and the 14 days is up on Monday. Just thought with the easter hols approaching and the bank shutdown for 4 days, they might have offered to settle. Oh well, worth a try

[Yorkie110]

Hi Mamakin,

 

I'm in exactly the same situation as you my LBA deadline runs out on Monday. I'm hoping for a call or offer tomorrow if not I'll be filing with the courts on Tuesday. I've not bothered ringing them as I am claiming on behalf of my wife.

 

Good Luck

Yorkie

[mamakin]

Hi Yorkie

 

Good to know there's someone else in exactly the same position. I mean hundreds on here have been, but at the same time I mean lol

It just puzzles me that's there's no rhyme or reason to when they will make offers over the phone and when they won't. I just thought I was doing them a favour since during 4 of their '14 days' they'll be closed ;-)

[Yorkie110]

I'd wouldn't try and do them any favours just stick to your deadlines. I will file a claim through MCOL on Tuesday as I haven't heard anything today. I presume you will be doing the same ?

Keep me posted as to your progress as it will be interesting to see how they handle our claims.

 

Good Luck Again

Yorkie

[mamakin]

Yeah I'll be filing on Tieday. No doubt I'll get stuck somewhere along the line and holler for help

[mamakin]

I was due to file on Tuesday 10th but due to lack of funds wasn't able to do it until tonight. I got home to a letter offering me £1609.00 of my £2300.00 claim. I tried calling the number, telling them I would be filing tonight unless they offered the full amount, but for 45 minutes I couldn't get through. And then the office closed. I will try again first thing in the morning, and if I get no joy I'll then file.

The letter states, "to accept this payment, in full and final settlement of your complaint, you do not need to take any further action as the payment will be credited to your account within the next 14 days."

 

Why do some people have to sign an acceptance form and some don't?

[sharkie]

Its up to you if you want to accept, however I would file, I had the same sort of offer at about that stage, when I took Sainsbury's (administered by HBOS), I filed, the offer will go up.

 

Sharkie

 

Sharkie - V - Woolwich = Won

Sharkie - V - Sainsbury's Visa = Won

Sharkie - V - HSBC = Won

 

 

Perscriptio in manibus tabellariorum est.

[mamakin]

Very very very frustrating.

 

I have been trying to contact Olga Newman who is dealing with my claim since 9am this morning. I've spoken to 6 other Halifax employees who have also been trying to contact her or one of her team on my behalf. They have emailed her twice, put numerous notes on my account, and all to no avail.

I just spoke to a very nice lady who said she could up my offer of £1609.00 to £1841.00. Which is my total charges (£2328.32) without the interest I'm claiming. She said she doesn't have the authority to do anymore, but she is allowed to offer up to the total charge amount. So for anybody not claiming interest, they ARE allowed to do it over the phone. I said no to this, so am awaiting a call from one of Olga's team. I will give them until Monday evening, and if I've had no joy I'll file then. For £2758 total. Or maybe I should just file now anyway.

[mamakin]

I'm being led a merry dance I think. The number I've been trying ALL day has been engaged ALL day. As it still is at 18:35. The other customer relations managers numbers on here ring out unanswered, as they would at 18:35.

[mackem67]

I don't know that much about this but I thought if they offered you the full amount of charges you should really accept it.

I would only file if they DIDN'T offer that

[mamakin]

No, it's not the 8% interest I'm claiming now, it's the interest on overdraft fees. Can claim that from the very beginning as far as I'm aware.

[alanfromderby]

Certainly if they have charged you interest on the fees then you are fully entitled to claim that back.

[mamakin]

Yes, that's what it is. £1841 penalties. And £497.22 interest charged on penalties. Totals £2328. If I add on the 8% I get £2758. So as far as I'm aware, I can claim the £2328 before court stages. Was SORELY tempted by the offer of £1800 at 6pm tonight after hanging on the phone all day.....but I resisted.

[mackem67]

ahhhh I see sorry mamakin. I got my wires crossed.

I haven't asked for any interest in my claim.........was I supposed to?

[mamakin]

I would if I were you. Makes a real difference!

[alanfromderby]

It can make a difference in SOME claims, but it is very fiddly to work out - particularly where your account frequently flits between debit and credit balances.

 

Loans are generally straight forward, as are credit cards, but sometimes bank account interest can end up being extremely small sums and not worth the hassle.

 

Some people do make the erroneous assumption that interest should be added to every charge for the full duration - however, once the charge has been paid, and the balance of the account has been restored to zero, interest no longer accrues.

 

Am example would be a credit card with a limit of £1000. If you are reclaiming £2000 in charges, and the balance of your account never went above £1200, it would be difficult to justify that every charge applied to the account was subject to interest from the point it was applied, to the date of the claim.

 

Of course, this test does not apply to the 8%, or where claimants are pushing for reciprocal interest.

 

Sorry if that has just complicated issues further.

[mamakin]

Yes it has! Now I'm beginning to doubt myself!

I just used the complex spreadsheet. Put in the date of the charge, the interest free overdraft amount, and it did the rest for me. Was that not right??

[jowalshy]

Are you sure that your d/draft is interest free?