GWM vs Halifax

[garethwmorgan]

I have been a Halifax customer for 15-20 years, and since they became a bank they have noticeably got worse. Hopefully the more of us who go through with this the more they might sit up and take note. Although I'm not holding my breath on that one.

 

Request for repaymet letter sent recorded delivery today (16/03/06) for last 6 years totalling circa £3100 (includes interest). Haven't worked through other my accounts yet, but will be doing.

[garethwmorgan]

I posted request for repayment letter by recorded delivery on 16th March, yet it still hasn't arrived as of 23rd March. Is the 14 days from postage date or date of delivery, even though it is no fault of mine? :?

[richardc]

Technically from the date of the letter, but as you have proof that it has not been delivered, I think you should do another and either take to your local branch - they will give you a receipt if you ask for it, or send Special Delivery. Recorded Delivery is not a secure delivery system.

[garethwmorgan]

Thanks for the advise should further letters be needed. Instead of posting again I have faxed to the Customer Care department (Fax Nr 0113 285 1170) with a request to meet the original dates laid down in my letter, as would be expected from an organisation of there size.

[garethwmorgan]

Since reading posts by gemah82 and the response by rivendale0506, I have drafted a letter which might mitigate the banks argument which I intend sending, as I have sent my 1st request already. I’ll wait a couple of hours before I fax, in case a comment is placed regarding the legal argument of delayed requests after making claims.

 

Letter reads:

XXth XXXXX 200X

BY FAX

Customer Care Fax Nr: 0113 285 1170

 

Dear Sir/Madam,

 

Data Protection Act disclosure request

 

ACCOUNT NUMBER: XXXXXXXX

SORT CODE XX XX XX

 

I have recently made a request for Repayment of Charges dated XX XXXXX 200X levied against my account with regard to direct debit / cheque payments in that they have been unlawfully at Common Law, Statute and recent Consumer regulations levied against me.

 

I have my previous six years worth of Statements noting the charges relating to my bank account. Where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you. There are no items identified as manual interventions which you may have made constituting such a charge, noted on my statements.

 

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then will you please be kind enough as to confirm this in your response to this request. You have 40 days in which to comply, but this will be running in parallel to the letter noted above.

 

Yours faithfully,

 

 

Only time will tell if this works.

[laurawilliams]

hey, keep us updated with this, I could do with ending the exact same letter too

 

[garethwmorgan]

No DPA as had statements.

First letter sent 16th March.

Absolutely no response from Halifax.

Letter before action faxed to Customer Relations Team this morning (30th March) and will also put in post later today.

 

Claim now £2,783 + interest (£3,232.80)

[garethwmorgan]

No DPA as had statements.

First letter sent 16th March.

Absolutely no response from Halifax.

Letter before action faxed to Customer Relations Team this morning (30th March) and will also put in post later today.

 

Claim now £2,783 + interest (£3,232.80)

 

Just called Halifax to request confirmation that letters received.

 

Call lasted 27 minutes

 

1st contact couldn't locate copies of my faxes.

Eventually located 1st letter but not 2nd (LBA)

Tried to put me through to branch who they said had forwarded, but I haven't been through branch, which I finally mangaged to explain.

Tried to send me through to Customer Relations Team (CRT) but went to Bank Accounts.

Bank Accounts sent me to CRT

CRT advised ALL letters sent to Service Recovery (SR)

CRT said they would discuss with SR if I would hold. OK

End up transfered to SR.

SR said letter sent to CRT today to review. Said letter had been faxed to SR in Glasgow. Wrong. I faxed to Halifax code, which SR then accepted when I told them code faxed to. SR didn't know why CRT had forwarded to SR.

SR said letter being sent to me tonight confirming letter sent to CRT to review (even though they had just told me), but will contain contact details.

Also SR said it would not probably be reviewed by the deadline I had set Before Action.

Oh Well looks like another case will be landing in Bankfodders PM on 15/16th April.

[garethwmorgan]

Received a fairly standard letter, thank you, we are sorry, we are keen to deal with your concerns, enclosed leaflet etc. etc.

 

Anyway called the number in the letter quoting my complaint reference and was told that all complaints are dealt with chronologically, and can take upto 8 weeks??? to hear back. Time for them runs out on Good Friday then its onto Moneyclaim to commence court case.

[Guest blindman]

Just a point.

 

The MCOL summons is only issued on the day the court is open if you get the claim in before 09:00.

Court (I assume) will be shut from Thursday 16:00 until Tuesday 09:00.

 

I would suggest you file the claim on THURSDAY 13th April BEFORE 09:00 as it will then be issued on that day and they have 5+14 days from then.

 

Puts you in the driving seat, otherwise you will lose 4 days.

 

You can fill the claim form in at anytime on MCOL and save it for later.

So you could spend the time from now compiling the form (the 1080 character limit -or 24 lines -is a real pain) and then submit it after 16:00 on the Wednesday night.

 

I'm sure the court (were it to go that far) would not really complain that you submitted your claim one day earlier than you said...

 

Go for it!

