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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
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Karen v Halifax


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Hi I am new to the site and am just about to start my action with the Halifax. Today was the final straw, I transfered over money during the Christmas period to cover my 1st of the month direct debits - my own fault really but due to the bank holidays the money did not credit until the 2 January and lo and behold today I have been charged for 3 failed direct debits totalling £117.00 plus 95pence interest so far.

 

So wish me luck, the first letter before action is going into the post today with the £10 fee.

 

Can anyone tell me whether this action can be taken regarding mortgage charges also.

 

Thanks

 

Karen

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Hi Karen welcome to the site.

Read up to prepare yourself you will find all the answers tools and advice to assist you.

As regards your question the answer is yes.

Have a look at the threads in the Other institutions folders.;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks Martin

 

I have already made an error - probably going too fast for myself. I already have all of the bank statements for the last six years and know exactly what I have been charged over the period do I go straight to step 2 and send the preliminary approach for repayment rather than having to send the Data Protection Act request?

 

Karen

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  • 2 weeks later...

Hi I sent my preliminary letter to the Halifax on the 5 January and last Friday received a reply from them stating that they received my letter on the 9 January and that they are sorry to learn that I am unhappy wiht the charges applied to my account - of course I am!!!!

 

They have put that a Customer Relation Manager will investigate the points raised in my letter and reply to me by no later than 4 weeks - do I keep to my timetable and send the Letter Before Action on Friday or do I wait for a reply from their Customer Relations Manager?

 

Thanks

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Hi I sent my preliminary letter to the Halifax on the 5 January and last Friday received a reply from them stating that they received my letter on the 9 January and that they are sorry to learn that I am unhappy wiht the charges applied to my account - of course I am!!!!

 

They have put that a Customer Relation Manager will investigate the points raised in my letter and reply to me by no later than 4 weeks - do I keep to my timetable and send the Letter Before Action on Friday or do I wait for a reply from their Customer Relations Manager?

 

Thanks

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Keep to your timetable! They will write again after the four weeks telling you that they want another 4 weeks. My LBA deadline was sat and this morning I recieved a letter requesting another 4 weeks, yeah right, I was straight on MCOL!!! ha ha, they will try to stall you every step of the way, get the big guns out!!

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Hi Karen,

You keep to your timetable and post your LBA on friday, which I'm presuming will be 14 days from your prelim letter? If you wait for one of their team to contact you, then you are loosening the reigns and giving them some power over YOUR case, besides, it may be months before you hear. In the meantime research the next step which will probably be turning down their part offer and then getting prepared for court.

Good luck!

Karen :oops:

 

05/01/07 S.A.R - (Subject Access Request) posted

07/03/07 Offer made of £457. Rejected. Offer remade of £651, accepted.

26/03/07 PAID IN FULL

 

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Hi Karen.

 

This is the typical response, designed to delay you or intimidate you.

Stick firmly to your own timetable.

You're driving this bus and you set the timetable, not the bank.

 

Good luck.

Regards, Rooster.

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Thanks everyone, Friday is 14 days since I posted the preliminary letter, my LBA is wrote and ready for printing to go.

 

Would just like to say how good this site is over the last eight years since my partner left me in horrendous debt I have struggled working 12 hr days and never seeing any reward due to the charges by Halifax, TSB and 5 credit cards. My total charges from the Halifax are £2204.00 and I was going to see how that goes before starting with the rest but after reading how everyone else has done I may start the others at the same time.

 

Incidently what is the process for mortgages? The Halifax again!! have charged me extortionate amounts over the same period most weeks I had a £25.00 late payment charge and nearly had my house repossessed, I managed a few months ago to re-mortgage with another company so I thought if I could try that one too it would help me out so much. Any advice would be appreciated.

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Your claim for charges sounds quite straightforward, therefore if it were me then I would begin to tackle them all now and get them over and done with for the summer. As you know the more you read and learn,the more straightforward it all becomes, so I see no reason why you shouldn't tackle them all simultaneously. However, you will have to be very organised and have a bit more time on your hands (or later nights) as you've got to make sure you don't get any of the accounts muddled up. Keep seperate files for them all and try to prepare as much in advance as possible. Good Luck Karen :)

Karen :oops:

 

05/01/07 S.A.R - (Subject Access Request) posted

07/03/07 Offer made of £457. Rejected. Offer remade of £651, accepted.

26/03/07 PAID IN FULL

 

Your Site Needs You!

and we need this site!

 

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Keep to your time table Karen. The letter you have received is a standard first letter.

 

Uk

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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As a heads up on Halifax, I had exactly the same letter first time round. Stick to your 14 day deadline. They then offered me 75% of my original claim in their next letter. Bit of a turn around. I filed with MCOl anyway and they have until today to acknowledge my MCOL claim. I can't wait to get cracking! They will cave so stick with it!

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Hi, I am new to this also.

 

It seems I am at a simlular stage as you, I received the same letter explaining someone from the customer relations dept will investigate and get back to me within 4 weeks. That 4 weeks is up today and I have not received anything, I have just sent a LBA and pointed out my disappointment in them for not fulfilling their promise.

