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Weller11 v Halifax


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Hi there. I have read through the forum and need some advice before starting to claim back charges but its a long story so please bear with me. I have held a Halifax current account for a number of years and have a large overdraft facility (or had). I have always kept within my limit until recently when due to personal circumstances I have gone over the limit and therefore been charged £30 per time (at the moment total charges are approx £700) and I am over the my O?D limit. As such my account has now been suspended - meaning I can't use it I guess. I called the collections department a couple of times last week and have never had such abuse thrown at me - they were really rude and nasty to me even though I was in tears, sobbing down the phone, telling them I wanted to sort it out, could they help?, needed to pay mortgage etc. Anyway their answer was a flat no! Anyway, I am in the process of opening a new account and want to know if I claim with the Halifax and am successful, will they pay me by cheque or direct into the account as I don't want it paying in the account as I am going to add the debt to my DMP with the CCCS. Is it a hard process and if it goes to court will they through it out due to the large O/D, i would hate to sit in front of a judge and try and justify my O/D. I also am loathe to speak to the Halifax again as they were so rude and I can't do anything about it anyway. I have stopped all payments going into the account so I have funds and am in the process of changing all DD's when I get a new account. Anyway, thats it I guess so any advice would be very, very much appreciated. I know I sound awful cos I've got into such a mess but really I am not. If you can help, i would be very grateful as not sure where to start. Have got a list of all charges as they send my letters to my online banking facility. Where do I start? I feel really cheeky even thinking about this when I owe them so much money!!!!!!!!!!!

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Hi there. I have read through the forum and need some advice before starting to claim back charges but its a long story so please bear with me. I have held a Halifax current account for a number of years and have a large overdraft facility (or had). I have always kept within my limit until recently when due to personal circumstances I have gone over the limit and therefore been charged £30 per time (at the moment total charges are approx £700) and I am over the my O?D limit. As such my account has now been suspended - meaning I can't use it I guess. I called the collections department a couple of times last week and have never had such abuse thrown at me - they were really rude and nasty to me even though I was in tears, sobbing down the phone, telling them I wanted to sort it out, could they help?, needed to pay mortgage etc. Anyway their answer was a flat no! Anyway, I am in the process of opening a new account and want to know if I claim with the Halifax and am successful, will they pay me by cheque or direct into the account as I don't want it paying in the account as I am going to add the debt to my DMP with the CCCS. Is it a hard process and if it goes to court will they through it out due to the large O/D, i would hate to sit in front of a judge and try and justify my O/D. I also am loathe to speak to the Halifax again as they were so rude and I can't do anything about it anyway. I have stopped all payments going into the account so I have funds and am in the process of changing all DD's when I get a new account. Anyway, thats it I guess so any advice would be very, very much appreciated. I know I sound awful cos I've got into such a mess but really I am not. If you can help, i would be very grateful as not sure where to start. Have got a list of all charges as they send my letters to my online banking facility. Where do I start? I feel really cheeky even thinking about this when I owe them so much money!!!!!!!!!!!

 

 

Ok please dont worry we are all here to help, Firstly you can claim back these charges and the fact you have an overdraft makes no difference. You can request a cheque as settlement however they may just pay the cash into the account but this will still lessen you debt. As for feeling cheeky they should be ashamed of their conduct so getting your cash back will be all the sweeter. You need to send the prelim letter of requesting a refund of al your charges. You might also consider regarding threads regarding contractual interest, this will icrease your claim by a considerable amount.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

Contractual interest

http://www.consumeractiongroup.co.uk/forum/general/7252-new-way-looking-interest.html?highlight=contractual+interest

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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please can somebody help me as I am sat here in tears and have to nobody to talk to and don't know what to do. I have posted before regarding claiming back charges from halifax and i admit i am over my overdraft limit - some of which is the charges. i have just had a phone call from halifax more or less accusing me of theft (the person I spoke to called it theft) as I have spent money that I wasnt allowed. I have no way of paying the money back as I won't have anything to live on or pay my mortgage (I have a DMP with the CCCS) and was going to include my OD with them and am in the process of opening a new basic account. Now I am scared to death that the police are going to come round and arrest me due to this "theft", I know I shouldn't have spent the money but I did and there are also some cheques to come out of my account that I wrote the cheque guarantee number on. Is this more theft? Please can somebody help me, I told the Halifax i would pay money in by Friday but I have no way of doing this. I don't know who else to turn to and am in aterrible state and dont know what to do.

