John Holmes v Halifax - SETTLED IN FULL

[John holmes]

Received a standard computer generated letter in response to my preliminary letter - after it apparantly took 11 days to reach the right department.

They are now in receipt of the letter before action (dated April 24th). Had a phone call Sunday morning 30th (funny this because I was told on the phone some time ago that I had to allow 14 BANKING days for them to comply because no one works on a Sunday!) the caller demanded I pay the £500 excess overdraft imediately with my credit card - I explained that because they have already taken all my money, I don't have any to pay them so they will have to wait until I get my charges back - you can imagine the conversation that followed?

Any way, this extra £500 is a direct result of them continuing to take charges from my account - it runs at about £300 per month now despite us using a credit card all the time- A classic example of spiraling out of control.

The Halifax are going to charge me 26% per month until I settle up.

What would you say is the best course of action?

I'm at the end of my tether. I would have gone under if it wasn't ror this site.

[alanfromderby]

Stick to your timetable - they can add as much as they like, they are only going to have to pay it back in the end. If they keep ringing you send them a letter stating that you are only prepared to deal with the matter in writing, and they must cease phoning you or you will take action under the Wireless Telegraphy Act 1949.

[sb2675]

FAO: Alan

I know I shouldn't post on other people's threads, but can you clarify the Wireless Telegraphy Act 1949 in layman's terms? I have tried searching on Google but all I can understand is that it has something to do with licencing. I want to be prepared for the phone calls I get as I have just started the ball rolling and I'm sure I'm not the only one who is interested. If there is a post or thread on the boards anywhere which helps, I must have missed it, so my apologies!

 

I doubt that the call centre staff who will be calling will know themselves, but just want to be prepared!!!

[alanfromderby]

More details can be found on this thread:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=2460&highlight=telegraphy

[sb2675]

Thanks for that Alan.

 

I have read the thread through and it certainly will help in many other areas of life, not just with banks!!

 

If you haven't read it, John, it will definitely help with your quest. Good luck!

[John holmes]

Sent preliminary letter April 1st - no response.

Sent letter before action April 24th - the delay was because I 'phoned them to ask if they had received the Prelim. and apparently it took eleven days to get to them?

'Phone calls started on April 30th demanding I pay back excess - these escalated to three or four calls a day.

Claim issued on May 8th, deemed served on May 14th

Halifax indicated intention to defend all of the £1,889.03 claim on May 17th

After being 'phoned every weekend - their favourite was 0800hrs Sunday morning - I suggested to them that they ask their legal department to investigate the Wireless and Telegraphy Act 1949 as they may be breaking the law "everything we do is perfectly legal I assure you and we will continue to ring you until you pay the money we are asking for......we haven't decided yet how many times a day we will ring."

 

Since then, no more 'phone calls so; THANK YOU FOR POINTING ME IN THAT DIRECTION !

 

At the moment I'm battling with the default notice and their threat to take further action through the Court or Collection Agents. I'm making no progress on the 'phone and my letters are not being answered.

 

Thank you once again for the W&T Act 1949. Any further advice?

 

Presumably I wait untill all this is over before I begin the claim for the other charges that have accrued since.

[Feux Verts]

This has little to do with the Wireless Telegraphy Act but more to do with Section 40 of the Administration of Justice Act 1970 and possibly the Malicious Communications Act 1988.

 

Harrasment by telephone is illegal - log the calls, phone BT to confirm and then issue a summons. Good Luck.

 

Can I suggest to ALL users of this forum that you do NOT give the banks your phone numbers unless you want it passed round all the other creditors who will think it fair game to call you and harass you as well.

 

Deal in writing - e-mail, fax whatever but keep a paper trail. You are then in Control - not some faceless wonder behind a telephone who is attempting to manipulate your response.

[blasthebank]

Having read through your comments here, may i just say thankyou for providing that information. I am definately sure it will be used in a successful way by a lot of people on this site.

[John holmes]

Thanks to all the help and encouragement from every body who offered advice. the Halifax have paid in full the £1,889.03 we were asking for.

Their intent to defend the claim in full was filed on May 17th.

They wrote to me on May 23rd and informed me that the money had been paid into the bank account that they had closed.

Since they had demanded we surrender the cheque books and cards in order for them to "resolve" the default, I have written to them to ask that they issue a cheque to me to the value of the court fees. Be aware of this ! They at no time asked how I would like it to be paid. Perhaps I was being naive.

Of course this is all done "without liability" because the cost of defending would have been too much to recover (I wonder how much in coparison to their lavish TV adverts ?)

 

Now on to stage two to recover all the charges incurred while I've been fighting this one. Preliminary letter tomorrow. We'll see if it follows the same course.

 

As Curtis Mayfield would have said (if you can remember him) "Keep on keeping on"

[jonni2bad]

CONGRATULATIONS

This is great news, well done.

Would you please fill out our survey - HERE

(and don't forget we can only survive if we get donations!! cough cough)

[mechs]

Wonderful news John! Congratulations on not only getting your money back ... but winning!

[blinkyblinkyblonk]

many congratulations

 

it is sooooooooooooooooo exciting.

 

well done

 

 

"we will not we will not be moved!

[riskey9]

Well Done!!! I'm All Fired Up And Ready For War, Love To Hear Success Stories It Gives You The Will To Know That We Can All Win. bring It On!!!

[John holmes]

This topic was closed on 09 March 2019.

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