 

I will keep you posted to my progress

 

Pat:-)

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Hi, I am new to this also.

 

It seems I am at a simlular stage as you, I received the same letter explaining someone from the customer relations dept will investigate and get back to me within 4 weeks. That 4 weeks is up today and I have not received anything, I have just sent a LBA and pointed out my disappointment in them for not fulfilling their promise.

 

I will keep you posted to my progress

 

Pat:-)

 

 

Ok please start your own thread, also it is your timetable and not the banks do not let them fobb you off. Send the LBA then if they dont reply file your claim.

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  • 2 weeks later...

Hi everyone. I sent my LBA on Friday recorded delivery and this morning received a letter from the Halifax dated 23 January so I presume it is in response to my LBA explaining their point of view regarding charges but as a gesture of goodwill they are offering me a refund of £1283.00 in respect of my charges (the total I am claiming from them is £2204.00). Reading through people's postings am I correct in thinking that I should reply to this letter stating that I will accept this amount in partial settlement? The write has said if I am not happy with the offer would I telephone them to discuss it further - would you telephone or go to the next stage. Incidently is there a template for the partial settlement acceptance letter?

 

Thanks

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Yes there is a template that you can use.

Remember that you are doing this your way, so by all means send the acceptance of partial offer but stick to your 28 days (Prelim + LBA), they will probably not pay out what they offered you anyway when you refuse it as final offer. Therefore unless the full amount has been offered before the 28 days is up, then you must proceed to the next step which is court action.

Karen :oops:

 

05/01/07 S.A.R - (Subject Access Request) posted

07/03/07 Offer made of £457. Rejected. Offer remade of £651, accepted.

26/03/07 PAID IN FULL

 

Your Site Needs You!

and we need this site!

 

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Hi everyone, just an update really I have telephone the writer of the offer letter today and as I need the money, due to the fact that I am on jobseekers allowance and am struggling I have accepted a goodwill gesture from the Halifax of £1800.00 against the charges of £2204.00, he asked me to tell him a figure I would accept and to be honest I was expecting him to negotiate but I said £1800.00 and he accepted that straightaway I wish I had gone a little bit further now to around £2000.00 but I didn't think it would be so easy. He told me that a revised offer would be sent out in the post on Tuesday and the money will be put into my account 7-10 days after I have sent back the acceptance.

 

Yesterday I sent my SAR in relation to my mortgage with the Halifax and this one I will take the whole way as I worked out roughly that they took around £2800.00 and with the £1800.00 that they are giving me back that will keep me afloat for long enough to go the whole way.

 

I would just like to say thank you to everyone on this site, this money means a lot to me and I never imagined I would get back a penny of it never mind £1800.00.

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  • 2 weeks later...

Help!!!

 

I don't know whether I have messed up big time but my acceptance form came in the post on the 30 January. With the acceptance form there was a standard letter with a paragraph in it reading as follows:-

 

"I confirm as a gesture of goodwill I would like to offer you a refund of £1800.00 in full and final settlement of your complaint. You have confirmed that you are willing to accept this offer. I must stress future charges will stand and we reserve the right to close your account if you do not manage it correctly. To accept my offer please sign and return the acceptance form in the pre-paid envelope provided. On receipt of your signed acceptance a payment will be made within 14 days"

 

I signed the acceptance form but was not really happy with the comments in the above paragraph so I put in an extra letter with a paragraph as follows:-

 

"I do understand that you reserve the right to close my account if it is not managed properly and accept the offer of a refund of £1800.00 in respect of my complaint as a gesture of goodwill. However, should there be any further charges whihc I will respectfully try and avoid I will reserve the right to make a further complaint

 

I enclose herewith the official acceptance of your offer duly signed and dated and expect to have the funds deposited into account number ******** within 14 working days, if the funds are not desposited in this time I reserve the right to withdraw the acceptance of the offer and take the whole matter to court without any further notice".

 

Yesterday I telephoned the writer to ask if he had received the acceptance form and today he has telephoned back to inform me that due to the above paragraph being included in my letter, I am not actually accepting the offer correctly and the matter is now going up to Head Office for them to deal with which could take up to 8 weeks.

 

Is this just a delaying tactic or have I messed up big time by adding that paragraph in my letter? I did tell him that it is now over 14 days since I sent my LBA and if I do not get an answer within the next week I would continue with my earlier action and take this matter to court. He then informed me that the 14 day rule is a fallacy and the Halifax are governed by the FSA who give them the right to deal with complaints within an 8 week turnaround period is this correct?

 

Does anybody have any suggestions of what I should do now?

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I've been thinking over this today could someone help me out as to which is the best thing to do:

 

1 Issue another LBA giving a revised spreadsheet to include another charge from the end of January 2007

 

2

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I've been thinking over this today could someone help me out as to which is the best thing to do:

 

1 Issue another LBA giving a revised spreadsheet to include another charge from the end of January 2007 giving them notice of my intentions or

 

2 Go straight to issuing a MCOL as my original LBA was posted on the 19 January and has therefore gone over the 14 days

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