MarkF v Halifax ***WON***

[Markf]

Hi all,

I sent my first letter to the Halifax back on the 5th July. Unfortunatly I only came accross this site the next day!

Any way, The letter came from the heart and was genuine request for the Halifax to show Heart.

Did they? What do you think! The letter is below. Please pay special attention to the terms ‘legally binding’ and ‘no error on the part of the Halifax’.

Thank you for your letter regarding charges incurred on your above numbered account.

I regret to advise you that, having fully considered you request, we are unable to make a refund of the charges applied to your bank account.

I advise that under the terms and conditions of the account, Halifax can levy charges when there are insufficient funds in the account to cover items, which are presented for payment.

We trust that customers understand these Terms and Conditions when entering into this legally binding contract with us. Unfortunately, I am unable to refund any charges on this occasion, as there has been no error on the part of the Halifax.

If you need any more information, please contact our Customer Services Team on the above number quoting your roll number.

I have my statements, and they owe me £936.

Now, where is that Request for repayment of charges letter

Will keep you posted:rolleyes:

[strude]

Your right I did laugh...

Still you'll get the last laugh.

All the best with your claim.

[Markf]

Cheers Strude! I am sooooooo looking forward to the day:D

[Chimera]

tee hee hee.. made me laugh too..

infact it does everytime I look at my statements now.. account in a bit of a mess due to charges.. trying to keep in in the clear, but makes me smile to know I can claim it back. Just plaing the waiting game at the moment. want my charges paid back and my account closed.

[Markf]

Do you think at some point the banks will find away around paying people back what they owe? Knowing how tight they are it can't be long...

[barracad]

Do you think at some point the banks will find away around paying people back what they owe? Knowing how tight they are it can't be long...

 

The banks like to think they are above the law, but there is no way they are able to change the law. Therefore there is no way around paying people back.

[Markf]

Hi All,

 

Just wondering if anyone else has had problems with getting their statements from the Halifax?

 

I sent my letter and £10 off on the 10th of July. I received a letter at the end of July telling me they had been ordered, but even by mid August had not received them.

 

I phoned them up a week ago and they said they will send them again but they have still not arrived.

 

Mind you, it took 3 phone calls to get them to send a Mortgage holday payment form. It is the second time I have sent one off. The first time they refused me because the reason I put down was not good enough.

"Finances tight due to second child":confused:

 

The woman on the phone was really cheeky. She said that they only give breaks for unplanned circumstances!

 

She said if I had put down, my boiler had broken down or we found a last minute holiday that we wanted to go on that would be ok...

 

Her words were "You planned to have children":o

 

Cheeky b**ch

[yvonne125]

hi mark i had the same problem. try ringing 01422 332991 mark kellett he sent them within 3 days via special delivery i also passed this on to someone else and it worked for them to.

[Markf]

Hi yvonne,

 

I will give them until Wednesday and then I will give Mark a call:)

 

Thanks

[yvonne125]

no problem. let me know how you get on

[turbodiesel]

Markf - I have been waiting for the correct set of statements which i requested at the end of May!!

Hence my thread here:

http://www.consumeractiongroup.co.uk/forum/halifax-bank/27423-help-please-ive-fallen.html

Eventually I called a number that was suggested in a reply on my thread.

It advised to ask for Tim Boothroyd, I called and spoke to Nicola Inett.

I see you have been advised to ask for Mark Kellett.

Theres 3 different names but they all have one thing in common - The same telephone number (01422 332991)

I am still a long way off drawing my "quest" to a conclusion, but this number definately seems to be the right way to go regarding getting your statements.

Good luck m8 and keep us posted

 

TD

[Markf]

Thanks to you both. Will keep you posted:)

 

turbodiesel - Keep going.

 

I have received my statements from the Natwest today (second time of asking) and what a great feeling it is:D

 

Best hourly rate I have ever had. Took me about one hour to check through them and they owe me £712:D

 

£712 per hour....NICE

[Markf]

Good evening,

 

I sent my 'Request for repayment of charges' letter off to the Halifax of the 24th of Sept and on the 9th received an offer of £658:eek: . As they owe me just over £1700 I am going to rufuse the offer:) .

 

What should I do now?

Do I send them a refusel letter with the LBA?. I noticed that the Refusel letter in the templates mention the LBA but I have not sent them one yet...

 

 

Thanks

 

Mark

[alanfromderby]

I would combine the refusal with the LBA.

[Markf]

Hi Alan.

 

Thanks for that. I thought as much but thought I had better check..

[Markf]

Hi all,

 

Hope you are all well.

