Weller11 v Halifax

[weller711]

Oh Sally - now i am totally lost, what is part 8 of the FAQ's, in fact what is the FAQ's.

I have done the following but tell me if I haven't done it right:-

 

Sent SAR - received statements

Sent Prelim letter - response stated to allow them 4 weeks

After 14 days sent LBA - still awaiting response

 

I haven't had an offer at all either part or full settlement, should I be worried?

 

Though, have received this morning a "Notice of Debt" detailing the amount owed on my OD and over limit and asking if I will pay this back by such and such a date (well, not asking really) if not it will go to a Debt Collection Agancy - have to say though, I was expecting this and am planning on including it in a Debt Managment Plan that I am in the process of setting up. Makes me sound awful, doesn't it - been in debt I mean but we have had a tough year and are just about making it right again though cant afford all minimum payments on debts therefore the DMP.

[Michael Browne]

FAQs

http://www.consumeractiongroup.c o....se-read-these/

[sallysas]

No it dosn't make you sound awful at all. I'm so good with money I owe over £10,000. I feel really cross on your behalf. Now I could be wrong but because the account "is in dispute" they cannot send it to a debt collection agency for one. For two, are you setting up the debt plan with CCCS? I am with them and would recommend them to anyone. Whoever you are with, let them know what the Halifax are saying. When my plan was being set up I had to keep making the minimum payments until my plan was implemented. But as you say you can't afford the minimum payments ask the debt management people. You are not being charged for this service are you? This is why I like cccs. They are interviewed by the BBC quite often as well because they are reputable.

 

See Michael is on the ball as usual. Where are the other 2 buses.........

[weller711]

You do make me laugh Sally, have now read the FAQ's as directed by Michael, I feel I'm annoying everyone but its really hard to take everything in and understand all the processes - oh !!!!, now I'm crying, silly !!!

 

But I still don't understand what questionarie you are filling in, is it because the bank have put in a defence - is it the one for the court? And what is Section 8? When filling out the court forms will i have to explain why my OD is so large and why I have gone overlimit?

 

I apologise for asking what are simple questions to some but I just want to make sure I get it right and the FAQ does not say anything about a questionaire, just the one if the bank put in a defence - is this applicable to me as I am not claiming over £1500?

[Michael Browne]

Section 8 of the step by step guide here:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

AQ is applicable, but no fee payable under £1500

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

[sallysas]

Don't cry. Sorry if I am worrying you needlessly. This is the 1st time I have gone through the process myself. Good for Michael. Buy that man a beer a say. Why not have a relaxing bath with some Bailey's later.

[weller711]

Oh, I see now where section 8 is - I was looking for it in the FAQ's - stupid woman - Thanks Michael and also you Sally for your support - YOU didn't make me cry - just got frustrated.

 

I think I will just take it one step at a time, ie: have now read everything so will do things only when they become necessary, will stop jumping ahead IYKWIM.

 

Michael - you can have a couple of beers and Sally, well - I will share my Baileys (lol theres not much left ), maybe I should treat myself to another bottle

 

Thank you both very much

Lisa xxx

[sallysas]

Any time m'dear. I queried my daily rate which you can charge Halifax once you have submitted your N1 because I was not sure I had done it correctly. I had as it turns out, but that is what this site is for. Help and encouragement available for all. It's still cold so we are going off to the pictures today. Taking a break from all this can be invigorasting too.

 

Did you hear the pompous twit from the banks today going on about how "Which" magazine is giving people misleading information about claiming their charges back. Backs to the wall or what?

[weller711]

Hi, Can Anybody Please Help. I Have Receievd An Offer From The Halifax For The Full Amount Claimed But It States The Payment Is To Go Into My Account - Which Is All Well And Good But I Cant Use The Account As It Is So Overdrawn And I Know It Would Bring The Amount Owed Down But My Benefits Have Been Paid Into The Account Until I Stopped Them And I Have Had No Access To Them Because Of The Od.

I Called The Person Who Wrote The Letter Up And She Said The Account Was Still Active - Received A Notice Of Debt Last Week - And Its The Halifax's Policy To Pay Into Account. In Both My Letters (prelim And Lba) I Requested Payment Be By Cheque.

 

The Form That I Have To Sign Says "pay The Money To Halifax Roll No ................." And Then Requires A Signature.

 

Please Help As I Really Need This Money

[weller711]

Plesae Help Urgently - Have Rceived An Offer

Hi, Can Anybody Please Help. I Have Receievd An Offer From The Halifax For The Full Amount Claimed But It States The Payment Is To Go Into My Account - Which Is All Well And Good But I Cant Use The Account As It Is So Overdrawn And I Know It Would Bring The Amount Owed Down But My Benefits Have Been Paid Into The Account Until I Stopped Them And I Have Had No Access To Them Because Of The Od.

I Called The Person Who Wrote The Letter Up And She Said The Account Was Still Active - Received A Notice Of Debt Last Week - And Its The Halifax's Policy To Pay Into Account. In Both My Letters (prelim And Lba) I Requested Payment Be By Cheque.

 

The Form That I Have To Sign Says "pay The Money To Halifax Roll No ................." And Then Requires A Signature.

