Jackson VS Halifax

[Jhawc24]

Very new to this forum.

 

Have tried the FAQs but not sure if I'm using it right as I can find the answers to these questions I have.

 

Anyway have drafted my letter to the bank, to reclaim unfair charges for unpaid items during the past 14 months £935 in total, plus interest.

 

Does it matter that it's a joint account as long as we go through the process together?

 

I'm filling in the spreadsheet, should I add a column in for the date the charges were notified? Do I add the 8% interest on now or if I take it to the claims court?

 

It's been a hard year since my husband became ill and unable to work, and all these charges have really screwed us. Luckily(?) we have no overdraft and all our charges relate to unpaid items.

 

Thanks for any responses.

[bram stoker]

Hi. As you had no overdraft, I'm guessing no interest was charged and you can therefore claim for the charges. The 8% interest is only if it goes to court.

 

Use the template preliminary request for a refund of charges. http://www.consumeractiongroup.co.uk/forum/showthread.php?t=671

 

Best of luck.

[jonni2bad]

Hello jhawc24 and welcome to the forums.

 

Yes, you can claim for a joint account yourself - any account in fact where you are named on it.

 

You can, if it ever becomes necessary, claim on behalf of someone else, as long as you get that person to sign a letter stating such...

 

As far as your other question is concerned, it is answered in the the Frequently Asked Questions (FAQs)

 

You are either about to start, or have already started, a legal process to recover funds from a large financial institution - do not do so lightly - even if the evidence suggests that it is an easy process.

 

Spend at least a day or two going through it, as this also contains the "Case Guidance Notes" and "Step-by-step" guides etc. You will find them invaluable, and you need to do this in order to grasp the implications of the task that lies ahead of you......

 

Once you have done this, if you still have any unanswered questions, then post them here and they will be resolved in no time....

 

It really is vital to do some of the groundwork yourself. On the plus side, the benefits of a little hard work will hopefully result in a nice refund of those charges in the months ahead.

 

Good luck..!!!

[Jhawc24]

Have receive a reply "computer generated" from Lee Gardner, Customer relations today.

 

Just standard stuff investigating my concerns, will receive a reply shortly, no later than 4 weeks, customer complaints leaflet enclosed.

 

Looking forward to hearing back from them, but will not delay on my 14 day deadline.

[Jhawc24]

Just a query on my 14 day deadline, does the 14 days start on the day they received my first letter? Or from the date on the letter?

[bram stoker]

I'm not sure on this one either, but I figure that any extra days you give them will always be looked upon favourably by a judge if you ever got to court, and I'm sure an extra couple of days won't hurt. Good luck anyway.

[jonni2bad]

It's 14 days from receipt, which you automatically take as being the next working day after postage (if you sent 1st class)/

[Jhawc24]

A nice offer (not) by the halifax for £320! They owe me £969 (includes new added charge).

 

Been reading through some of the threads and this statement in the letter has come up before when we pay an item against an unauthorised overdraft or return an item unpaid, we incur extra costs regardless of the shortfall involved. We believe it is fair to pass these costs on to the accounts affected, rather than absorb them into other areas of our operations, penalising all our other customers as a result.

 

Well how come UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges"

 

:idea: If their charges are fair then they should have no problem defending themselves in court. See you there you robbing swhines.

 

[Jhawc24]

I'm just preparing a letter to say thanks for the offer kindly accepted as partial refund, not full and final. We could do with a standard one in the library section, especially for us thicko's!

 

My 14 day deadline is up on the 10th, does my LBA letter need to give them another 14 days or 7?

 

Will it be ok to put both letters in the same envelope?

 

Thanks, JJ

[bram stoker]

I'd write both in one letter. Thanks for £howevermuch and I'll see you in court for the rest.

 

It would also give a nice diversion from the standard template and personalise it a little. This'll work in your favour as they must see quite a few irrelevant standard templates that people have just copied and pasted without thought.

[Jhawc24]

This is on behalf of my daughter Cat.

 

She has sent S.A.R - (Subject Access Request), followed up by a 7 day reminder, and alas no statements - now overdue.

 

I know next step is court summons, however she has been a bit shoddy by:

1. She sent both letters recorded - but not sure if she has kept the signed for receipt!

and

2. She sent a postal order for £10 but did not write her account no or address on the back.

 

So is it best to start this process again? or should I ring them on her behalf first?

 

Any advice greatly appreciated.

[PPMAN159]

If they were sent records could she not check with the PO to see if they have been delivered and,if so,who signed for them?

 

I do not see that the postal order would be an issue-I feel that it is of more importance at this stage to see if the SAR has been received and when.

[katesage]

This is on behalf of my daughter Cat.

 

She has sent S.A.R - (Subject Access Request), followed up by a 7 day reminder, and alas no statements - now overdue. Have you made any telephone calls to Halifax to chase up the SAR?

 

I know next step is court summons, however she has been a bit shoddy by: Send letter for non compliance of SAR first, then sue for non compliance if no joy.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

1. She sent both letters recorded - but not sure if she has kept the signed for receipt! On Orange slip given to her by PO, is a track and trace number, this can be used to check status of letter online at Royal Mail Website.

and

2. She sent a postal order for £10 but did not write her account no or address on the back.

Postal Orders can be tracked by writing to Post Office, she needs to ask at PO she sent letters from.

So is it best to start this process again? or should I ring them on her behalf first?

If postal slips/payment proof cannot be found then she will need to start over......keep everything this time. Cheques are easier to trace than Postal Orders.

Any advice greatly appreciated.

 

Good luck

[Jhawc24]

Thanks for your response. Im starting over again on this one as she has lost all receipts. Will make sure I keep everything for her.

 

Have emailed SAR yet to follow this up by registered post.

 

She has some statements, is it possible to start the prelim process for return of bank charges on what she's been charged the past year? And then add on the other charges when she (finally) gets copy statements?

 

This will then shorten the time frames a little. Or is it best to wait to know the full extent?

 

Regards, Joan

[Jhawc24]

Here goes: This is on behalf of my daughter crazykat.

 

Letter from Halifax dated 1st May - no statements just a list of charges since 2004! Does it really cost a tenner for that?

 

Totalled charges £2,057 - Prelim letter dated 13th May (sent by email & recorded delivery).

 

Response dated 15th May (wow that was quick!!) 'sorry you are unhappy blah blah ... I (not we?) have carried out a full investigation of your complaint (that's quick in less than 48 hours - they must be superfantastically ever efficient) ... I am satisfied that the charges have been applied correctly to your account.'

 

So that's it not even an offer? Oh well roll on 30th May so I can send the LBA letter.

 

Any comments kindly accepted. Regards, Joan

[sea-sidelady]

You are right on track. Chances are you might not get an offer, they seem very busy at the minute...

[Jhawc24]

On behalf of Catx

 

Re:Halifax

13 May issued prelim letter for charges back £2k+.

15 May received reply saying no 'go away'. Now waiting for 14 day deadline to send LBA.

23 May have received default notice giving 28 days for £218 overdraft purely made up of charges.

 

Just writing letter to Halifax to say they cannot default account as the amount is in dispute and refer to 13.6 of the Banking Code. Have been reading through some threads which mention S10 of the data protection act. Should I mention this in the letter? any advice, kindly accepted.

 

Regards, Joan

[Jhawc24]

Bounce!!!

[Azazal23]

yeah if you are unsure dont put it in. Just advise them that the amount is being disputed and get them to hold on.

[Jhawc24]

This topic was closed on 09 March 2019.

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