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Hi Weller, I am sure the police wont arrest you, I am no expert on overdraughts as I dont have one, I would think the most they can do is charge you for going over your limit. I am sure someone will reply shortly with better advice and info, try not to worry and make yourself ill.

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Hi, First of all - calm down. You will need to have a clear head.

 

This site will help you deal with reclaiming the unlawful bank charges that the Halifax have applied against your account(s).

 

If your problem is deeper than this then scroll to the top of the page and you will see a green box with a picture of a troll, sorry, Martin Lewis. This is a link to his website moneysavingexpert.com (and he is bless his little cotton panties!!!) Within this website are articles and links to dealing with debt. I'm sure some of the marvellous people on the other end of these links can help.

If not, I know for sure that the CAB - Citizens Advice Be(something) website can give useful pointers and help.

So calm down. It is not illegal to be in debt until a court says it is! So you won't be arrested.

I'm no lawyer so don't use this against me. Just try some of the things I suggest then get back to us!

 

A D

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

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Hi Weller.

 

Firstly, going over your overdraft limit is not theft. It is simply exceeding your overdraft.

It happens all the time. If you are paid into the bank on a regular basis, they will deduct it from your account at your next deposit.

Secondly, I would consider making a complaint to either the bank or the Ombudsman regarding the way you have been treated. This Employee has obviously caused you considerable distress. Did you get his name?

If not, their calls should be recorded and you should be able to ask for the name of the employee with whom you were last in telephone contact.

He has clearly gone beyond the limits of his authority and his employers should be made aware of his conduct.

 

As Aaronsdad says, you can get advice from many places and this site may have other similar cases documented in threads.

Have a look around the site and you may find some help and hopefully some peace of mind.

 

Best of luck with your claim.

09/10/06:Halifax claims opened with prelims

claim 1 = 1392.38

claim 2 = 1437.74

claim 3 = 1480.76

claim 4 = 0185.32

Changed tactics.

1 claim of £4600 submitted - will travel to england to go to court if required.

 

27/10/06: LBA sent

01/11/06: Recieved an offer of £764

05/11/06: Refusal of offer sent

11.11.06: MCOL submitted

13.11.06: MCOL issued

16.11.06: MCOL aknowledged

17.11.06: recieved withdrawal of offer letter - too late, it's already with court!

27.11.06: recieved written confirmation from Northampton County Court. Still no correspondance from Halifax. They have until 15/12/06 to respond.

O1/12/06: Settled in full, including interest.

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please can somebody help me as I am sat here in tears and have to nobody to talk to and don't know what to do. I have posted before regarding claiming back charges from halifax and i admit i am over my overdraft limit - some of which is the charges. i have just had a phone call from halifax more or less accusing me of theft (the person I spoke to called it theft) as I have spent money that I wasnt allowed. I have no way of paying the money back as I won't have anything to live on or pay my mortgage (I have a DMP with the CCCS) and was going to include my OD with them and am in the process of opening a new basic account. Now I am scared to death that the police are going to come round and arrest me due to this "theft", I know I shouldn't have spent the money but I did and there are also some cheques to come out of my account that I wrote the cheque guarantee number on. Is this more theft? Please can somebody help me, I told the Halifax i would pay money in by Friday but I have no way of doing this. I don't know who else to turn to and am in aterrible state and dont know what to do.

 

 

Take a deep breath. Make yourself a cup of tea. And breathe some more.

