Mr D Williams Vs Halifax - **WON**

[96lwilliamsd]

Update

 

still no letter saying they have put a defence together or not really can't wait now keep checking my balance online :o ( hopefully soon

[96lwilliamsd]

hello people

 

just recieved letter from halifax offering full refund for one account but not going to pay out the total i am claiming for i see they only paying me back for one account any advice please 1 have 7 days to reply bit worried.

[96lwilliamsd]

Most of my letters say the accounts i am claiming for at the top. and they only offering to refund one of the accounts. i must show evidence of why i am claiming £1400 odd ? should i telephone them ?

[thewifeandI]

Were all of your accounts covered in one claim? You might need to phone to get the full situation - I had two seperate concurrent claims with them and each one was dealt with in a different way. If they are all in the same claim then one person will deal with all accounts (as I understand it).

[96lwilliamsd]

how will i know they are both in the same claim ? at doesn't say that in the particulars of claim and mostly all the letters recieved from halifax has both roll numbers at the top ? any ideas

[MARTIN3030]

Do you not know what the shortfall is ?

 

You can ask them to give you an explanation preferably in writing.

You are also entitled to accept what they are offering but not as full and final settlement,and that the action will carry on as scheduled.

 

I am not sure if you are obliged to let the court know beforehand of this.

 

I do know that this situation has arose before recently tho as I remember reading it.

[thewifeandI]

how will i know they are both in the same claim ? at doesn't say that in the particulars of claim and mostly all the letters recieved from halifax has both roll numbers at the top ? any ideas

When you filed your Moneyclaim did you just state one account or many. Did you raise more than one Moneyclaim?

[96lwilliamsd]

just one claim does this mean i will have to do another claim ?

[thewifeandI]

How much are you claiming against Halifax, how many accounts is that from, and how much are they offering for each one?

[96lwilliamsd]

they are offering full refund for one account £918.00 plus interest of £95.35 and court fees £120.00 totaling £1133.35 but my claim is for £1493.00 this amount is for both accounts. this is for 2 accounts. thet refuse to offer me the extra 300 odd unless i can provide evidence

[thewifeandI]

In that case it is worth phoning them to ask why there is nothing being settled against the second account. Use the number on their settlement letter - I found them quite friendly when I called in a similar situation.

 

EDIT: Did you provide a list of charges on that 2nd account?

[96lwilliamsd]

on fone now he he to irene from halifax bring it on

[96lwilliamsd]

sorted going to send me another letter within a week with the currect amount full refund here we go yipeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee so excited

[thewifeandI]

Good stuff - congrats! :D:D

[MARTIN3030]

sorted going to send me another letter within a week with the currect amount full refund here we go yipeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee so excited

 

 

Did you tell them it has to be within the 7 days?

[96lwilliamsd]

i didn't tell them to send it within 7 days they just said it will be with you within 7 days but i did say it must be before 11th of july as thats when they should of filled a defence. thanks for the advice woman on the fone was really nice they red on the claim form it was for 1 account but i told them its for 2 so shes contacted the department for me and now they are going to send out another letter which i a assuming will be the for refund for both accounts totalling £1578.35 it will work out they way halifax have done it but my claim is for £1493.00 o well will keep it quite do doubt they will refund the claim amount but either way i will be happy and so will BAG when i donate

[MARTIN3030]

What I was meaning to say was that you obviously have to now inform the court of their settlement.

The Halifax are known to have pulled some fast ones lately so if you can get the refund before they have a chance to try and pull another .......

 

 

:grin:

[96lwilliamsd]

hi have now sent a letter to court of the current situation. and that i am waiting on reply from halifax

[thewifeandI]

I wouldn't send anything to the court until: -

 

1. The money is in your account

 

and

 

2. You have their letter of settlement

 

as you don't want them backing out thinking you've closed the claim.

[MARTIN3030]

I wouldn't send anything to the court until: -

 

1. The money is in your account

 

and

 

2. You have their letter of settlement

 

as you don't want them backing out thinking you've closed the claim.

 

 

Exactly

 

[96lwilliamsd]

G to late i have sent the information to court now anyway. but there is nothing in the information given to court saying that i wish to stop the claim just just said that i am now waiting response.

[96lwilliamsd]

just checked my account online and i am £37 over my £100 overdraft and haven't been charged funny that. is there a rule where they cannot charge me if my account is in dispute ? hoping to recieve reply this week for full refund for both accounts yipppppppe anyone know how long it take for them to refund the money into your account ?

[MARTIN3030]

just checked my account online and i am £37 over my £100 overdraft and haven't been charged funny that. is there a rule where they cannot charge me if my account is in dispute ? hoping to recieve reply this week for full refund for both accounts yipppppppe anyone know how long it take for them to refund the money into your account ?

 

Maybe the letter hasnt got to you yet as Gary Kettle is off sick ha ha.

 

They have been known to refund a charge during a claim but advise that the next one will be chargeable.

 

No firm date for refunds following the claim but they do appear to have a very predictable pattern /chain of procedure.

Have a look at the survey for settled cases.

[thewifeandI]

Mine was paid directly into the account 8 days after filing - but they do vary. It was a day or two after acknowledgement of the claim. Didn't get the letter for another day or so.

[MARTIN3030]

The pattern seems to be

 

DPA make you wait 2 weeks for statements

 

PRELIM They deny charges are unreal

 

LBA Offer around 25% of claim

 

Court papers served settle betwrrn first 7-14 days

 

 

Of course there are exeptions.........as we well know where there is an issue of default removal.

Clearly this is the issue they are waging war on to find a way around complying with.

As we hear many times they see this as their sacred cow and are battling to protect as their Oyster.