 

Please Help As I Really Need This Money

[AWC]

Hmmm, difficult one...

 

It's up to you what you would like to do, but if it were me (and this is only what I would do) I would refuse to accept their offer unless they are prepared to hand over a cheque. In my prelim letters I requested payment by cheque only, if they insist on paying into my closed account, I might risk taking it to court on the basis that they are not agreeing to my terms - getting the money back is half the battle.

[weller711]

Thanks for that - they are saying the account is still active but sent me a "Notice of Debt" but obviously I cant use it as they have taken my card and chequebook back.

 

Do you know if there is a templete letter for this situation anywhere?

[mcgremlin]

i think if you owe them money then you need to pay it back. you cant just have the money for something else. plus it will affect your credit rating.

just a thought.

[weller711]

To be honest, I am not concerned about my credit rating - its already very bad and I take on your point that I owe them money - I do but they have taken benefits from me to pay these charges which is why I want it back.

[mcgremlin]

to be honest i dont think you stand a chance. if that went to court the judge would agree with the bank on the money owed. they would agree with the charges against you though but they would ask you to pay the over draft minus the charges that they levied onto you.

[mcgremlin]

plus the court fees

[weller711]

Sent this e-mail and copied it to Chief Exec - worth a try.........

 

Dear Ms Hollyoak

Further to your recent letter dated 29 January 2007 and your offer of full and final settlement of the charges claimed and further to our telephone conversation of today.

After receiving advice regarding your policy of only paying the settlement into the account where the charges were taken from, I wish to inform you that as I stated in both of my letters to you I require payment by cheque and as I can no longer use my account as there is a "stop" placed upon it and it is due to be sent to a Debt Collection Agency (confirmed by your Customer Service Staff) I still require the payment to be made by cheque and am legally entitled to do so.

I will return the offer letter to you, amended to show I will only accept payment by cheque, and if you continue to refuse to make the payment by this method I shall have no option but to proceed with my claim through the Courts. I have been advised that the Courts will take a very dim view of your refusal to make the payment by cheque and when my case is successful or goes to Judgement the Court will allow the Claimant to decide how the payment is made.

 

I am aware of the oustanding balance on my account and this will be dealt with in the very near future by my Debt Management Company.

I look forward to hearing from you in the very near future.

 

Yours sincerely

[weller711]

sent this e-mail and cc'd it to Chief Ex- worth a try.............

[weller711]

Dear Ms Hollyoak

 

Further to your recent letter dated 29 January 2007 and your offer of full and final settlement of the charges claimed and further to our telephone conversation of today.

 

After receiving advice regarding your policy of only paying the settlement into the account where the charges were taken from, I wish to inform you that as I stated in both of my letters to you I require payment by cheque and as I can no longer use my account as there is a "stop" placed upon it and it is due to be sent to a Debt Collection Agency (confirmed by your Customer Service Staff) I still require the payment to be made by cheque and am legally entitled to do so.

 

I will return the offer letter to you, amended to show I will only accept payment by cheque, and if you continue to refuse to make the payment by this method I shall have no option but to proceed with my claim through the Courts. I have been advised that the Courts will take a very dim view of your refusal to make the payment by cheque and when my case is successful or goes to Judgement the Court will allow the Claimant to decide how the payment is made.

 

I am aware of the oustanding balance on my account and this will be dealt with in the very near future by my Debt Management Company.

 

I look forward to hearing from you in the very near future.

 

Yours sincerely

 

[TUTTSI]

My hubby had a recent battle with Halifax, they wanted to pay his GOGW into a closed account that was fully paid up and closed. They stuck the money where he could not get it and he had to fight heaven and earth to get them to send him a chq. They stated on the defence that the GOGW had been settled in accordance with the claimant wishes. BUT NO THEY HAD NOT! now they say a chq is coming I'll believe it when a see it.

Are you saying that after all the credit card charges, interest and the court fee refund there is still no money to come back!

[weller711]

My hubby had a recent battle with Halifax, they wanted to pay his GOGW into a closed account that was fully paid up and closed. They stuck the money where he could not get it and he had to fight heaven and earth to get them to send him a chq. They stated on the defence that the GOGW had been settled in accordance with the claimant wishes. BUT NO THEY HAD NOT! now they say a chq is coming I'll believe it when a see it.

Are you saying that after all the credit card charges, interest and the court fee refund there is still no money to come back!

 

 

The last paragraph, "am I saying that after all the charges interest and the court refund there is still no money to come back" - sorry, i;m not sure what you mean - there is money to come back to me

[Bookworm]

6 threads merged, it makes your story easier to follow if it's all in one place.

 

To be honest, if you owe them more money than they owe you in charges, you do not have a case to ask for payment by cheque. The fact that they took your benefits is irrelevant, at some point you must have borrowed money from them.

 

If on the other hand, the charges reclaimed more than cover your o/d (authorised or not), they can still pay the money in your account, and you can then withdraw the difference.

 

If you're in debt with them, I am afraid they have every right to reclaim that from you. I'd be very careful about taking this to a judge.

[weller711]

Bump..............