 

- First of all, how much are you talking about? In total? How many cheques? And how much over your o/d are you at at the moment? And how much of that is charges?

 

- You say you were going to include your OD with them? Who's them? The new bank? Have they agreed to let you have an o/d?

 

- You can't pay money you don't have. That's really simple as that. You need to write a letter stating that part of the o/d money is made of unlawful and currently disputed charges, and that what you actually owe at the moment is £xxx. Tell them you will repay it at the rate of £x pounds a week, and that if they want more, they can take you to court and see what a judge will allow. Furthermore, tell them that you do not give them the permission to contact you by phone, and that any communications from now on must be in writing.

 

Get your charges reclaim on the road asap.

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Thanks for replying everybody - my overdraft limit is 10k and I am probably about 2k over that - about £900 in charges. I was going to include the od with the DMP with the CCCS - whom I have now spoken to them and they will include it - not very willing though as debt has accured after started DMP. Just need a new bank account now.

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Hi Weller,

 

Don't let them get to you. Do start fight back now you've found this site. There's always lots of support available.

 

See here for basic bank accounts which accept those with less than perfect credit rating:

 

http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html

 

You will get back on your feet soon.

 

All the best

 

Zoot

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Hi Zoot

Regarding the ER claim you made, I would be intersted in pusuing this and wonder if you can tell me if you have to write to the mortgage company first to find out what the ER fee was as I can't remember. Lenders were Birmingham Midshires, Kensignton and GMAC. Do you have to state the amount in your first claim letter or wait till they rely. Apologies if I am on completely the wrong thread but don't know my way around yet. Also, is there a step by step guide regarding ER's? Any advice much appreciated! By the way, congratulations and your letters were superb. Thanks.

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Hi weller,

 

Its relatively early days with ERCs. Mine was the first successful claim on the site and I think there have been seven or eight since. Including three or four from Birmingham Midshires. There are also several claims involving Kensington and Gmac but they seem to be using every delaying tactic in the book!

 

If you already have your redemption statement you can start straight away. Although if you don't you can request this info through a SAR in the normal way. Also if you have any late payment fees on the mortgage you woulld need to do a SAR to claim these.

 

See SAR template here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

Have a good read through the mortgage forum before proceeding and if you need any help just shout. The mortgage forum is located under the other 'institutions forum'. You might want to start a thread in there when you are ready to proceed.

 

Once you have all the info you need to proceed yu can use the template Preliminary letter in my thread (page one post 14) after 14 days you then send the LBA (letter before action) which I think is about page 3 of my thread. After a further 14 days you can then issue your court claim. The process is basically the same as the bank charges although some of the wording of the letters and particulars differ.

 

Hope this helps

 

All the best

 

Zoot

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Hi, just about to start my claim and have a couple of questions. Does anyone know the correct name/address for the Halifax to send the claim and also regarding the schedule of charges - do I just type this out in a list and attach it to the letter or is there an actual form you need to fill in?

Oh, and another question - have been advised to post on the Halifax forum but can't seem to find my way around site so don't know how to get there - please help with directions!!!! My excuse is I have never been a member of a forum before and am not very technically minded!!!!!!!!!!

Thanks in advance.

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Hi there, just about to start my claim and wondered does anybody have the correct name/address of the Halifax to which to send it to. Also, reagrding the schedule of charges, do I just type a list of the charges and attach it to the letter or is there a particular form that I need to fill in.

I'm just starting out so please bear with me if I ask a lot of questions, some of which may sound stupid. Any advice much appreciated and loook forward to speaking to some of you soon. Very nervous but feel a bit enpowered too!!!

Thanks in advance

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Hi, and Welcome to CAG website. For a link to the Halifax forum, click here . Bookmark it for future reference. Scroll down a little and on the left of the screen you will see "New Thread" button. Start there and any questions you have about your claim progress, always post in your thread. It makes it easier for the back-stage team to help you.

