Wilson v Halifax

[uklad79]

I sent of my DPA yeaterday as I rather stupidly got rid of all my statements for the past 10 years 2 months ago. I sent the £10 cheque and today noticed that they had taken the money from one Halifax account and cashed the cheque into the account I am requesting the statements for! I have no idea what thats about but it does show that they are stupid. If they didn't want to take the money why didn't they not cash the cheque rather than cashing it from one account to the other. Anyway not sure what my claim amout will be but expecting a couple of hundred. It's not big money to most people but it will help pay for a cheap holiday rather than going into some fatcat's bonus.

[jonni2bad]

It certainly is - even if it's only 1 charge, it's still your money.

 

They also did something very similar with my fee...

 

Best of luck

[uklad79]

Just got back off holiday today and a letter has come in the post from the Halifax. They said that they can not send the statements until I pay the £5 charge. Well I sent them a £10 chq with my letter which s the amount they requested. This chq was paid into my Halifax account the day after I sent it to them! In other words they cashed the chq back to me!!! These idiots are clueless and trying to slow the process. Someone in the local branch is going to get ripped to pieces in the morning as I have terrible jet lag and I am not in the mood for these wasters! Let war commence!

[jonni2bad]

They cashed my postal order, into my account -and then sent me a cheque for £5.

 

Since my account was £650 overdrawn, they effectively let me reduce my debt by £5 and still get my statements

[uklad79]

Well today 20 envelopes came full of statements added them all up on the excel sheet and it came to £281 so will get the first letter sent off in the morning.

[uklad79]

I have received a letter today from the office of the chief exec. I had emailed James Crosby a copy of my letter as I had delivered it by hand to the branch and also sent a copy to the head office in the post. When I rang up they said no letter was logged as received 10 days later so I emailed him. Anyway the letter says they are looking into it and a manager from the "Core business" will respond. Anyway 2nd letter is off in the morning they have 14 days from then or its moneyclaim here I come. They gave me a number 01422 333465 to call if I wanted to talk to them. I might give it a go in the morning what do you think?

[jonni2bad]

NO.

 

Stick to the game plan, letters, letters, letters.

[uklad79]

Got a letter today offering £90 so going to write back saying they can pay this in but I want the full amount and will move to filing in court next week.

[uklad79]

Spoke to Halifax today they said max offer is £113 and that is final they will not pay and allow a court claim as they make you sign a form for the money. I said I want all my money back and they said well you will have file in the small claims court. Now in my letter I said I would give them 14 days which will be the 3rd July, since I have spoke to them and they said they will not pay up do I still wait or do I file now?

[jonni2bad]

We would normally say allow the full 14 days, however this does seem very clear cut. Did you record the conversation?

 

The only (very) small sticking point could be that if they deny that part of the conversation and it then appears that you rushed into court action.

 

If you are not absolutely desperate for the money, then wait the 14 days.

[Michael Browne]

Some people, given such a definite refusal, go ahead immediately. Others wait the full 14 days, which is probably safest.

 

In the meantime you can register at moneyclaim, fill in your claim and then save it, so that come 3rd July it's all ready and all you have to do is click on the final submit button. That way you can take your time and at any stage go back and amend it if need be as many times as you like before you finally submit the claim

[uklad79]

I am already registered at Moneyclaim as I have just claimed gainst MBNA. I have already done my claim and saved it but I will wait until the 14 days are up I don't want to give them anything to use against me.

[Janet-M]

I think you are acting wisely .You have to prove to the court that you have acted reasonably and a court action was a last resort.The courts tend to look at 28 days of trying is a reasonable amount of time hence the time periods of each letter.

[uklad79]

Filed online today for £315 plus intrest of almost £100. Hopefully should get a fast settlement but who knows.

[jonni2bad]

Hi

 

Could you send me your claim details so that we can post in the Litigation section?

 

Claim Ref No.

Amount of charges claimed / interest / costs

 

Cheers

[uklad79]

The court have sent me a letter saying they intend to defend. Bit worried now.

[barracad]

That is standard procedure - there is nothing to worry about.

[uklad79]

Got my money back on 27th and a letter in the post today expaining it would cost too much to defend and they would not get costs if they won. £430 including intrest and court fees!

[uklad79]

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group