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Hi everyone,

 

Let me just get straight into cos Im stressed out and really scared >.

 

I made a claim against the Halifax for £624 back in November. They offered to settle for £570 which I accepted as £56 of what I was claiming were charges that had yet to be applied but I had been notified of. I just signed the form and sent it back to them but I never stated that it would not stop me from claiming against subsequent charges.

 

Which, of course there were. I found £76 in previous charges which I hadn't claimed and a further £450+ in subsequent charges. I sent a claim to them for £542 and asked them to stop charging me. This time I sent an LBA with a 2 week deadline that ends tomorrow. However, I've just called them (recorded the conversation which the woman was aware of) and she basically stated the Halifax do not have to return this money as I had already settled in full and they had stated all further charges would be valid!

 

IS THIS TRUE???? Can I make a small claims and a complaint to the Financial Ombudsman? I really cannot afford to not have this money. I'm in '****loads' of debt and I'm so stressed out.

 

SOMEBODY PLEASE HELP!! PLEEEEEEEEASE!

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i have seen posts on here regarding the same thing - you settled with regards to the charges detailed in your schedule of claim - therefore anything not in this schedule can still be claimed for....i think

S.A.R - (Subject Access Request) sent (Recorded Delivery) - 28 December 2006

S.A.R - (Subject Access Request) Acknowlegdement received 6 January 2007

Statements received 10 February 2007

Prelim sent (Recorded Delivery) - 13 February 2007

Prelim Received - 14 February 2007

Prelim Acknowledgement received - 20 February 2007

LBA sent (Recorded Delivery) - 1 March 2007

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Superowls is right. When you settle in full and final, it only applied to those charges in that particular claim, all subsequent charges you wish to claim for form part of the new claim.

 

Just carry on with your process, ignore them as they will tell you anything to put you off claiming.

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Shadowman,

 

If I interpret it correctly, they are basically trying to re-iterate that the charges that they have applied to your account are valid / lawful. However, if they are still charging you the £39 that they were previously, then they are still deemed to be unlawful as per the OFT. I would follow the advice from AWC & Superowls - claim again..!!

 

One of the mods - Bookworm - has just had a settlement on his second claim http://www.consumeractiongroup.co.uk/forum/halifax-bank/43066-bookworm-halifax-round-2-a.html Have a read, I'm sure that you'll find it helpful and it does contain a copy of the letter that Bookworm sent as his LBA.

 

Don't be bullied into think that you have no further claim against them - it's another stalling tactic..

 

Don't forget - It's YOUR money that has been taken unlawfully - CLAIM IT BACK..!!

 

Survivor

If you found my advice to be useful, then please click the scales to the left - Thank you.

 

Halifax - 13/01/2007 - Prelim sent

Halifax - 27/01/2007 - LBA

Halifax - 19/02/2007 - Filed N1

Halifax - 21/02/2007 - Telephone call from Halifax offering FULL SETTLEMENT (inc costs & 8% s.69) - RESULT!!

 

Advice & opinions given by Survivor are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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