 

I am at the point now where I am going to take the Halifax and Natwest to court. The Natwest basically have told me to get lost but I did do a little better with the Halifax. They offered £658 out of the £1700 they owe me so i refused the offer.

 

My questions are...

 

1) Has anyone gone to court and lost that you know of?

2) I have had further charges since my letters. Can I add this on to my claim going through court? Or do I have to start the process again for the extra?

3) For the Halifax address on money claim online, I am going to put down the customer relations address. Has any one else got to this stage and what address did you put down? I want to make sure it's right.

 

I must say I am nervous now

 

Thanks for your help.

[Bookworm]

1) Has anyone gone to court and lost that you know of?

 

Henry v NatWest. Not one of our users, may I add, and was ill-prepared, employed a barrister who was by all account not very motivated, and Natwest used a defence so ludicrous they have never tried it again, and have paid up ever since.

 

2) I have had further charges since my letters. Can I add this on to my claim going through court? Or do I have to start the process again for the extra?

If you haven't issued your court claim yet, you can add on the additional charges. Once you have issued your court claim, any new charges will have to become the subject of a new claim, unless you can negotiate for them to be refunded at full and final settlement. Sometimes, they'll do that, sometimes, they don't. For me, Halifax did, Barclays didn't.

 

3) For the Halifax address on money claim online, I am going to put down the customer relations address. Has any one else got to this stage and what address did you put down? I want to make sure it's right.

I used my branch address from start to finish. They soon pass it on to their legal dept anyway. Send it to wherever your 2 first letters went.

 

I must say I am nervous now

Why? Because you're going to get £1700 back? DOn't worry, if Halifax stick to their regular timetable, you should have your money, let me think....Say you file by 6th, they have 14 days to acknowledge with intend to defend, then pay, so if all goes well, you should have your money by beginning of December, I reckon.

 

 

PS: Merged 4 threads, please keep all updates and queries on 1 thread per claim, it makes things easier to follow for all.

[nathal]

to amend when you have launched a claim

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

put down registered addy, you will find link in my signature

 

 

there is a sucess forum , but no unsuccesful forum

[Markf]

December would be great! No financial pressure during this time of year is always good!

 

It is just the Particulars that I need to get right...

 

Will keep you all posted

[Markf]

Hi all,

 

Could someone cast their eyes over my Particulars:D . No seriously. This is what I am going to put down in the particulars for my online claim to the Halifax. I am not claiming interest so I have omitted that part.

 

As I have already sent the schedule of charged twice. Do I need to send them again? If not I will remove that bit.

 

Just want to make sure I have not missed anything before I do the deed.

 

1. The Claimant has account (removed) with

the Defendant, opened 12/10/2003 2. Since

08/03/2004 the Defendant debited charges in

respect of purported breaches of contract.

3. Defendant is aware of all details as a

list of charges has been supplied twice,

24/09/2006 and 16/10/2006. Another copy will

be sent. 4. Claimant contends: (a) The

charges exceed the Defendant's losses caused

by the breaches; (b) The Term permitting the

Defendant to levy such charges is

unenforceable under the Unfair Terms in

Consumer Contracts Regulations 1999, Unfair

Contract Terms Act 1977 and at Common Law.

5. Claimant claims: return of the amounts

debited of £1,766;6. Alternatively, if the

charges are a fee for a service, then they

must be reasonable under S.15 of the Supply

of Goods and Services Act 1982. 7. Costs

allowed by the Court.

[Michael Browne]

I am not claiming interest so I have omitted that part.

 

Why ever not? It's money there for the asking

 

As I have already sent the schedule of charged twice. Do I need to send them again? If not I will remove that bit.

 

Yes see below

 

 

Poc's are fine.

 

 

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours Faithfully

 

 

When you receive the Notice of Acknowledgement send a copy to the bank’s solicitors.

[Markf]

Thanks Michael.

 

I fully admit I am hopeless with money so I avoid anything that may be complicated. The 1700+ will be just fine:).

 

Thanks again

[Michael Browne]

Well on £1700 the 8% interest could be £300-400, surely worth the effort.

 

Use the Simple s/s here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

 

All you do is overwrite the existing example type of charge, amount and date.

 

The days since and 8% are calculated automatically

 

Try it, you've got nothing to lose.

[Markf]

:o 300-400

 

When you put it like that, then yes, I suppose it is!

 

Is it not too late? I did not mention the interest in any of my letters?

 

I will give it a go.

 

Thanks

[Michael Browne]

S69 8% interest can only be claimed once you file at court, so shouldn't be mentioned in the prelim or LBA. That's lucky then!!!