 

This is a self help site. All the information is here but there are occasions where you will need confirmation and clarification. Please feel free to ask.

 

The site has everything you need. You need to read the FAQ's and the step-by-step instructions.

 

Your template letters are here and your spreadsheet can be found here . I used the spreadsheet England-Simple-Excel.

 

Have you sent your S.A.R. letter yet? (The one that asks them to provide the Data Protection Information they hold on you and copies of your statements). If not, the letter is in the link I've just supplied above.

 

The address you're looking for is:

 

Customer Services

HBOS PLC

Trinity Rd

HALIFAX

HX1 2RG

 

Good Luck

  • Haha 1

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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I would still send the S.A.R. letter for the simple reason that it asks the banks to provide information as to "Manual Intervention". They will not divulge their internal workings but it is a relevant request. They have to justify the level of their charges and, if the process is all automated, then it's pennies to process the sending of a letter.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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Hi Weller

 

Do your online statements go back 6 years?.. you can claim that far back

 

Good luck

 

Uk. . .

  • Haha 1

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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I called to get my statements they have 10 working days to send them i am also new to this and still cant find my way around !!!! should i send the SAR letter as well even though i have paid the money for my statements already ?:confused:

statements requested 23rd Nov charged £5

statements arrived 28th Nov

sent first letter claiming £1264 on 7th Dec to halifax

halifax replied standard letter 13th Dec

second letter sent 22nd Dec :p

Halifax sent letter 22nd Dec offering £1087 full & final only £177 short of the full amount:eek:

Accepted the offer on 28th Dec on to the next one.......

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Yes, I think so, maybe just state that you have already paid for the information so this is just a formal letter requesting the information. Sorry I can't be clearer as I am not too sure myself but would think if you've paid then a SAR letter wouldn't do any harm though I think after the letter you have to allow 40 days for them to send information. If they send it before because you have paid already then all the better - you can then take the next step. Maybe have a look at some of the other threads or the link provided by Welshman in this one (Step By Step). Let me know how you get on and good luck. Apologies for not having the right answer but am knew to this too.

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Hi, am new and only just found the Halifax forum. Just about to start my claim and need some advice - I have all my statements and letters regarding charges - do I still need to send a SAR? Also, after that stage, when I send out the next letter do I just attach a list of the charges or is there a form to fill out? Another question, they are still adding charges - not for very much longer I hope though, so do I need to wait till they have finished adding them before sending out a SAR.

I apologise in advance if I ask stupid questions but not very good at this and am very nervous and scared so any support would be greatly appreciated. I am frightened to death because I owe the Halifax a lot of money but since yesterday have included it with my DMP but they don't know yet!!!!!!!!!!!!!! Will that hinder my claim? They had me in tears yesterday so I just decided that they won't going to get me into that state again and changed all my telephone numbers and included them in my DMP. Me thinks they are not going to be very happy so am scared at their response. I'm hoping that the worst they can do is write to me????????? Again, any advice so needed.

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Dont be nervous, you'll be fine. There's alot of support here for you on this forum and we'll all try and help where we can!

 

I don't know what DMP is so I can't help you about that. With regards to the charges, you can update your claim with new charges up until you file with the court, so don't worry about this. Just start by sending your prelim letter to them, stating the total amount in charges you are claiming and put all your charges with the dates they were applied to your account into a spreadsheet and send that with letter. The standard letter is in the templates part of the site. Keep reading the site and get familiar with the processes.

 

Good luck :)

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I agree totally with Madfairy but I, too, am curious about DMP?

 

A D

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

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Sorry - its a debt management plan with the conusmer credit consulling service - got in a bit of a mess last year and they really help. We pay them so much a month and they share it out amongst our creditors - a lot easier than dealing with them ourselves, and much less stress. No creditors contact us at all now. But Halifax won't be pleased now though they have taken about £900 so far in charges! So, now my overdraft will be paid back through the debt management plan and they can't charge me interest.

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