Photovoltage vs Halifax

[Photovoltage]

Well here goes...

 

I've not needed to get HFX to send my statements to me as I've kept all my statements since I opened the account in around '98 (is that weird?).

 

Spent an evening going through the last 6 years and have come up with a total of £1534 in charges applied to my account. I sent off the letter on the 2nd of Feb.

 

Received a reply dated 6th Feb which says that a CR Manager will investigate and reply shortly but no later than 4 weeks. On the same day in the post I received a letter from Blair Oliver and Scott dated 7th Feb saying that they have been instructed by their client to recover in full my outstanding overdraft amount.

 

I will be writing to Blair Oliver and Scott (Who, after some Googling I've found out are just a subsidiary of Halifax). To let them know that the Customer Services Department are dealing with me and that I will be in touch shortly but no later than 4 weeks.

 

I'm very determined to take this all the way if I need to - and I'm very glad that there is such a good resource available for everyone to use on this forum.

[Photovoltage]

Recieved a letter on 2nd March

 

Further to our letter of 6th February 2007. I'm sorry that you have not yet had a full response to your concerns.

 

We're still investigationg you complaint, and you will receive a response from us as soon as possible but certainly no later than 2nd April 2007....

 

Sent off my Letter Before Action today.

[Photovoltage]

I posted my LBA on the 19th March last monday (not the 8th as it sat in my car glove box for a few days).:o

 

Now I've just been to the royal mail website and phoned up their customer services to check that my letter had been received. It hasn't.

 

According to the csr at royal mail she said that although they try and get first class post there in a couple of days it's not a guarantee and that I should try again on Thursday or Friday. Really 10 days for a recorded and signed for first class letter to arrive??

 

Perhaps the banks are bribing the royal mail not to deliver any letters they think might be legal proceedings against them.

[smoorach]

all this means is that the numpty who collected the signature hasnt logged it yet on the royal mail system this regularly happens and is why i use first class and just get a receipt of posting this is then deemed delivered after two days

[Photovoltage]

Had a response from Halifax today which seems to be a copy of the first letter they sent to me.

 

complaint handling rules set by our regulator, the Financial Services Authority, gives us 8 weeks to investigate and respond to complaints.

 

And

 

If for any reason we are unable to respond fully to your concerns within the next 4 weeks we will write to update you of our progress.

 

Well bully for them as it has now been 7 weeks and 3 days since they acknowledged receipt of my first letter to them, so if I have not had a full response by Tuesday they will also be breaking the rules set by the FSA as well as contract law!

[smoorach]

well what do you know.... they never know what they are doing and thier incompetance never ceases to amaze me lol. you stick to your guns and do what you have to do to get them to stick to YOUR timetable not theirs

[Photovoltage]

Well its Wednesday and no word from Halifax... hi ho, hi ho its off to Moneyclaim I go...

[Photovoltage]

Claim acknowledged 11/04/07

[emmaf01]

You should be hearing from them soon, then. They like to put money in your account, often just a partial payment, and then file a defence saying they have paid you.

 

Then you often have to keep fighting for the rest.

 

At least their defence gives you a laugh. I've just filed my AQ.

[Photovoltage]

I'm being dumb - AQ?

[emmaf01]

Allocation Questionnairre. So they can assign it to the right court- eg small claims.

 

So I can get a court date.

[Photovoltage]

OK Here's what's new.

 

4th April submitted my MCOL claim totaling £1,968.53 inc interest and court costs.

11th April Halifax acknowledged the claim.

 

Received a letter yesterday (post round here is rubbish) dated 10th April from Halifax.

 

They are going to arrange a payment of £1,122 as full and final settlement. Obviously they still need to pay me an additional £846.53 for it to be a full settlement.

 

What's the best tactic now to ensure that I get everything that is owed to me?

[emmaf01]

Ther is a letter in templates to refuse settlement, or accept payment as a partial payment and that you will carry on with you claim for the outstanding amount.

 

They will credit your account with the amount whether you like it or not (see my post above on their defence tactic).

 

The key is to write to them to say, thanks but where is the rest of it?

 

They did this to me, which is why I'm still fighting.

[Didge]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

I do believe you would need to inform MCOL (or the court if your case has been allocated to your local) about the payment and adjust the amount you are claiming for - I'm sure someone would correct me on this one.

But keep going - you will get the full amount.

[abo999]

If it were me, I'd be accepting this as a partial payment and then jo fight on for the rest. At least you've got something out of them in the meantime, a morale booster if nothing else

[Photovoltage]

OK - here's an update on whats happened.

 

They have paid the money into this account - the full ammount claimed in my MCOL claim.

 

However they will not let me access the money as the account was closed by Halifax in January, just before I started my claim against them.

 

So I have the money there, less the amount the account was overdrawn by. But I don't want to accept it as part of my claim was to have the default notice removed from my credit record.

 

There are so many threads on this I'm finding it a ball-ache to sit and read through. Has anyone successfully had a default notice from Halifax removed from their account?

 

The main reason I ask is that having the money from the charges back is nice but I can't live with another 6 years of not being able to get a mortgage or car loan etc. I need that default removed - and the only reason it is on there is because of Halifax's charges.