[garethwmorgan]

Thanks Blindman. I had thought about the BH, but thought that as it's an online registration it would register on BH and weekends.

 

All comments appreciated and noted and I will start filling in the form in readiness.

[garethwmorgan]

Claim issued today (13th April). Nice post for somebody to open on Tuesday after a long weekend. See Litigation in progress.

 

Now I'll just sit tight and wait to see what they do next.

 

PS. without starting a new thread, how do I change the first heading, as I'm well past first letter sent now.

 

???

[garethwmorgan]

I have received notice of my claim this morning from MCOL and also a letter from the Halifax offering £250 against my claim for £3275, which I will obviously refuse as final settlement. I haven't read through the letter fully yet as it arrived as I was leaving for work this morning.

 

Is there a wrong way or a right way to proceed from here on.

 

Link to my original thread (couldn't change title and I'm well past the stage in the title) - http://www.consumeractiongroup.co.uk/forum/showthread.php?t=1841

[Guest blindman]

IMHO

As you have started claim proceedings (well done!) I'd ring the Halifax contact that was on the derisory offer letter and tell them that you'll drop the case if they pay you in full.

[garethwmorgan]

Thanks for that. I only live 5 minutes drive from work, so can fortunately nip home for lunch. I will read through the letter first and then give them a call. I'll post some notes of the conversation and how it went this afternoon.

[scotia]

Dont tell them that you will drop the case....if you have submitted claim to court, follow it through. There is nothing to stop them from withdrawing offer if you drop the case, at least if you follow through claim properly you have a guarantee you will get the money

[garethwmorgan]

Thanks, I will approach my phone call in that way.

[Guest blindman]

Obviously you don't drop the case until they've paid you

 

I wouldn't be surprised if the letter starts "I tried to call to discuss your complaint but you weren't available to take my call"

[garethwmorgan]

Blindman yes it did say as expected "I tried to call you ... ..."

 

Update as promised;

 

1. Called 01422 333465 (Customer Relations) but was engaged for over 30mins??

2. Finally got through to CR, but not Manager on the letter using 08457 253519.

3. Asked what letter was responding to whether my 1st request, LBA or court claim, answer was don't know which letter but was to a letter (letter dated 3 days after end of LBA time limit), no detail of court claim yet on file (Copy Notice of Issue states deemed to be served on 18th April.

4. When was phone call? record of call made 17th April (BH monday?) but no record of number called (what a suprise, no record of call received at home i.e. no message left).

5. I advised I would not be accepting amount, but would require repayment in full.

6. As claim not yet on record CR couldn't do any more, but will make note of call and my advise that not accepting offer and require repayment in full.

7. Advised by CR that a CR Mgr will contact me in due course via phone or letter. I gave 3 contact tel. numbers so no excuse not to (home, work & mobile).

 

Halifax has until 2nd May to reply to Court Notice. Time now to just sit and wait for response.

[Guest blindman]

Glad you asked them when they called, who is this mystery (non) caller?

 

If you back onto MCOL you can see if the claim has been Acknowledged, this gives them a total of 28 days to respond.

[garethwmorgan]

FAX just sent to Customer Relations Team.

 

Thank you for your letter dated 17th April 2006, as the above reference Nr. in response to my letter (titled Letter Before Action) dated 30th March 2006, and my subsequent telephone conversation with your Helen Sutcliffe of today’s date.

 

I wish to reiterate my conversation in that I do not accept your offer of £250.00 as a full and final settlement, but will in this instance accept this amount as an interim payment, (made payable to the account detail above) against the full amount requested. Please be advised I still request the full amount as final settlement as requested in my letters dated 16th March 2006, and 30th March 2006.

 

Not withstanding my comments previously, that I am shocked that you have operated my account in this way I had always placed my confidence in your integrity and expertise as my fiduciary. You will now have received a notice from Northampton County Court whereby I have applied to retrieve the full amounts owing including all and any interests and court fees.

 

I trust you will respond to the above, and look forward to such a response. Would you please advise when this interim payment will be made to my account.

 

Please also note I will copy this letter to the court as your letter has been received after the date my claim is deemed to have been served.

 

Lets see what they do now.

[garethwmorgan]

Claim acknowledged 20th April.

 

25days max to go.

[Tinkerbelle]

Good luck! Keeping fingers crossed for ya!

[garethwmorgan]

I have received a letter from legal services querying my MCOL. I put in the claim an amount for overdraft interest, but didn't specify the amount as it can't be calculated.

 

They refer me to Rule 16.4 (1)(a) of the Civil Procedure Rules, which I have read on line, and they are right in there query. They have given me 7 days to respond.

 

But what is the best way to proceed, so not to damage my case??

 

Has any else received one?

[garethwmorgan]

Re: my letter about £250 refund, I have just had a letter back saying they offered me six months back (£250 isn't last 6 months worth??) and that I refused (if you read the letter i didn't) and that they are not prepared to refund all charges incurred. Then refers me to Financial Ombudsman.

 

I think it was Ant & Dec that sang - lets get ready ready, lets get ready ready, lets get ready to rumble.